Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Northern Ireland Citi claimants read in

    this is VERY important to people claiming in NI against CITI

    1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise

    2.Citi DO NOT have to give you prior notice of evidence they shall be depending upon in court

    3.A judge is FULLY ENTITLED to accept "secret evidence" given in the form of undisclosed documents,and to accept the validity thereof without any further investigation.

    3.Points of law appealed using the Human Rights Legislation and Statute regarding overriding objective do not amount to anything in civil cases.

    4.It may be prudent for anyone contemplating action against CITI in NI to either file an action via the English Courts using anyone whom you know who lives there and who will allow you to use their address for paperwork from the court,asking for full disclosure of how their charges are made up,or else take the ex gratia payment and leave it at that.


    Learn from experience,take it on board and change tack.

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  2. #2
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    johnspeehs Novitiate

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    Default Re: Northern Ireland Citi claimants read in

    hi everyone
    tell me if im wrong but is there not a danger this could have repercussions for anyone in northern ireland claiming from any of the banks. bad news travels fast in this wee place and if we know about this then so do they.
    regards john.


  3. #3
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    Default Re: Northern Ireland Citi claimants read in

    Quote Originally Posted by johnspeehs View Post
    hi everyone
    tell me if im wrong but is there not a danger this could have repercussions for anyone in northern ireland claiming from any of the banks. bad news travels fast in this wee place and if we know about this then so do they.
    regards john.
    no because there has been no settlement on bank charges and the £12 is not a cap but merely an amount the OFT feels acceptable anything over this they are prepared to get involved with the case. That does not make it right if when disclosed the charge is less than £12
    if this has helped please click my scales

    cheers


  4. #4
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    Default Re: Northern Ireland Citi claimants read in

    "1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise"

    Typical of this embarrassingly deferencial wee country. So many peeps are far too willing to tug the forlock to anyone who gives the slightest impression of actually having some knowledge of what they're on about.

    Including the judges, it seems.


  5. #5
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    Default Re: Northern Ireland Citi claimants read in

    Hi guys,

    Just found this thread, it's a bit dissapointing for me as I have (as I thought) a biggish claim( or two) going in against these guys. I do however have a question about it that might save the day for me. My account(s) have been passed off to Cabot. They tell me that they now own the debt, are they likely to defend against this in the same way that Citi would?

    Any Ideas

    Thanks

    Jim

    Nothing done yet, Just arrived at the site recently, but the following banks etc will be hearing from me
    Nationwide acc 1
    Nationwide acc 2
    Nationwide acc 3
    My MBNA
    Wifes MBNA
    My Citibank
    Wifes Citibank
    My GE Money
    Wife's GE Money - £78.85 - Preliminary letter sent 5/6/06
    Mint - £140.00 - Preliminary letter sent 5/6/06
    Capital One

  6. #6
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    Default Re: Northern Ireland Citi claimants read in

    I’ve sent my letter to the bank,”Bank of Ireland” asking for my bank charge details for the last 6 yearsicon. I got a quick reply, with a list of 14 “£14.50 Referral Fee’s”, the last one was dated 11th Dec 06. I know for sure that there have been more charges taken from my account since Christmas. There were no charges from 07. So I have drafted a letter, which i'm going to post tomorrow. Basically saying that the list was incomplete and that the 40 days is still running at by not supplying me with a complete list of charges for the last 6 year, they were not Complying with the Data Protection Act.

    I have a couple of questions concerning the above
    • Am I correct in what I’m doing
    • Will this judgment diminish my chances of claiming these Fee’s back
    • Will I be better changing my address to and English address and pursue the matter there?
    • Should my fee’s I asked for Include the fees for this year 2007.
    All help will be very much appreciated


  7. #7
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    Default Re: Northern Ireland Citi claimants read in

    Hi,
    This is also my first post but I'm currently torturing the Ulster Bank for mostly irregular account fees of £12-15 over a 3 year period, will this affect my claim as Im about to claim on line when the deadline runs out in 7 days. Would love some advice and support at this time Im claiming £2200 including interesticon...


  8. #8
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    Default Re: Northern Ireland Citi claimants read in

    Hi everyone,

    Just got CAGicon newsletter and was shocked to read about this claim and the NI court service. I am currently chasing ShAbbey for just over a grand and my NI court date set for the 2nd of May.

    So April will be interesting month but just in case ShAbbey turns nasty I have opened another account elsewhere.

    I wish you all well with your claims.

    Rgds,
    Insp C.

    Abbey - £1100 - Court 18/05/07 - Won in Full 12/05/07
    First Direct - Next (pending as 6+ years)
    MBNA - PPI charges - S.A.R - (Subject Access Request) Started 10/05/07

  9. #9
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    Default Re: Northern Ireland Citi claimants read in

    Hello, I have successfully challenged the banks for unfair bank charges and have been successful.The only problem now is the banks are trying to reclaim there money back by asking me to pay my overdrafticon back in full.giving me just one day to repay them and then taking me to court which they have just done. I now have 7 days to respond to the judgment and ask the court if I can pay so much per month until I have cleared my debt I don't a C.C.J.
    As I am unemployed at present it is going to take sometime to repay I think they are well within the law what they are doing.
    So be aware


  10. #10
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    Default Re: Northern Ireland Citi claimants read in

    Quote Originally Posted by paul davenport View Post
    Hello, I have successfully challenged the banks for unfair bank charges and have been successful.The only problem now is the banks are trying to reclaim there money back by asking me to pay my overdrafticon back in full.giving me just one day to repay them and then taking me to court which they have just done. I now have 7 days to respond to the judgment and ask the court if I can pay so much per month until I have cleared my debt I don't a C.C.J.
    As I am unemployed at present it is going to take sometime to repay I think they are well within the law what they are doing.
    So be aware
    Thats rubbish. Which bank?


  11. #11
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    Default Re: Northern Ireland Citi claimants read in

    So I could claim against Northern Bank using a relative's address in England AND claim up to £5,000 through the English small claims system thereby getting around the NI limit of £2,000???


  12. #12
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    Question Re: Northern Ireland Citi claimants read in

    Quote Originally Posted by lickthewallfatboy View Post
    this is VERY important to people claiming in NI against CITI

    1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise

    2.Citi DO NOT have to give you prior notice of evidence they shall be depending upon in court

    3.A judge is FULLY ENTITLED to accept "secret evidence" given in the form of undisclosed documents,and to accept the validity thereof without

    any further investigation.


    3.Points of law appealed using the Human Rights Legislation and Statute regarding overriding objective do not amount to anything in civil cases.

    4.It may be prudent for anyone contemplating action against CITI in NI to either file an action via the English Courts using anyone whom you know who lives there and who will allow you to use their address for paperwork from the court,asking for full disclosure of how their charges are made up,or else take the ex gratia payment and leave it at that.


    Learn from experience,take it on board and change tack.
    SURELY THIS CASE HAS NOW BECOME CASE LAW IN THE UK
    8)


  13. #13
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    Default Re: Northern Ireland Citi claimants read in

    If the Judge ruled in favour of the citi bank then this becomes case law which can be used by other banks anywhere in the uk

    does anybody know this?


  14. #14
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    Default Re: Northern Ireland Citi claimants read in

    small claims court does not set case law precedent,and courts in the UK have already dismissedicon citi attempts to use this case as irrelevant....


  15. #15
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    Default Re: Northern Ireland Citi claimants read in

    As LTWFB has said- small claims courts cannot set a precedent.

    (and of course Northern Ireland IS part of the UK)


  16. #16
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    Default Re: Northern Ireland Citi claimants read in

    So can we use the English small claims court to maximise our claim if we've got an appropriate address in England???


  17. #17
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    Default Re: Northern Ireland Citi claimants read in

    Yes


  18. #18
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    Default Re: Northern Ireland Citi claimants read in

    Even if its in Cheshire


  19. #19
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    Default Re: Northern Ireland Citi claimants read in

    Quote Originally Posted by lickthewallfatboy View Post
    small claims court does not set case law precedent,and courts in the UK have already dismissedicon citi attempts to use this case as irrelevant....
    Your point about secret evidence intriges me, I have a case against the bank and I have to submit documents in discovery prior to the case being listed in the high court. The bank have to do the same any documents not disclosed this way cannot be used in evidence?:-?


  20. #20
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    Default Re: Northern Ireland Citi claimants read in

    High court is a completely different animal to small claims court.....amonst other things,it entails full disclosure of all material evidence which both sides are relying on



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