Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Greetings to you all and may the Force be with you. (particularly where these guys are concerned).
Let me give you a bit of background 'cos I'm going to need advise.
They have managed to turn an unsecured £750 card debt into about £2500 and with a charge on my house which they took despite my offering to pay a set amount each month.
I know it's mostly my own fault because I didn't defend the action, but until a month or two back - when I found this site - I thought that there was nothing I could do anyway.
I sent my Subject access request earlier this month. They received it 11/5/07. Today I received from them what I assume is ther standard form asking for 2 proofs of identity etc.
Having read it carefully several times there are a couple of things I'm not happy with:
1) They say they will supply the required information within 40 days of satisfying themselves that I am who I say I am. I think the 40 days begins when they receive MY request. Can anyone confirm that?
2) They ask you to sign a declaration that I understand the nessessity for them to satisfy themselves of my identity and that they may require more proof in the future (delaying the start of their 40 days even more).
I believe that my cheque, from the bank I have always used, 2 signatures and two other forms of identification should be more than enough.
I intend completing their form, deleting those items I think inappropriate and sending a covering letter explaining why.
Sorry again I've just re-read my previous!!! The grammar sucks.
One last thing: they say they can refuse to provide the data if it requires 'disproportionte effort' to locate it. They quote Data Protection Act 1998 Section 8(2).
Is this correct or just another tactic??
Don't complete what I assume you mean is their i.d. form to get the S.A.R - (Subject access request), after all they have managed to find you up til now with no difficulty, if you must, enclose photocopy of utility bill, not sure about reclaiming charges when you have a charging order but no doubt someone more knowledgeable will happen along.
Thanks for this reply (and the other) miss muppet.
I think their penalties and the charge on property are two separate issues. They didn't have to establish the 'legality' of their penalties to get a charge on the house and anyway, that was done by their tame debt collectors, not citi bank themselves.
I would really appreciate ANY opinions from the great and the good out there, both on the points I have raised and the wisdom (or otherwise) of posting on this sub-forum bearing in mind our 'friend's' monitoring activities.
I can't believe it's 2 years since I first started this. .
I took my eye off the ball for a while, but now after a fair bit of success elsewhere I'm back on the case.
Citi sent all the statements and things in 2007. I have now (finally) got round to producing a schedule of charges and that, together with the initial request letter will be in the post tomorrrow.
They'll follow standard procedure, and defend against your claim unless its a relatively small amount.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
I've read through a lot of threads and it's clear that these guys play hardball.
Someone's got to have a go though otherwise the bar stewards will continue to get away with it. I don't mind donning the wig and getting up on my hind legs.
I'm doing a non compliance letter over the weekend
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
I've just read through your thread. They took much longer than 40 days to send my stuff through, but they did send a couple of letters in between to apologise and to say they were still on the case. (it will be a case in a couple of weeks if they don't play ball).
When they finally pay up (I have faith ) it will pretty well clear what I owe them and while they don't bother me, we have an arrangement, I will be glad to clear yet another debt.
Normally you'd send to their customer services where correspondence is dealt with - then later file any claim at their head office address.
Nothing surprises me about Citi anylonger, after all look at their invovlement in the downfall of Enron...
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Yes, the letter went recorded delivery. I checked with Royal Mail today and it hsn't been delivered yet. Nor has another to HFC. So much for their claim that 90 odd % of first class mail is delivered the next day. That certainly isn't my experience.
Anyway, they have 14 days (+1 I surpose). If they don't respond the lba will be sent.
I don't intend to cut these guys any slack timewise. If I stick to my timetable i might have resolution by christmas (2012).
Certainly we know alot of their weak points when it comes to defending charge claims, and are more than aware of their delaying tactics, dodgey cost pre-estimates etc.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Thanks Enron. I'm sure I will as the claim progresses.
I've got a fair bit of experience under my belt now but every claim and every defendant is different. I'm not expecting an easy ride with this lot but, like the man said, a penny recovered is a penny earned.
I received an acknowledgement of my complaint today, about 9 days into their 14, if you follow me.
It tells me that they are investigating my 'complaint' and will endevour to to resolve it within 8 weeks. This timescale, they say, is in accordance with regulations set out by FSA .
Happily for me, but unhappily for them, the timescale I am adhering to is in accordance with the regulations set out by Skintboy - the FSA are far too busy sorting themselves out for the House of Lords to bother with my little issue.
My lba will be in the post on 23rd of this month and, if they don't play, I will issue my claim at the county court 15 days later.
Today I received a letter from Citi offering to refund the difference between the £25 they charged me and the £12 they have been forced into by the FSA. It's not a bad letter (from their point of view) and it says that the £25 was a 'genuine pre-estimate' of their losses in the event of a late payment etc. They must be veeeeery inefficient if their costs are that high, especially as the cost to all the other banks etc is only a couple of shillings.
Their offer is only open for 14 days from date of letter.
I shall send them the standard 'part payment' letter, maybe with a more realistic counter-offer. Do these 'people' negotiate??
If not the N1 will be in the post in about 10 days.
Keep pushing for a full refund, if its under £500 they'll settle, if not they'll likely defend in court - that said if you can get the draft order adopted which will avoid the waste of valuable court time they will not comply with a court order for a Breakdown of their costs.
Citis pre-estimates of their costs are very shakey, in that they dont seem to modify them year on year.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.