Hi all, I've been helping a family member to reclaim his credit card charges from Citi, they never replied to the claim form and judgment was entered on the 24/01/08. Citi have made no payment or made contact at all. The courts are sending through enforcement forms and I was wodering how long we wait till we act. The judgement form had no date when payment had to be made by, I querried this today and she said it had to be made worthwith.

This is such a familiar story, luke. Many Citi claimants have experienced this.

If you ask for enforcement and bailiffs try to collect, Citi will almost certainly apply to have judgment set aside.

Which address did you use on the claim form?

Els

Hi Elsinore, i used the 87 castle street address. Surely though if judgment has been entered then thats case closed or am i missing something here?

If Citi can come up with an excuse that will impress the judge, he may allow the judgment to be set aside and set a new date for a hearing. They usually say that they did not recieve the documents.

It will be up to you to oppose any application from Citi. If you do it well, you might prevail.

For the moment though, wait to see what happens when the bailiffs visit. Claimants have been unsuccessful when sending bailiffs to Castle Street, Reading. I would send them to Salford.

Els

In that case would it be worth sending a letter to citi via recorded delivery stating I wil commence enforcement procedures within 7 days of receipt of this letter and also enclose a copy of the judgement order from the courts. This would then take away the "we've never seen it your honour" argument.

You can certainly do that and it might produce a result as it did with me. See post 151 in my thread here. I was fortunate insofar as Citi decided to cough up.

But if citi decide to apply for a setaside, their argument will be that they never received the original claim form N1. Sending them the judgment order won't prevent that.

Nobody can really say how they will react, but by all means send the letter you have suggested.

Els

Yeah i'll give it a go and see what happens, if i don't hear anything within a week i'll send in the balifs.

Well I posted this off this morning, guess i'll wait and see what happens next.

Dear Sir/Madam

Re Claim No *********

By now you will have received a formal notice from ******* County Court advising you of this judgment has been awarded in this case. In case the notice sent to you has by some mischance gone astray, I enclose a copy.

At this time I have not received any payment from you or correspondence advising me when payment shall be made.

If I have not received your cheque for £****** within 7 days of you receiving this letter then I shall request a Warrant of Execution for the collection of the debt. This will result in further costs being added to the sum payable and the probable recording of the judgment in the lists of Registry Trust Ltd.

A copy of this letter has been forwarded to ******* County Court.

Yours faithfully,

Good news, citi payed up this morning, looks like the letter did the trick, thanks for all your help Elsinore.

Whoopee!! Well done Luke for sticking it out, you deserve it.

Would you like the thread title changed? If so, what to?

Els

Thanks alot, sadly its not my money though ha ha. I guess it could be changed to Citi won via judgment.

Funnily enough I used Elisnores letter as well for a basis of my request at the time, sending a copy of the judgement in my claim... and got paid quickly as well.

At the end of the day if people prepare well Citi don't have a leg to stand on, though it does boil down to having an understanding judge as well.

Title changed

Els

Thanks everyone for your help, I guess by sending that letter by recorded delivery, it takes away from them the excuse that they've never recieved any correspondence at all. Its a pity the courts don't offer you the option to send their correspondence by recorded delivery for a fee, it would deny Citi another of their delaying tactics then.

Congratulations - did you claim for interest too? I am just starting out with my Citi claim

Congratulations - did you claim for interest too? I am just starting out with my Citi claim

Yes I did mate, good luck with your claim against them.

Could someone advice me please, I've taken citicards to court for the amount they owe me and today I have recieved a letter saying to cut it short, there charges are fair and there not paying up and gave me the details for the ombusman.

Does this mean there not paying up and it's over, even though they have been served with the court papers for two weeks now?

Thanks

No, they will have to respond to the court claim. The letter you've received is just a belated reply to your LBA. Ignore it.

Yep, all bluster... they will argue that you wont win till they are blue in the face.

But strange that a fair few of us on here have won.

Once you get your Allocation Questionnaire get in touch with me, as I have all the materials you'll need for mounting your claim - additions to go in with the AQ, and compiling your Bundle.

A bag of mini cheddars says that after you hand in the Allocation Questionnaire they cave in and cough up.

If you get the draft order adopted, for which there is alot of supporting evidence to cast doubt on the figures they have submitted to courts - then it is very, very unlikely that they'll win.

Plus evidence that they're late payment charges are automated - hardly puts them in a place for their charges justifiably being £12.88, £13.47 or £25+.

recieved another letter yesterday saying they'll only pay the difference over £12 plus court costs.

DO I just wait?

Yes you just follow the court process now. Can you tell us what you put in your POC, and if this is an old Associates card?

Yep, all bluster... they will argue that you wont win till they are blue in the face.

 

But strange that a fair few of us on here have won.

 

Once you get your Allocation Questionnaire get in touch with me, as I have all the materials you'll need for mounting your claim - additions to go in with the AQ, and compiling your Bundle.

I have the allocation questionnaire and would appreciate some guidance please

Just noticed this has to be in by the 6th of this month and we've only ujst got back from our hols so any urgent advice would be useful

Thanks