Citicard: Missy06 - v - Citifinancial

[Missy06]

Update:

 

Sent Prelim, LBA and ended up claiming through the court 4/10/07. They had 28 days to file a defence and they didn't. I didn't hear a peep from them.

 

31/10/07 - I got a judgement against them.

 

16/11/07 - they sent me a copy of their application to set aside as they claim they hadn't received the claim form and intend to defend the claim!

 

6/12/07 - called the court to find out status of the claim as I had been informed that Citi had filed a defence. Apparently Citi made an application to set aside the judgement but hadn't paid the fee for the application......I was told that this means that, legally they can't process the application and I can go ahead and issue a Warrant of Execution.

 

7/12/07 - Filled my Warrant of Execution form and faxed a copy to Citi (0870 905 0710) giving them a final opportunity to pay up. I asked them to clear the balance on my card with some of the funds and send me the remaining monies by registered post the following day......of course I told them nothing about their goofing up and not sending payment to the court! This bought me some time to get my application for the warrant into court on Monday. If they found out that they'd left out the payment, they could send it to the court b4 I get there to apply for my warrant!!

 

10/12/07 - heard nothing from them. I called the Complaints department (I'd asked to speak to Brian Smith their solicitor and was told to call this department on 0800-146-1888) to get an update and was told that faxes have a 48 hours turnaround......who cares? I'm off to court tomorrow.

 

11/12/07 - applied for the warrant with 55.00! I spoke to the Baillifs at the court and they advised I use the registered office (i.e. 87 Castle Street, Reading) instead of using a local branch address as it's been suggested by some on the forum.

 

13/12/07 - received a confirmation from the court that my warrant has been issued!.....that was quick. However, it's been sent to the bailliffs in Reading to handle.

[Missy06]

Received a letter today from Citi saying "..further to your recent request,I am writing to advise you that the final settlement figure on the above account as of this date is xxxx until 15/12/07. When making your payment please allow 7 days......." These people are really confused! They are the ones meant to be paying me back monies!!.....or maybe this is just protocol before they make me the payment. Let's see....

 

I called them and my balance is still the same so they haven't paid any monies back to my credit card yet.

[elsinore]

Nice work Missy.

 

If they do try for a setaside when they get hit with the warrant, I'm sure you'll oppose it strenuously.

 

They should cough up in the end.

 

Els

[Missy06]

Nice work Missy.

 

If they do try for a setaside when they get hit with the warrant, I'm sure you'll oppose it strenuously.

 

They should cough up in the end.

 

Els

 

Definitely! I'll let you know how I get on.

[Missy06]

Two weeks on and haven't heard anything. The courts have been closed due to the holidays and apparently also have a backlog!

[Missy06]

Update:

 

7/1/08 - received a letter from the Bailliffs saying they were unable to contact the debtor and that efforts were continuing.

 

15/1/08 - received a letter from Barnet county court saying it has ordered for the Defendents application to be heard on on Tuesday 29th Jan without a hearing. The enforcement of the judgment is stayed pending the hearing of defendants application......

 

I actually read it as 'Claimants application to be heard.....' not 'defendants application' so I didn't ask for the application to be stayed! I only noticed yesterday....!!

 

Anyway, I've decided to attend the Defendents hearing but not sure what to say!! Can anyone help??

 

ps: thank God the claim was transferred back to my local court! (It was formally in Reading).

[elsinore]

Hi Missy.

 

The order you have received from Barnet Court states ‘without a hearing’. I take this to mean that a judge will review the case and consider Citi’s application for a setaside, on his/her own. There will be no opportunity for you to speak, because there is no hearing.

 

What you can do is set out your objections to Citi’s application in a letter. You should then hand the letter in at the court office, making sure that a court officer adds it to the file for the judge’s consideration. The judge is not bound to take any notice of it and it is most likely that the setaside will be allowed. However, it is the only chance that you have to influence the judge’s decision.

 

Call the court first thing tomorrow, to check that my interpretation is correct and, if so, tell them that you will be entering an objection. If you are unable to get to the court tomorrow, note the name of the person that you speak to and fax or email your letter for their attention. Then call them again to ensure that it has been received and added to the file.

 

Do you have the wording of Citi’s setaside application?

 

Els

[Missy06]

Hi Missy.

 

The order you have received from Barnet Court states ‘without a hearing’. I take this to mean that a judge will review the case and consider Citi’s application for a setaside, on his/her own. There will be no opportunity for you to speak, because there is no hearing.

 

What you can do is set out your objections to Citi’s application in a letter. You should then hand the letter in at the court office, making sure that a court officer adds it to the file for the judge’s consideration. The judge is not bound to take any notice of it and it is most likely that the setaside will be allowed. However, it is the only chance that you have to influence the judge’s decision.

 

Call the court first thing tomorrow, to check that my interpretation is correct and, if so, tell them that you will be entering an objection. If you are unable to get to the court tomorrow, note the name of the person that you speak to and fax or email your letter for their attention. Then call them again to ensure that it has been received and added to the file.

 

Do you have the wording of Citi’s setaside application?

 

Els

 

No I don't have the wording of Citi's set aside application. Could you please send it to me?:-|

 

I'll be going to the court in the morning. I believe the court opens at 10.00 and the hearing is later in the morning. Not sure the judge will get to see the letter but I'll definitely try my best!!

[Missy06]

Hi Missy.

 

The order you have received from Barnet Court states ‘without a hearing’. I take this to mean that a judge will review the case and consider Citi’s application for a setaside, on his/her own. There will be no opportunity for you to speak, because there is no hearing.......

 

.......Call the court first thing tomorrow, to check that my interpretation is correct and, if so, tell them that you will be entering an objection. If you are unable to get to the court tomorrow, note the name of the person that you speak to and fax or email your letter for their attention.

 

Els

 

I called the court 2 weeks ago when I received the order and was told (I have the gentlemans name) that I'd be allowed to have a say but that it's not a full hearing......can the person I spoke to be wrong?

 

I'll call again in the morning. I'll get to the court early to make my submission.....

[elsinore]

Apologies, I read your PM re the date, after I posted!

 

I don't have a copy of Citi's application. What I meant was, did the court send you a copy with the order. It would be good to know exactly what excuses they were using.

 

Good luck tomorrow:)

 

Els

[Missy06]

I was thinking of requesting the judge to ask Citi to give a full disclose of the breakdown of charges and the below as GIZMO111 did in his claim:

 

1. By 30th March 2007 the Defendant do Disclose to the Claimant and the Court.

i) Evidence of its pre-estimates prepared during the period the Claimant held its account with the Defendant from

ii) Its costs in relation to the Administration of breaches of contract by the Claimant during this period.

iii) Fully certified breakdown of the actual expenditure incurred by the Claimant in relation to each of the charges

detailed in the Claim.

iv) Where the charge is purely an administration charge fee applied under the Terms & Conditions of the account, the

Defendant shall provide details of how it was set and the calculations implied to set it.

 

What do you think?.....or is this part of the set aside you're sending me?

[Missy06]

Apologies, I read your PM re the date, after I posted!

 

I don't have a copy of Citi's application. What I meant was, did the court send you a copy with the order. It would be good to know exactly what excuses they were using.

 

Good luck tomorrow:)

 

Els

 

No the court didn't send it. But Citi had sent me a copy of the Application Notice a while back. They claim they were unaware of the claim and didn't receive a claim form. They went on to say that they have a complete defence to my claim......but I didn't get a copy of the defence from them or the courts....

 

What do I do now?

[elsinore]

Yes, if the judge allows the setaside, try and persuade him/her to make an order for directions in line with your post 11. Then, if Citi fail to comply, the judge could reinstate the judgment.

 

Els

[Missy06]

Yes, if the judge allows the setaside, try and persuade him/her to make an order for directions in line with your post 11. Then, if Citi fail to comply, the judge could reinstate the judgment.

 

Els

 

Thanks for the feedback. Will let you know how it goes!

[Missy06]

Hi,

 

I've finally gotten one of the credit card lenders to refund me my bank charges with interest after I got a judgment against them! Their solicitor has sent me a 'Tomlin Order'. What is this?

 

Should I sign it? (I just want to get this over and done with) ......It reads as a 'full and final' settlement. Will there be any implications in the future as they'll probably be settling the account out of the sum and sending me the cheque for the balance (although the schedule - see below - says they'll "refund to the claimant the of xxxxxx....")

 

 

It orders that:

1) the judgment be set aside

2) all further proceedings be stayed except for the purpose of carrying the schedule into effect.

3) permission to apply to carry such terms into effect.

4) there be no order as to costs of this application or in the case.

 

The Schedule states that:

1) the defendant shall refund to the claimant the sum of xxxxxx within 14 days of the date of the sealed order.

2) the defendant makes no admission of liability in respect of this claim

3) the parties agree that the consideration set out above shall be in full and final settlement of the case, and all claims, rights, actions and causes of action (including claims for interest and costs) either party may have againast the other arising out of or in connection with any issue pleaded in this case.

4) The terms of this agreement shall remain confidential between the parties and thier legal advisors save that the same may be disclosed:

 

i) to the extent necessary for the purposes of enforcement; and

ii) to any court, government, or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it, and to the extent necessary to any professional advisor to that party in connection with the giving or receiving of advice in relation to such disclosure.

 

What do you think?

 

Thanks.

[pford]

Tomlin order - Wikipedia, the free encyclopedia

[scaper]

A Tomlin Order is an order of the court staying action on terms agreed by the parties to the order, as set out in the order.So as long as you are happy with the terms of the offer, it should not be a problem for you to sign it.

[elsinore]

As scaper says it is an order of the court.

 

If this is only a proposal put forward by the defendant's solicitors, don't sign it. You need to be sure that it has gone before a judge first and that you get the documents from the court to sign. The solictors should have submitted their request for a Tomlin order to the court at the same time that they sent a copy to you.

 

I have PMd you for the name of the defendant.

 

Els

[Missy06]

Yes, if the judge allows the setaside, try and persuade him/her to make an order for directions in line with your post 11. Then, if Citi fail to comply, the judge could reinstate the judgment.

 

Els

 

Hiya!

 

Just to keep everyone updated:

 

Jan 08 - I went to court and the Judge asked Citi to file a full defence (the liars claimed they weren't aware of my claim so didn't file a defence) by a given date. I requested the Judge to ask Citi to also address my 6-point statement which required them to answers as well as give a full disclosure of the charges to my credit card account. This was granted. The guy that came to court on behalf of Citi doesn't actually work for them.

 

Early Feb 08 - Citi filed their defence but not fully (as they didn't address my 6-point statement that the Judge had asked them to adress at the court hearing) !

 

Mid Feb 08 - was sent AQ to fill by court. I filled it and returned it with a Draft Order of Directions.

 

March 08 - Citi didn't file their AQ! Yippie!! Wrote the court requesting the Judgment be reinstated as Citi didn't file full defence nor submitted their AQ and were just wasting everyones time.

 

End March 08 - Court reinstated judgment.

 

April 08 - Got a letter from Eversheds informing me that they are now Citi's new solictors (this was originally being dealt with internally by....you know who......Mr Brian Smith:p)........4 days later got a letter with an attached Tomlin Order offering full refund of charges! :D.......finally I've won!!!

[Missy06]

As scaper says it is an order of the court.

 

If this is only a proposal put forward by the defendant's solicitors, don't sign it. You need to be sure that it has gone before a judge first and that you get the documents from the court to sign. The solictors should have submitted their request for a Tomlin order to the court at the same time that they sent a copy to you.

 

I have PMd you for the name of the defendant.

 

Els

 

They haven't submitted anything to the court. I spoke to them and they said I should sign, then they will sign and then put forward to the court. Should I ask them to sign, and then I sign and submit it myself to the court?

 

I'd like to put this behind me and just get the account settled and cash in my pocket!.......but I really want to put in a Wasted Costs Order....I've spent uncountable time on this claim!!.....and Brian Smith gave me grief as well.....

 

What do you all think?

[Missy06]

They haven't submitted anything to the court. I spoke to them and they said I should sign, then they will sign and then put forward to the court. Should I ask them to sign, and then I sign and submit it myself to the court?

 

I'd like to put this behind me and just get the account settled and cash in my pocket!.......but I really want to put in a Wasted Costs Order....I've spent uncountable time on this claim!!.....and Brian Smith gave me grief as well.....

 

What do you all think?

 

Here's the content of the Tomlin Order:

 

Click here

[Missy06]

Here's the content of the Tomlin Order:

 

Click here

 

They've mentioned that "There be no order as to costs of this appliction or in the case" but I'd like to put Wasted Costs in......the worst that would happen is that the Judge won't grant it but at least I would have tried!

[elsinore]

I've merged your threads Missy, as it is all the same subject and we now know it's Citi!

 

I'll confirm the best way forward as soon as possible.

 

Els

[gizmo111]

I can't see the oder, missy, could you post it again please.

[elsinore]

I can't see the oder, missy, could you post it again please.

 

Post 15, Gizmo.

 

Els