Nicho1120 Vs Citicards

[nicho1120]

Received statements today and charges amount to £925. Sending of the letter for repayment of charges on Monday. Some months I have received A charge for late payment and a charge for going over limit. The money will come in handy, have to wait and see.

[TBeckett100]

xmas will come early!

[nicho1120]

Sent initial letter for repayment on Monday and received reply today from Citicards. Basically saying that they will be making no refund and that they have reduced there charges to £12 from the the 28th June but will make no repayment from charges made before that date. Obviously they have replied so I don't have to wait 14 days before sending LBA, do I ????? Can I send the LBA now ???

[Mrgreengenes]

Hi, I'm no expert but I waited 14 days before proceeding. Hopefully, someone with a bit more knowledge will advise.

I am currently saving up for my court fees to proceed.

Good luck.

 

 

Don't let the fatherless chillen get ya!

[nicho1120]

ANyone else ?????

[andyace]

I got a reply 4 days after my first letter; they offered the difference between their charges and £12. I wrote back straight away and accepted the offer as part payment on the refund but pursue for the rest. I would say that if they have replied earlier than the 14 days then send the letter off becuase they have made that decision and wont change their minds. The only thing is that I have got my £650 and the account balance is zero but I have had no letter to confirm the refund.

They even sent me a cheque for 46 pence cos I was in credit! Also no more phone calls.:):)

[hagenuk]

ANyone else ?????

 

You can start now, no need to wait. What good is wating if they have already informed you of their intention, they will not change their minds.

 

Go for it.

[nicho1120]

Phone calls !!! I must receive about 5 a day including answer machine messages. I just ignore them now.

[nicho1120]

Hi there,

 

Sent LBA last week and received reply today , here is what the letter says :-

 

Dear *********,

I act on behalf of Citifinancial Europe Plc and I am writing to you in response to your complaint regarding the default charges applied to your account. The OFT did not say in its statement that all such default charges are unfair; it merely set a recommended threshold of £12 to reflect the balance of information given to it by many of the banks that these charges are based on a number of factors and not just, as is commonly supposed, the price of a stamp or the envelope, etc.

 

In line with the OFT statement therefore, I have advised my clinet that,in your case as a current cardholder who has been charged £975, it would be appropriate to write off the difference between the current £25 charges and the recommended level of £12. Accordingly your account has been reduced by £ 468.

 

In the event that you are not satisfied with this and proceed to issue a claim for the full amount Citifinancial will defend this on the basis of the OFT's own statement and analysis of the lawful level of default charges.

 

Any defence will also exercise the defendants right to seek to have the claim transferred to its home court, i.e Salford County Court. The legal presumption is that justice should be local to the defendant as the defendant is deemed innocent until proven guilty and ought not to be disadvantaged in defending itself.

 

First Question is that my balance was only £100 so where has the £368 gone to ???

 

Second question is that I dont want to accept this amount. Should I just accept this as part payment and go to court for the rest and also are the right to be able to move this to Salford County court ???

 

Any help would be appreciated

[deathshead]

you as an individual get preference for court location as opposed to them as a corporation, theres a thread somewhere detailing why this is the case

 

personally i would accept as part payment only and persue the rest

[nicho1120]

Any ideas on the thread ???

[deathshead]

Where a claim is defended, the claim is transferred to the defendant's local court, or where the defendant is a business, to the claimant's or his solicitors' local court.

 

Information about - County Court Bulk Centre

[nicho1120]

Just wondering if anybody has recently won against Citicards, not heard many success strories from them recently. Just upto not accepting offer from LBA.

[bongobaz]

i sent off my dpa last month and there deadline is today!!

so if no post before lunch time today its the non conformance letter going in tonights post!!

[nicho1120]

Received reply to LBA today, quite rude I think and its not from Brian Smith.

 

Thanks you for your recent letter, your comments have been noted however I have to advise you we not be reviewing our decision on the basis of your arguement.

 

Your demands are entirely unreasonable since, to pay as you suggest, would imply that your continued breaches of a contract you agreed to, should simply never had attaracted any sanctions whatsoever. As you will understand this would not bea tenable position from which a bank could do business.

 

The OFT report, contrary to popular opition, did not state that default charges are unfair per se. It did state that the amount currently charged by the banking industry was excessive and imposed a £12 cap. The logic of that position was adopted and we charged you £12 in retrospective reassessment. That is a fair comprimise.

 

Citicards conducted itself within the law at all times and no-one has made any suggestion to the contrary. The OFT made an interpretation that did not, contrary to your claim, have the force of law. I suggest you reread the report and you will find it acknowledged by the OFT itself that it would have to seek a court decision on its interpretation.

 

Given the above, we will not be paying you any fursther sums, in the event that you initiate an action Citicards will defend the action on this basis.

 

Should I reply or just go to MCOL. It doesnt seem that many people are getting far with Citicards and that they are really dragging their feet. I have accepted the difference between the £25 and £12 as a part payment.

[gizmo111]

Received reply to LBA today, quite rude I think and its not from Brian Smith.

 

 

Citicards conducted itself within the law at all times and no-one has made any suggestion to the contrary. The OFT made an interpretation that did not, contrary to your claim, have the force of law. I suggest you reread the report and you will find it acknowledged by the OFT itself that it would have to seek a court decision on its interpretation.

 

Given the above, we will not be paying you any fursther sums, Oh yes they will

in the event that you initiate an action Citicards will defend the action on this basis. And you will be asking how their charges represent their true cost

 

Should I reply or just go to MCOL. It doesnt seem that many people are getting far with Citicards and that they are really dragging their feet. I have accepted the difference between the £25 and £12 as a part payment.

I wrote back and accepted part payment and said I was foing for full amount and they withdrew offer - is entirely up to you what you accept but why let them keep some of your money?

[hondamad21]

Hi Nichi1120,

 

I would advise that you write back thanking them for the letter and state that as citi has not agreed to your request you will now proceed with court action.

 

Best of luck . . .

 

hondamad

[Cairbry]

I have been looking through and cant find anyone who has any joy with Citi cards, am i being dim on this. I have just got a response to lba saying no way and quoting Kissick v Citifinancial, is this a serious presedent or not

[gizmo111]

I have been looking through and cant find anyone who has any joy with Citi cards, am i being dim on this. I have just got a response to lba saying no way and quoting Kissick v Citifinancial, is this a serious presedent or not

 

No this is not a precedent - have a read of this http://www.consumeractiongroup.co.uk/forum/citicards/9085-citi-cards-request-repayment.html and issue your claim as normal. Start your own thread and we will all help as and when things happen on your claim.

[Enron]

Citi Cards have settled with people in the past, however now they are defending all claims made against them.

 

There are a few cases which look very promising though Citi seem to be attempting to stall those.

[lickthewallfatboy]

I have been looking through and cant find anyone who has any joy with Citi cards, am i being dim on this. I have just got a response to lba saying no way and quoting Kissick v Citifinancial, is this a serious presedent or not

 

when you next communicate with Brian,ask him why he's still using this argument when the decision(as he is fully aware) of the first hearing is under appeal?

[Enron]

Also the fact that the Kissick case as case history has already been ruled out as applicable to England by a judge as the law in N.Ireland is different.

 

Will these people ever learn.

[cadencealex]

they sound horrible to deal with!!

 

I am gonna try for contractual interest with them... as the account was closed a few years ago .. would like to see them in a Court though stating their charges are 'fair'

[gizmo111]

they sound horrible to deal with!!

 

I am gonna try for contractual interest with them... as the account was closed a few years ago .. would like to see them in a Court though stating their charges are 'fair'

Well thats what we all are looking forward to - they are rude and arrogant to deal with but we soon will wipe that out.

 

Good Luck

[Enron]

If they could realistically justify their £12.88 cost per default we would have already seen it.... which would have hit any future claims against them on the head.

 

As it stands in defining a figure of £12.88 they are already admitting to drawing a profit from past defaults, and then theirs the issue of retrospective charging in refunding the difference.

 

All in all i`m looking forward to my day in court, especially when Brian says one thing and David contradicts him. But better not say anymore.