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    • I'd appreciate a bit more advice on this complaint. After the non budge phone call they've actually emailed me this morning which I've copied below.  I have now complained to the fos but haven't heard anything from them yet. Should I respo d now to this email, and if so what should I write? Or just leave it now to the ombudsman?  Thanks again   Good afternoon   Further to your recent email, I have reviewed your comments about why you didn’t complain about your loans until now, and I need some more information from you. Please be aware that without speaking with you I may not have enough information to come to a conclusion as to whether or not the 3 year exception applies to your circumstances.   Please can you provide more information to help us understand what led you to make your complaint. Was there anything specific that triggered you to make your complaint? Please provide as much information as you can.
    • Considering the wear was on the inside tyre wall and not having a ramp or lift in my back pocket I unfortunately did not want to crawl under a car in a showroom. By the way no tyre kicker here, I did my research on the car I wanted and price I wanted to pay, found a dealer with good customer feedback and took the car for a test drive. All I did wrong was trust a car dealership and as you say maybe if they valued a customer they would offer to pay for the tyres, but I suppose we can put dealerships in the same boat as estate agents....blunt truth!
    • Vast improvement...couldn't have drafted it better myself     just requires a few tweaks and a little polish and a good conclusion which I will draft for you in the next couple of days.   Regards   Andy
    • just a quick update on my witness statement. all advice appreciated   In The *******County Court   Claim No. *********    ************** Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.     2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. I accept I have in the past had financial dealings with HSBC. That being a Loan Agreement and a Current Account with overdraft facility, neither of which had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 1998.   4. I had been paying regular monthly payments via a debt management company (************) up until xx/xx/2017, I ceased payments once I realised that I was being charged a fee to use they services.   5. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.   (EXHIBIT 1)   7. A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 27/11/2018 via Royal Mail signed for and shows as received 29/11/2018. A Request for the following documents was made:   ·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. ·         Notices of sums in arrears under running account credit CCA 2006 sec 86C.  ·         Notice of assignment  ·         A statement of account   (EXHIBIT 1A)   The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account appears to be a generic copy and only start from 2007.   (EXHIBIT 2)   8. A Section 77 request was sent on 27/11/2018 via royal mail signed for and shows as received 28/11/2018. The claimant to date has failed to comply to my Section 77 request.   (EXHIBIT 2A)   The Claimant acknowledged by letter dated 13/12/2017 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action.   9.The defendant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in xx/xx/2016 and as far as I can recall any breach with the original creditor would have been on or around 2009. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (EXHIBIT C)   I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 27/11/2018 and shows as received signed for 28/11/2018.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   10. This claim bought by the claimant is without merit and an abuse of court  process.   The claimant holds no valid documentation that can substantiate their claim this being:-   ·         No Termination Notice ·         No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. ·         No valid default Notice ·         A Reconstituted Notice of assignment   It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.       11. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce.   Having regard to the above it is respectfully requested that the claimants application is denied.     I believe that the that the facts stated in the witness state are true   Signed........   Dated.......      
    • Yes Ron, I did know that in the MOT it said near the limit and yes I was going to replace but........as I keep saying the garage that did the service said there was no way that in 2 weeks and 2 days to be precise and not being driven for around 90 miles could they possible so far under the legal limit. When you buy a car and keep it in good mechanical order yes you know that bills are “imminent” but not when it should have been picked up by the dealership if they had done all the checks that they said they did.
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
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    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
tetley75

Citi cases ***WON***

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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.

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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


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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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?

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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.:rolleyes:

 

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


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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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.

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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


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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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.

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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,

 

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

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

 

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

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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

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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.


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.

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Title changed :D

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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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.

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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.

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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

Edited by Enron
title change

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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.

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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.


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.

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

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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+.

Edited by 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.

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

 

DO I just wait?

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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?


Consumer Health Forums - where you can discuss any health or relationship matters.

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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

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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

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