kano24 v Citicards

[MARTIN3030]

2 threads merged

[kano24]

Ok,

 

sent the AQ and have recieved a letter from the court today stating

 

"It is ordered that the claiment submit a full reply to the defence including specifically if there is an IVA in place. In default claim will be struck out."

 

What do you think of that?

[gerryb2]

Hi Kano24,

 

how long have you got to file reply? Most of their defence statement is pretty straightforward copy & paste by Brian. Not sure about the IVA situation. Suggest you PM a Mod for a bit of 1to1 on this (no peeking Brian)

Oh and don't forget the draft order for disclosure within 14 days

[elsinore]

Kano, I have emailed you

 

Els

[kano24]

OK, got a letter from the court. States:

 

The court is proposing to strike out the claim in this case of its own initiative on the grounds set out in the schedule hereto

 

If you object to such an order, you must file your reasons at the court in writing by 4.00pm on 24th April 2007 in which case there will be a hearing to decide the matter at which you will need to present your arguments.

 

"The claiment has not paid the charges he seeks to recover. They are included in his Individual Voluntary Agreement. He cannot recover that which he has not paid in the first place."

I really need some help and advice now guys. Yes I have an IVA in place but part of the IVA is to pay back to citi money for a debt that is made up of mostly unlawful charges. If they hadn't of put unlawful charges on my account then I may never have had to have an IVA in the first place. By them placing unlawful charges on my account, it has not helped my financial situation It has partly caused me to set up an IVA and has damaged my credit rating.

 

Can anyone out there help me put the above into a legal argument that I can write down and present to the court??

 

I need to get this in by Tuesday so any help you can give me asap would be appreciatted

[hondamad21]

Hi kano,

 

I am stumped about this. I would advise that you PM the moderators and ask their advise.

One thing I would say is that you can try arguing that you do not want the money back in itself, you just want it taken of the amount you still owe citi.

 

Hondamad21

[eggopp]

I will be watching this with interest, ive just sent SAR to citi and like you Kano i have an IVA, however with all my cliams to date i have declared my IVA and copied my I into all my correspondance.

 

Once they agree the IVA my IP says they cant make any changed without an application tot he high court.. Capital One for example wanted to reduce my charges from their debt, so i wrote to them saying tha=ey signed up to an IVA with the Lincoln County Court and cant amend it like that. In order to make adjustments, the monies incurred will pay a contrbution to all creditrs and not attempt to take it off there own debt. The same applies with the Halifax.

 

Ive also made sure ive sent copies of my IVA contract to the banks with the relevent sections highlighted about charging amongst creditors and high court action if creditors need to make amendments. It seems to me like Citi Cards are attempting to either absolve themselves or keep your money to offset the debt you had with them and them alone, that in itself could according to my IP constitte a breach of the IVA contract on the part of the banks and therefore that could be a seperate matter in them attempting to decieve the court themselves. Pretty much in the same way it seems citi cards sem to be saying about you.

 

The difference i guess betwen your citi account and mine i guess is that mine was running right up until the IVA and was not being chased by debt colection agencies appointed by Citi, whether that has any bearing i wont know until i go the same distance as yourself.

 

None the less, good luck and i shall be watching with bated breath.

[elsinore]

Kano, I'll call you on Sunday

 

Els

[kano24]

Hi Guys,

 

I sent off a letter at the beginning of the week objecting for the claim to be struck out.

 

Have today recieved a Notice of Hearing. This will take place on 22nd May.

 

Just a bit worried now about being able to put forward a positive argument in respect to the IVA situation.

 

Any help and advice would be much appreciated!

[eggopp]

Hi Kano, I would have thought that the charges would have contributed towards your IVA in the first place, im still waiting for my statements which Citi have said they are sending me. I think a positive move would be to use that as the basis of your argument and that the money refunded will be given to your IVA supervisor to distribute amongst al your creditors. I have this issue with Halifax CC and Cap one CC and im argueing that they made me settlement offers but to reduce there own overall balance.

 

I informed my IVA supervisor who on my behalf advised them they would be in breach of the agreement in respect of the IVA in which they signed up to and agreed. As they wanted to reduce there own debt, when the general idea is to reduce all debts.

 

Unless of course you requested payment to go to you and not your supervisor?

[kano24]

eggop,

 

Thanks for that. It is a very goog point that any money refunded would have to be distributed fairly amongst all creditors.

 

Even though I have not techically paid all of the money that I am claiming, Citicards have defaulted me on the amount. Even if they only get paid a partial sum of the money through my IVA contributions, it is still money that they had no right to put onto my account as it was unlawfull.

 

I have just got to make sure I can try and get all the points out in the court room. Im not afraid to admit I am getting a bit nervous now!!