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    • Hi Scourge,   Actually I decided to look over their defence again as it had been a long time and there is a few sections about birdstrikes!   To be honest I never replied to their defence asI was under the impression that I would be doing this at court at the hearing when I could argue that their defence was missing the point entirely.   If you like, I could send you a copy of their defence for you to look through?  Perhaps then you could see if it is a generic template that you may have comeacross before?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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dual citi/DCA entry on Credit File


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You usually send the SAR to the original creditor :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Hi, the SAR goes to the original lender as they have all the information. It is only worth sending one to the DCA if they have been dealing for a long time and appear to have a poor memory :rolleyes:

Make sure you request everything that you need as they usually only send out minimal information.......

Also, £10 PO, don't sign, send recorded delivery and wait for 40 long days!!!

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Thanks for that,....what do I need? Surely it's everything they are supposed to hold on me such as Statements (so I can see the charges), original agreements (signed) any any correspondence they may have sent including sale of debt (if applicable) and so on?

I reside in Dawlish Warren but am not a rabbit.

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yes but you will need to be pretty explicit in your request to get all that information

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Is there a method for being explcit? short of telling they've had my pants down for a number of years and now it's my turn to have theirs around their ankles?

I reside in Dawlish Warren but am not a rabbit.

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to where a Subject access request should be sent re Citi-Financial.

and if they assigned the debt to Hillsden do I send them both a subject access or just one? and who do you make the Postal order out to?

I reside in Dawlish Warren but am not a rabbit.

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Hi,

 

You should find an address in here.......

 

http://www.consumeractiongroup.co.uk/forum/citicards/4925-citi-cards-address-updated.html

 

Send the SAR to the origional creditor, I always leave mine blank.

 

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If they should write back and insist on a signature to confirm that it is you, just tell them well you use that name and address to threaten me so you must be pretty confident that I am me!!!!

Every journey begins with a single step :):)

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I'm still confused as to where to send it, it's seems that they play a cat and mouse game to make things difficult...I do have somewhere in my file a cheque that was sent to them around 5 years ago as part of a payment and they sent it back as they had moved the debt on....but they sent it back without opening it.

 

I see myself sending it and it sent back and sending it again etc etc...The account did not start with them, they took over from Peoples Bank, then it went it to Citi-Financial and now Citi-Bank or just Citi....peoples bank no longer exist and Citi sent /assigned the debt to Hillesden...I'm doing the cca's but want to try one subject access on Citi as well...

I reside in Dawlish Warren but am not a rabbit.

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I am sure the link provided in post No. 2 is the one you should use. Send by Recorded Delivery and you will then have proof that it has been delivered. Any 'forwarding on' should then be done internally and you should get a letter informing you as to what has transpired.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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How long is it since a payment was made & accepted on this a/c. ?

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I've been paying them since I went tits up...no chance of statute barred I'm afraid. 5 years of regular payments....albeit greatly reduced...

I reside in Dawlish Warren but am not a rabbit.

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I just wondered with you mentioning you still had a cheque they returned five years ago.

Anthrax alert at debt collectors caused by box of doughnuts

 

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I just wondered with you mentioning you still had a cheque they returned five years ago.

 

 

Well the original credit agreement was from 1997, Peoples Bank to Citi-Financial to Citi and given the rubbish Hillsden have been spouting lately and the fact that the interest they've attempted to levy against me makes my payments to them worthless then I think it's about time I requested the Documentation from the original OC and the CCA from the DCA....

 

What beefs me is I've paid first Citi and then the DCA for five years without a payment missed, but as soon as I phone them asking about the interest they threaten me with court (bring it on I say) which if it was allowed to stand at court would mean that the debt would in theory be on my credit file in two different guises for 12....5 years since the default and

when/if the acout action goes on in their favour it gives meafurther 6 years of credit file rubbish from them....which seems just a little on the unfair size, particular as I have not missed a single solitary payment to them since falling behind....

I reside in Dawlish Warren but am not a rabbit.

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You certainly need to CCA them to see if it's enforceable or not.

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I would use their registered address:

CITIFINANCIAL LIMITED

CITIGROUP CENTRE

CANADA SQUARE CANARY WHARF

LONDON

E14 5LB

 

They claim the Salford address is no longer operational

 

Thats the address I sent my CCA and my SAR too. Seems to have worked (sort of) Citi dont do S78 requests:D

 

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Yes the London one is correct.

Citi have been ignorant to CC protocols in the small claims process in many well documented examples -just read the Citi forums.

We contacted the OFT last year to ask for verification and they confirmed that an application for change of details was pending.

 

Eversheds have predominantly been dealing with Citi charges claims for the last 14 months.

Once litigation is filed at Court they will request all further comms are sent to them in Cardiff.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Deb I think it would be a good idea to move your thread into the Citi Forums-you will be with peeps there who are dealing with same stuff.

Let me know if you want this moving there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok will move and re title.

Actually I also had issues with both Citi and Hileseden-so maybe can assist.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Please do assist.

 

I've paid Hillseden via their appointed collecting agent for 5 years, there were initially two entries on my credit file, one from Hillsden the other from Citi, the default amount was the same but the outstanding amount which was updated each month was different. Hillsden was much more...

 

I have queried the file with the credit reference agency who wrote to both parties, Hillsden request it stay on file with Citi stating the duplicate entry be removed. I have a copy of the file just in case it was deleted with the lower figure the one being deleted which it was...according to form it seems it's happened quite a lot lately re this issue....so two entries on my file makes it look worse than what it is obviously...it's been duplicated for 5 years (since default)

 

In the meantime I have made payments, and Hillsden sent an assignment notice I think...not sure if i have it..but it was a couple of years ago.

 

In any case I've made regular but reduced payments to them for 5 years, citi for about 6 months and then Hillsden via their appointed agents

 

The difference in the two credit entries btw was about 1k, but I've now been back through my file and I can see that the origina debt was much lower than what it currently stands at...so, I'm cca'ing the debt agents and I'm subject access'ing the OC....I want to see what/where/how they have been adding charges etc....Hillsden need to be careful because I do have some documentation that alludes to something on the account...if when I receive the Subject Access and there are anomalies which I expect there to be then along with me quitting paying them there will be various complaints sent to the various bodies such as the OFT.

 

That is where I am at the moment.....

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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I will have read of your thread.

I am sure others in this forum will help you sort things too.

Citi are one of the few that need more work than most-but theres not a lot we dont know-and have showed them they cant fool CAG.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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