V966732 v's Citi Cards ** Defence received **

[v966732]

I lodged my claim through moneyclaim and have today received a cheque for the difference between £12 & £25 and a copy of their defence.

 

In their defence they state that

 

"the particulars of claim neither particularise the dates upon which the amounts claimed arose nor the nature of the charges made, and puts the claimant to strict proof of these"

 

the next statement then reads.....

 

"The defendant admits that, between November 2002 and July 2006, £xxx was debited to the claimant's account." This was by way of late payment fees and overlimit fees....."

 

so in one one statement they say I haven't detailed the charges (even though they have been sent a copy of the schedule of charges) and in the next statement they admit that they did take the money. In which case why do I need to prove them?

 

The other thing they say is that this is not a money claim but a damages claim and that interest calculation is not applicable, if it is then I need to prove that interest is owed.

 

Do I need to do anything other than bank the cheque and wait for the allocation questionairre? Should I resend Citi a copy of the schedule of charges?

 

Any help greatly appreciated.

[MARTIN3030]

Yes send one to the court and 1 to citi.

check with the court asap to make sure citi has not told the court they have settled.

 

Make the court aware that although they have given a payment they have not settled in full.

 

Which court is the case ?

[MARTIN3030]

Sorry I see its mc.

 

Anyone know how to proceed insofar as the alloc questionaire ?

 

lets see if someone replies.if not then I will ask someone who will know.

Actually will need to know for my own claim against them.

This appears to be a new tactic from Citi

[v966732]

OK I received the Allocation Questionairre today.

 

Does anyone have any tips on filling them in or is it straight forward.

 

Also do I need to do anything about the points I made earlier in this thread?

[Chimera]

Sorry to not answer your question... but I think I will be in a similar situation... THey have just sent me a letter saying they will give me the difference between £12 and £13... due to go to MCOL on Sat... thought I'd bump the thread, see if anyone can help..

[MARTIN3030]

I would still file for MC since they are not going to refund all the charges.

I will have a word with the other guys and see whats the best course of action.

[MARTIN3030]

Ok guys the answers here are basically consistent with the principles of the arguement for all claims.

 

The OFT ruling was just a guideline and therefore not conclusive that the 12.00 is effectively what it does cost the banks themselves.

The onus is on them to prove that it does,and as we all know they are not going to do that.

 

 

In my Citi thread I showed off the letter they had sent me.....which basically said the same thing,they offered the refund.

 

So the advice therefore is to carry on with the claim through the courts,and I suggest that anyone who has been sent the cheques or had them refunded into live accounts,call the court and inform them your claim is still on........I dont trust citi here and there has been cases of other banks doing something similar and informing the court the case was settled.

[MARTIN3030]

Dont forget ..the Alloc Quest should make references to the partial refund.

 

So effectively you are claiming the difference plus interest and costs.

[cwoj]

This is very interesting, i too rcd the same sort of thing, they have offered to refund the difference between 12 - 25 for all the charges and state that they will defend the claim using information from of OFT report and that they will seek to have the claim transfered to a local court? I will be reading this thread with great interest.

 

Good Luck

[MARTIN3030]

They have had no success in having claims transferred to Salford.

There is a letter to address this,should it be needed at a later stage.

[cwoj]

Does it really make a difference if they transfer the case? Could you post the letter anyway? am going to start my own thread. ta

[MARTIN3030]

start your own thread in Citi and lets discuss it there.

 

[cwoj]

done, now thanks

[v966732]

So I mention in my letter accompanying the AQ that I have had a partial refund.

 

Should I also write to Citi to say I accept their payment as a partial settlement but that court proceedings will continue until I receive full payment...and re-enclose a schedule of charges?

[MARTIN3030]

Yes I would do that.

Send a copy to the court and on the bottom write "copy sent to defendant/revised summary of charges also sent to defendant."

 

On the bottom of your letter write the same but change to court.

 

This covers you if Citi try and stall..........and makes them aware the court has been informed too.