Elsinore v Citi Cards***WON & PAID***

[elsinore]

Which court is it by the way?

 

Wigan C C

[elsinore]

They didn't comply in my case to the draft order, so it's pretty much a certainty that they won't in yours.

 

You'll have to start putting your bundle together, if you need any help let me know and I can give you my standard dislosure list which will give you an idea of what to include.

 

Many thanks, Enron, I appreciate that. I'll PM you later.

 

Els

[elsinore]

Bundles filed and served today

.

I now know how quickly a fortnight can pass and how time-consuming and difficult it is to put bundles together! Particular thanks are due to Gizmo, Gary and Enron for their assistance.

 

I really do feel that it's abusive to be made to jump through hoops by arrogant and obstructive banks.

 

Citi's defence to my claim is contemptibly inadequate and I hope that I get an opportunity to tell them so in court.

 

Rant over.

 

Short holiday coming up, so b***s to the lot of 'em!

 

Els

[Enron]

They won't comply if the judge has requested any breakdown of figures from them to validate their pre-estimate figure of £12.88.

 

Needless to say you could possibly argue that they have something to hide.

[GaryH]

Needless to say you could possibly argue that they have something to hide.

:o Whatever makes you say that?!? Surely not....

[Enron]

It all boils down to their figure of £12.88.

 

Citi had an opportunity to prove their figures correct at the mercantile court, which would have been of benefit to themselves by quashing all penalty charge claims of this nature. Instead of doing this they settled, which would lead you to conclude they are not confident in their own figure being scrutinised.

[elsinore]

Official Order (see post 120) received from the court on Saturday 28th, two days after my bundle was due in! Good job the judge gave us a handwritten copy!

 

Els

[stan5131]

On holdiay tomorrow for a week Els, but will be tuning in when I get back.

[elsinore]

Hey, Stan, have a good week!

 

Hope I have some news by the time you return.

 

Els

[texel]

Hi you guys hope you don't mond me butting in at this time. I was in court this am. I originally filed a small claim in Nov. sent to CITI's Sunderland office. The case was not defended so I won by default. Sent Extract for payment Rec. Dely. to Sunderland ( this is where I sent my cc payments) Nothing happened So Handed the job to sheriff officers. Again no reply so now had sheriff officer hand papers to Dundee office. Now action started court recd. notice CITI Had never recd. original papers ( never mind receipts of rec.dely.) So new case came up. Again no one turned up at court so Judge told clerk to have CITI send in defense by today. Believe it or not I never received any defense ( I was meant to get a copy) So once again off to court. Before the action started the lawyer for CITI asked me if I received a copy of the defense when I told him he said he had not heard from CITI so had nothing himself. When the case came up the judge took quite a time reading all the paperwork then asked the lawyer for the defense after much discussion. The judge said he would continue the case where upon I said that CITI were known for wasting courts time etc. and as they had already lost previously this was going to take l;onger. The judge said he was sorry for all the time wasted and said to the lawyer the Mr. Travis had to appear next Friday on Perth sheriff court. On leaving the court room I talked to the lawyer a nice young nman and he said Citi would not be happy with the result. Any one else been that way and what was the result. Any ideas of what I should do or say.

[elsinore]

You're not butting in texel, I enjoy a good laugh on a Friday afternoon!

 

Well, citi aren't doing very well lately. JDAdams won by default and Citi had to pay the bailiffs.

 

I don't think you need to do anything but wait and see if Citi blow it again next Friday. If DT turns up I expect he'll get the hairdryer treatment from the judge!

 

Els

[elsinore]

On second thoughts, one thing you can be doing, is to work out how much all this messing about has cost you. When you finally win, you can ask the judge to award costs and order Citi to pay. There is an acceptable method for calculating costs which any reasonable judge would find hard to refuse.

 

Els

[elsinore]

Mackenzie Hall

30 The Foregate

Kilmarnock

KA11JH 4th May 2007

 

Dear Sirs

 

Reference XXXXXXX

 

I refer to your ‘Final Notice’ letter dated 28th April 2007.

 

I wrote to you on 12th August 2006 asking that you refrain from making any requests for payment, as the amount claimed was in dispute. Since that time you have sent me 4 letters, 3 red postcards and attempted to reach me by telephone on numerous occasions.

 

It is clear from your ‘Final Notice’ letter that you have not been kept informed by your principal, 1st Credit Ltd (not First Credit Limited as stated in your letter).

 

The sum of £542.52 which you are chasing, as an alleged debt owed to 1st Credit Ltd, is entirely spurious, as it consists of unlawful charges imposed by the original lender Citifinancial Europe plc. CitiFinancial have, so far, admitted the sum of £429.00 which was remitted to 1st Credit Ltd on or before 14th December 2006.

 

The remaining balance of £113.52 is the subject of a County Court claim issued by me against CitiFinancial on 21st November2006 and which I expect will shortly be concluded in my favour.

 

Consequently, I shall not be making any payments to you now, or at any time.

 

I respectfully suggest that you return the file to 1st Credit Ltd

 

Yours faithfully

 

Els

[elsinore]

Hearing at noon today.

Citi failed to attend.

Judgment awarded in my favour.

 

Judge Jackson very hacked off with banks' abuse. He had a bet with his court clerk that, of six cases scheduled for this morning, no banks would show up. He was right!

 

Els

[Jeff2000]

Hi Elsinore,

 

 

Congratulations!!!

 

 

Jeff.

[hondamad21]

Well Done !!! :grin:

 

hondamad

[texel]

Hi I am butting in again. I was also in court today Perth sheriff court in the final hearing against CITI. I spent hours making up new fihures as this case was originally filed in Nov. they lost then and when I sent the sheriff officers in they said they had never received the paperwork even though I had the rec.dely receipts they were allowed a new trial. Cutting the story short the hearing wasx today and I had received the defence papers so spent hours getting all the answers. I arrived at co8urt for 9.30. eventually my case was called where is the representative from CITI? nowhere to, be seen.So I had to wait until 11.30 to be told at 12.30 I had to return at 2 pm. At 2.30 the case was read out and as noone from CITI was present CITI lost by default. The only thing was that I had to accept the original figures which was £ 475 and I had reworked them along with later charges for 2007 and expenses for having to make four trips to court. Which meant I had to pay someone to look after the animals. It is not good to leave a farm with no one there because anything can happen!!! I now had the figures over £ 1000. The judge said I could not get expenses over £ 75.00 regardless of what it costs me. I do not like this judge!!! I told him that the previous judge had said that because of the way CITI had messed me around that he was going to change things and I would get better treated. The only thing it was not that judge to day and todays said he did not pay any attention to what other judges said!!!. So we are back to the sheriff officers again this time I am going to sue Dundee branch wher the Scottish sheriff officers have jurisdiction. I will have to start a new case for 2007 charges.

[Jeff2000]

Hi I am butting in again. I was also in court today Perth sheriff court in the final hearing against CITI. I spent hours making up new fihures as this case was originally filed in Nov. they lost then and when I sent the sheriff officers in they said they had never received the paperwork even though I had the rec.dely receipts they were allowed a new trial. Cutting the story short the hearing wasx today and I had received the defence papers so spent hours getting all the answers. I arrived at co8urt for 9.30. eventually my case was called where is the representative from CITI? nowhere to, be seen.So I had to wait until 11.30 to be told at 12.30 I had to return at 2 pm. At 2.30 the case was read out and as noone from CITI was present CITI lost by default. The only thing was that I had to accept the original figures which was £ 475 and I had reworked them along with later charges for 2007 and expenses for having to make four trips to court. Which meant I had to pay someone to look after the animals. It is not good to leave a farm with no one there because anything can happen!!! I now had the figures over £ 1000. The judge said I could not get expenses over £ 75.00 regardless of what it costs me. I do not like this judge!!! I told him that the previous judge had said that because of the way CITI had messed me around that he was going to change things and I would get better treated. The only thing it was not that judge to day and todays said he did not pay any attention to what other judges said!!!. So we are back to the sheriff officers again this time I am going to sue Dundee branch wher the Scottish sheriff officers have jurisdiction. I will have to start a new case for 2007 charges.

 

 

 

Still good news though!

[gizmo111]

Congratulations Els

[TideTurner]

Well done Els

[elsinore]

Thanks all.

 

My own role in this success was merely to turn up at the hearing.

 

The key to it all was being able to persuade the judge at the allocation hearing to adopt the Draft Order for Directions in its entirety. For that I am indebted to Bankfodder and Gizmo.

 

It was almost an anti-climax, because I had all my arguments ready to give Citi a run for their money....Ermm, that should, of course, be a run for MY money!

 

Els

[texel]

I know how annoying it is to do all the work getting everything ready and the opposition don't turn up b ut anyway congrats for winning:)

[mcuth]

Nice one - congratulations

 

Cheers

Michael

[Pen]

Well done You,

Another one bites the dust:D :D

I have just had to do a search to find out where you where but well worth it once I read the result The bank must have known who they were dealing with, So glad your on my side.

 

Pen

[Jeff2000]

Thanks all.

 

My own role in this success was merely to turn up at the hearing.

 

The key to it all was being able to persuade the judge at the allocation hearing to adopt the Draft Order for Directions in its entirety. For that I am indebted to Bankfodder and Gizmo.

 

It was almost an anti-climax, because I had all my arguments ready to give Citi a run for their money....Ermm, that should, of course, be a run for MY money!

 

Els

 

 

Hi,

 

 

Wasted costs order, perhaps?

 

 

Jeff.