CG vs Citi Cards

[marcopolo]

I had an account with the Associates credit card which is now part of Citi Group UK. There a number of charges for cash advance handline some as much as £52 can I claim these back as they are not interest and surrely it does not cost them this much to process cash. On example is a fee of £17.50 for an advance of £250 and they still charged me interest on this.

 

Please help

 

Thanks

[zootscoot]

You can only claim if the charges relate to a breach by you of their terms and conditions. Otherwise the charge is simply a charge for services provided for which they can set their own fee.

[marcopolo]

The 14 days of the LBA for Citi Cards expired today. I called and spoke to the person who was dealing with my claim and was given the usual speel about charges being fair but that they would refund the difference between charge and £12.

 

I have also asked for a number of charges titled "Cash Advance Handing Fees" to be refunded or at least explained as there appears to be no corrolation between cash taken and charges.

 

I was told these would not be considered and that there was no appeal and the next step was court.

 

Sorry question - if I include the above Cash Advance Handling fees what do I put on my particulars and will that jeapordise all of my claim or just some of it as I am assuming they won't take me as far as court for £900.

 

PLease any help appereciated as I want to claim for all but do not want to have my whole claim struck out for a mistake

 

Thank you

[lickthewallfatboy]

you can't claim for cash advance handling fees.This is a service,an expensive one,but a service nonetheless.Just ignore the guff about the £12-accept any such refund as part payment and go after the rest.

[marcopolo]

Whilst I accept it is a service if they cannot identify the % or the transactions which it relates to can I not try and claim it back. Also if I include it as part of my claim throught the courts for penalty charges is that likely to get my whole claim thrown out?

[lickthewallfatboy]

there are a couple of threads relating to this-I think that if you include it in your claim you have every chance of getting it thrown out.

[marcopolo]

Do you know which threads so that I can check, I am keen to make a stand but not if it is clear that I am on a hiding to nothing and will lose more if I do.

[marcopolo]

Received letter from Brian Smith, Solicitor, pp signature and funnily enough on CIti headed paper say in read OFT again will defend, transfer to Salford blah blah blah. Well I have now issued MCOL claim for all charges so we will see. Having read other threads think they will try and defend so this one could take a while.

 

Has anyone been successful with court action against Citi?

[adamski]

Yes people have won, but they use intimidation, delaying tactics, cloaking you name it.

i am at the LBA stage my account is actually £25 in credit, they owe me £775 in unlawful charges, i am very confident.

Do a search on citicard in this forum to see how these numptys work.

Regards

adamski

[jonni2bad]

3 threads merged - Please stick to this thread for further updates on your claim

[marcopolo]

I have issued summons to these guys via MCOL and received notification that they intend to defend in full from a David Travis solicitor, this was after the obnoxious letter from Brian Smith so we will see how it goes, prepared for the long haul.

[jonni2bad]

You'll be fine, keep reading as much as you can from the site from people in a similar situation.

[marcopolo]

Have today received Citi's defence, seem pretty much standard. In point 4 they require me to prove my reference to common law and the 1999 UTCCR with specific case law, which is not too difficult. It is an interesting defence with some glaring legal flaws and fails to acurately answer some of the particulars of claim (are you reading this Mr Travis). Well be interested to see if they make a section 36 offer before the day in court. Has anyone had Citi pay up once court allocation has happened not just write off balance? Can you advise whether I should respond to this directly or just wait until I recieve my AQ?? Interstingly they are attempting to bar the charges made in 1999 based on the 1980 limitation act but I will argue section 32 with the Judge. Well we will see. Any advice gratefully accepted

[jonni2bad]

If you wanted to reply to their defence, you would really need to do so in a letter to the Districy Judge. The AQ is not meant for that (to the best of my knowledge).

 

If they don't settle soon after the AQ, then I would be tempted at that point to respond to it.

[rich2568]

Im getting ready for a court date with Citicards.

 

Does anyone fancy supporting me??

 

Any mods let me know what I need to do now to prepare??

[marcopolo]

AQ completed and returned, case transfered to my local court which is Central London so that is even further for them to travel, however I have Dave Travis and he may fancy some time out in London well we will see.

 

Can any of the Mods tell me if I should also send a copy of the AQ to Citi as well??

[jonni2bad]

It is considered good manners and generally speaking we would advise you to.

[marcopolo]

Thank you for this will put a copy in the post

[marcopolo]

Hello everyone, have not posted for ages as nothing has happenned. I do not want to say to much as I am sure prying eyes are watching, but my case has now been transferred to the Mercantile Court, Royal Courts of Justice. This will be very interesting. A number of cases were due to be heard on the 18th and they have all settled I believe so mine will be part of what I suspect will be a new batch if it is not heard on it's own. Mr Travis if you are reading please can you answer my letter requesting the allocation questionnaire and I look for ward to your response to this development.

[caro]

Very interesting. Do you have a date yet?

[marcopolo]

No date yet, the judgement was dated the 19th of October and states "the matter to be transferred to the Mercantile Court, Royal Courts of Justice, to be referred to His Honour Judge Mackie QC". I have PM's Bankfodder for advice as what I should do and prepare next.

[caro]

BF may not be around much for the next couple of days, but I am sure he will be very interested and will get back to you in good time. In the meantime, you might care to take a look at the court bundle in the bank templates library. I think that should be a good start. If you get as much preparation done as possible as soon as you can, you will be confident as the date approaches that you are ready to take them on in court, if it comes to it.

[marcopolo]

Thank you for this, I have already started my research. One of the items in the rules covering the Mercantile Court is the requirement for the claimaint to request a case management meeting within 14 days, should I be doing this or wait for Citi to

[zootscoot]

If you are the claimant it is up to you to do this.

 

Case management hearings are nothing to worry about. It is simply going through the preliminary issues which need to be sorted before the case proceeds to trial and will make it easier for you to focus on what issues are in contention.

 

All the best

 

Zoot

[caro]

You are the claimant so it seems it is down to you. I don't have experience of this so if anyone wants to correct me feel free to jump in.