Citi's Threat

[adamski]

Honda

What happened to your case?

adamski

[hondamad21]

Hi adamski,

 

The return date was 3/10/2006. Citi failed to respond.

They are given a further 14 days to respond after the return date. Checked last week with Edinburgh Sheriff Court and they said that the 14 days have passed and they will send out the judgment in my favour on the 25/10 (today).

HOWEVER from what I was told even thought I get the paperwork to chase citi up for payment they still have another 14 days from the 25/10 to respond to the case!!! :x:x

 

Anyway, hopefully will receive the papers from ESC tomorrow will send them to the nice Mr B Smith and see what happens.

 

Any one else had any luck????

[adamski]

Check out the citicards forum they are one of the worst.

http://www.consumeractiongroup.co.uk/forum/citicards/

[Robertxc]

Hi adamski,

 

The return date was 3/10/2006. Citi failed to respond.

They are given a further 14 days to respond after the return date. Checked last week with Edinburgh Sheriff Court and they said that the 14 days have passed and they will send out the judgment in my favour on the 25/10 (today).

HOWEVER from what I was told even thought I get the paperwork to chase citi up for payment they still have another 14 days from the 25/10 to respond to the case!!! :x:x

 

Anyway, hopefully will receive the papers from ESC tomorrow will send them to the nice Mr B Smith and see what happens.

 

Any one else had any luck????

Did you fill in a 'minute for decree'?

[hondamad21]

Hi Robertxc,

 

yes I had to fill that in the after the return date of 03/10/2006.

 

Hondamad21

[hondamad21]

To Mr Brian Smith, Don't be so nosy and stop reading my thread !!!!!!!!!!!!! :o:x:o

 

 

 

Hello everyone else,

 

Ohhh, if you don't get the line at the top, I yesterday got a letter that confirms that Mr Smith monitors the CAG!!!!!!!

 

Dear Sir,

 

Thank you for your letter . . .

 

As you know from the Bank Action Group website, my client Citifinancial Europe plc, defends all cases brought against it. It therefore would have defended yours has it received the summons. The reason no defence was filed in this case was because I did not receive a copy of your original summons to which the above relates although I recall you mentioning that you had issued one in your last letter.

 

I would, of course, normally issue an application to set the judgement aside in these circumstances. However, I note that you have obtained judgment against Citibank International plc, a company I do not have instructions to represent or accept claims on behalf of and with whom, as far as I can ascertain, you did not have a credit card agreement, the contract for the same having been assigned several years ago to Citifinancial Europe plc, my client

 

You must have been aware of this as you have previously written to me at my clients company address on two occasions and have received statements and notices of variation etc over the lifetime of the agreement from that company, not from Citibank. . . I therefore believe you have inadvertently sued the wrong party. As such you cannot enforce the present judgment.

 

Please try to accept that in pointing this out my client is not attempting some subterfuge or legal trickery. You have sued a completely different legal entity to that with which you had a contract. I shall write to my colleagues in Citibank and to the Court informing them of the error.

 

Yours "faithfully"

 

Brian Smith

 

I have spoken to a few people in regards to this, the feed back is positive and I shall be putting the advise in to action over the next few days.

However I do not wish to write it down here, as that with warn Mr Smith of what I am about to do.

 

If anyone has any advise at all please PM me.

 

Thanks for everyone’s help in advance,

 

hondamad

[BankFodder]

We know that Smith monitors this site. So do many of the ohers. It really isn't a problem. You shouldn't let it worry you.

We are above board. We occupy the moral high ground and unlike Citi we are happy to be truly transparent.

 

You seem to have sued he wrong defendant. If that is correct thn you have to inform the court, get the judgment withdrawn as it would be an abuse to let it lie.

 

You will have to begin again.

 

It s not the first time that this kind of error has happened. Many other kinds of errors are also being made.

 

On one hand it is a function of being a lay litigant in person who is doing his best to negotiate a complicated ystem.

 

On the other hand is normally a function of a lack of preparation.

 

It is unfortunate as it looks scrappy and gives a little boost to the likes of Citi and Smithy.

 

Wite to the court and to the defendants you sued with a polite and sincere apology.

You will have to write off the expenses you incurred.

Begin again and serve it on Smith directly. He will read this so he will expect it and that will be helpful. When you get the AQ don't forget to put in a pre-emptive objection to any transfer to Salford or to secret evidence taken in private.

 

In fact I would recommend to people that they start asking for transfer to the Mercantile court to join the other test cases.

This will ensure standard disclosure. Smithy won't be very keen on that.