Citi - old penalty charges

[Worstutility]

Hi All,

 

I just wanted to start a thread here for confirmation really.

 

I SAR'd Citi because I wanted to know if I had paid PPI on an old credit card. I was lucky enough to receive all of my statements from them but sadly no PPI. I did however have a good look through them and found that they had charged me £355.00 in late payment charges and overlimit fees all of them £20.00 each apart from 3 of them which were £25.00.

 

I decided to ask for them back and used the spreadsheet on here - sent them a letter and spreadsheet but because the default charges were added more than 6 years ago, it is not their policy to refund charges.

 

I then sent them this letter borrowed from Shelley's thread:

 

 

"Following media reports, and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand that the regime of fees which you applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith.

 

It is my contention that you failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken XXX plus XXX which you have charged me in interest which totals XXX. Additionally, you entered a default notice against my credit record. This default was the result of impecuniosity caused directly by the taking of penalty charges by you which you had applied to my account.

 

In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

 

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

 

I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively, and in the absence of this, I will put you on notice with a further 14 days “letter before action”.

 

I trust this clarifies my position."

 

I take it the next step is to go to court as I have not heard anything from them regarding this letter and the 14 days have now expired.

 

Any help would be appreciated.

 

Many thanks,

Worstutility

[freakyleaky]

Have you sent your LBA?

 

You have stated in your letter that should they not pay then you within 14 days then you "will put you on notice with a further 14 days “letter before action”. "

[Worstutility]

Hi there!

 

Sorry I should have stated that I followed this up with an LBA....my apologies.

 

I take it I now register this with the court clearing place in Salford and then wait to see how they respond?

Worstutility

[ims21]

I take it I now register this with the court clearing place in Salford and then wait to see how they respond?

 

Yes and with an updated spreadsheet. Also be prepared to actually have to go to court and argue your case.

 

As you are going back further than six years, you will need to be aware of the case law of Kleinwort Benson v Lincoln City Council (which is to do with S32(1)© Limitations Act and if you are going for interest in restitution you will need to be aware of Sempra Metals v Commissioners of Inland Revenue

 

ims

[Worstutility]

Thank you ims - I really appreciate it.

 

I'll get going with it now along with some bedtime reading of the case law.

 

Will keep you all updated.