Tinkerbelle vs Citi Cards - I WON!!!

[Tinkerbelle]

Well I received my first "Clear Off" Letter from Citi Cards. Reprinted below for your information

 

==================================

Dear xxx xxxxxx,

 

Re: xxxx xxxx xxxx xxxx

 

Thank you for taking the time to write to me about the charges that have been added to your Citi Card account in the last 4 years.

 

On Wednesday 5th April 2006 the Office of Fait Trading (OFT) issued a statement regarding the default charges levied on customers by credit card issuers for breaches of contract such as making a late payment or going overdrawn on their credit limit.

 

Within this statement the OFT has stated that it believes that those charges are too high and has recommended credit card companies review their position with a view to reducing their respective charges to a maximum of £12, unless there are exceptional reasons why a higher level should apply. Card issuers have been requested to review and respond to the OFT by 31 May 2006.

 

Although not a party to the OFT investigation that led to its report, Citi Cards is aware of the report and recommendations and, in accordance with OFT’s requirements is undertaking a review of our charges.

 

Notwithstanding the OFT’s statement, we continue to believe our charges are fair, transparent and lawful. They are clearly set in our published Terms & Conditions, to which you agreed to be bound, and we are not implementing any immediate changes to these. We do however reserve the right to amend this position once our review of both the report and the wider industry response has been concluded. We envisage that we will be able to conclude our reviews in line with the timeframe set out by the OFT.

 

We have noted your request and will advise customers once our intended position is known. Until that time our usual Terms & Conditions of business remain applicable.

 

Yours sincerely,

 

 

Mark Clibbens

Office of the Chief Executive

0800 146 188

===============================

 

I'm surprised a received a response from the Chief Executive's Office seeing as I sent the letter to

Citi Cards

CitiFinancial Europe plc

P.O. Box 49920

London

SE5 7ZF

 

Anyone else had any dealings with these people? Anyone actually received claims back?

 

I am assuming that this is a delaying tactic, and that they want me to waste more time and more money sending them a LBA

 

Ah well! Here goes!

[Tinkerbelle]

Hi,

 

I'm looking for some feedback in response to the letter above. I have ammended the letter from the library to read as follows. Is it ok?

============================================

Mark Clibbens

Office of the Chief Executive

Citi Cards

CitiFinancial Europe plc

P.O. Box 54

Salford

Manchester

M5 3BP

 

LETTER BEFORE ACTION

 

Dear Mr Clibbens,

 

CARD/ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Thank you for your letter dated 14th April 2006, a copy of which is attached. I am disappointed to see that you have chosen to decline my request for the repayment of unlawful charges applied to my Credit Card account.

 

I would once again like to draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £375.00 on which you have charged additional interest. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

I require repayment in full of this money and removal of the default notice. Mere correction or amendment to the entry will not be acceptable. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully,

[Guest Lueeze]

Seems fine to me...

 

Someone with better knowledge will confirm im sure!

 

Good Luck

xx

[Tinkerbelle]

Thanks! Hope someone does reply!

[Neo]

To be honest any letter, which doesn;t give a full refund... means next step Quicker they reply, they quicker they fall

[monkey_uk]

Your letter looks fine, but I'd also mention the bit about you being shocked that they have acted in this was as they were trusted as your fucidiary etc etc. Get this bit from the LBA in the library section.

 

Also, if it were me, I would (and indeed HAVE) wait until the 14 day deadline that you set them in your prelim letter has passed before sending the LBA.

 

Good luck.

[Tinkerbelle]

Hi,

 

I'd mentioned all that in my first prelim letter. Do I need to mention all that again?

 

Their 14 day deadline ends on the 24th which I when I intend to write them back.

[monkey_uk]

Totally up to you whether tp include it or not. Why not though? You might as well really!

[sunseeker]

Hi xxdidiexx,

 

Received exactly the same letter as you first posted. Just go for the jugular. That's what I'm doing though have just had to pay £95 to prevent going to default with Citi Cards tomorrow after submitting 14 DBA.

 

Give em as much grief as you can as said by above posts. Do the 14 day before action, as harsh as you want, then hit em. I'm going to submit court papers on Friday so will keep you up to date as to how they react

 

sunseeker

[Tinkerbelle]

Thanks for that! As far as I am aware the account is still "active" even though they have not sent me a new card when the other one expired in March last year. I'm not over the limit as I have been making payments regularly every month. I still have access to the online account and they still send me regualar statements. Account limit £1200. Account Balance £800. Available to spend £NILL...

 

I do recall receiving a letter from them saying that they would not be sending me a new card "at this time" whatever that meant! Anyway, we'll see what happens! Can't be arsed with them to be honest.

 

Just want my charges back !!!

[monkey_uk]

It sounds to me like they've put a stop on you being able to use money from the account.

[Tinkerbelle]

LBA sent 24/04/06.....

 

You know the worst thing about this whole process is having to queue up at the post office for close to an hour just to send a recorded delivery letter. Local PO (right next door!!) was closed down a few years back...

 

Thanks Mr Blair!

[lois]

omigod, don't even get me started on the whole queuing thing ... it takes forever doesn't it?! Luckily, my local post office opens at 8.30am so I end up running in there before i have to start work at 9.30am,

 

i cannot believe they have said they won't give you a new card at this time?! whats that all about? let me know how you get on with them,

 

all the best, xx

[Tinkerbelle]

haha..I know!!! It's been nearly a year now! Anyway they can keep their poxy Credit Card. I have a nice Sky Card with 0% until Feb next year :grin: issued by Barlaycard who I am suing

 

And as for the Post Office, you would think that there is only one wretched Post Office in the whole of Surrey! It's a huge Post Office and the queue is always at the door.... I just have to leave work early now and dash to my 2nd local which is hardly ever busy (if you time it right )

[Tinkerbelle]

Received a call this morning that woke me out of my drunken slumber.

 

In a nutshell was told by a VERY nervous sounding chap that

 

1. Our charges are not unlawful

2. We have until the 31st May to respond to the OFT.

3. After the 31st May depending on outcome with the OFT we may or may not "do something or other" with regards to fees

4. Suggest you do nothing until after the 31st May.

5. Are you aware that if you won at court we will NOT pay your costs (I told them they would as it's a small claims court)

6. Said they would not be responsible for paying Solicitors costs in taking them to court (think he was fishing to find out if I had a "Brief")

7. Said if I intend to take it to court I have to send them official documentation signed by a Solicitor marked "Letter Before Action"

8. Told then they already had a LBA signed by me.

9. Said it had to be from a Solicitor

10. Told him I was getting off the phone as he was waffling and that my letter still stood and that they had 14 days from the date on the letter to cough up.

[lois]

since when does a letter before action have to be signed by a solicitor? what utter horse**** ... pardon the language! My god, they really have NO idea do they? I do feel for that poor guy though, maybe he's like one of the poor little people that have to just tell you what his boss says ..!

 

as for waiting until 31 May 2006 - whats that got to do with anything?!!

 

IDIOTS ... tinkerbelle, I'm hating Citibank almost as much as Abbey at the moment and thats saying something !!!

 

You go get them ... will keep an eye on your thread to see whats happening with citibank

 

xx

 

P.S. Citicards are going to love me then, I didn't send the prelim request for refund but instead accidentally sent the LBA - not that I imagine this makes any difference at all. I'm sticking to my timetable so they've got till the 2nd May to get back to me with a response ... not that I have had ANY response as yet from them, perhaps they're ignoring me in the hope that I might just 'disappear' .... which of course would be the WRONG assumption for them to make ..!!

[Bookworm]

1. Our charges are not unlawful - Yes, they are

2. We have until the 31st May to respond to the OFT. - Yeah, and?

3. After the 31st May depending on outcome with the OFT we may or may not "do something or other" with regards to fees - Wanna bet?

4. Suggest you do nothing until after the 31st May. - In your dreams, buster.

5. Are you aware that if you won at court we will NOT pay your costs (I told them they would as it's a small claims court) - Oh yes, you will.

6. Said they would not be responsible for paying Solicitors costs in taking them to court (think he was fishing to find out if I had a "Brief") - Well, that IS true. Why would you want solicitor though?

7. Said if I intend to take it to court I have to send them official documentation signed by a Solicitor marked "Letter Before Action" - Yeah, right. Nice try.

8. Told then they already had a LBA signed by me.

9. Said it had to be from a Solicitor - Oh dear, oh dear.

10. Told him I was getting off the phone as he was waffling and that my letter still stood and that they had 14 days from the date on the letter to cough up.

 

You could almost feel sorry for them, couldn't you? ... Almost...

[Tinkerbelle]

since when does a letter before action have to be signed by a solicitor? what utter horse**** ... pardon the language! My god, they really have NO idea do they? I do feel for that poor guy though, maybe he's like one of the poor little monkeys that have to just tell you what his organ-grinder says ..!

 

as for waiting until 31 May 2006 - whats that got to do with anything?!!

 

IDIOTS ... tinkerbelle, I'm hating Citibank almost as much as Abbey at the moment and thats saying something !!!

 

You go get them ... will keep an eye on your thread to see whats happening with citibank

 

I know...I have no idea what planet they are on.

 

At least he didn't go on and on about their wretched Terms and poxy conditions. Instead he decided to focus on their "fact" that the charges were lawful and that their legal dept says that if I want to sue I need a brief. I think I unnerved him, as I didn't really say much..I just listened to him falling over his script.

 

Don't know what their problem is. It's not as if I'm going to go off on some shopping spree! When they payout it's going to go straight onto clearing some of the balance! Some people eh!

[Tinkerbelle]

You could almost feel sorry for them, couldn't you? ... Almost...

 

Yeah....almost. I was waiting for them to at least make an offer! Nothing! Nothing whatsoever. Ah well! They had their chance!

[Mrgreengenes]

Hi Tinkerbelle, keep up the pressure.

 

I have one small point to make. Whenever I have written to any of these companies, I never put my phone number on the letter so, unless they already have my number, they can't call me. If they do, I can easily block them. Don't forget that they may be recording what you say and may use it as evidence against you, if they ever go to court that is.

 

Don't let the fatherless chillen get ya!

[Tinkerbelle]

I don't put my number on any of these letters, and it doesn't stop them from getting your number by any other means either. I have received calls from Companies trying to flog me stuff who I know for a fact I did not give either of my number to and my home number is also ex-directory!

 

When this chap called I didn't say much to him on the phone either as it did cross my mind that the call could be recorded even though he didn't say it was.

[Tinkerbelle]

Moneyclaim filed 9:30am this morning

 

 

Claim No: 6QZ30810

Date Filed: 13/05/06

Amount: £423.60 + £50.00 court costs

 

PM Sent to BF

[Axleuk]

Don't forget that they may be recording what you say and may use it as evidence against you, if they ever go to court that is.

 

No company is allowed to record a conversation unless they have specifically gotten permission to do so before hand. Thats why some companies have messages stating that " calls may be recorded for training purposes only" in which case (if they called you first) they cannot record the conversation. If they state before they speak to you that the conversation maybe recorded, just hang up.

[Tinkerbelle]

Moneyclaim now showing as issued

[lois]

Hiya Tinkerbelle

 

How you going?

 

Have issued my claim this morning against citi cards and have posted an update on my thread if you want to read the latest!

 

keep me posted on how you go with these guys,

 

lois xx