Tracey284 V Citicards

[gizmo111]

Which is exactly what the EX50 says - is your claim under or over £1500?

[Guest Tracey284]

Okay, I believe that I don't send the £100 and explain that the claim is under £1,500.

[gizmo111]

Okay, I believe that I don't send the £100 and explain that the claim is under £1,500.

 

 

You don't nned to send any covering letters with it - the letter have sent you is a standard one.

[Guest Tracey284]

Well, I am now really confused and hope someone can help.

 

Filed MCOL for £710 plus interest £161.76 and costs £80 on 02/11/06 and they have sent in a defence which I received from the Court dated 24/11/2006. I have sent my AQ back.

 

Today I received a statement and there is an item on it for a credit of £326 noted as a "late fee reversal". I have had no correspondence or notification of this.

 

Help!!!!!

[Matheos95]

Well, I am now really confused and hope someone can help.

 

Filed MCOL for £710 plus interest £161.76 and costs £80 on 02/11/06 and they have sent in a defence which I received from the Court dated 24/11/2006. I have sent my AQ back.

 

Today I received a statement and there is an item on it for a credit of £326 noted as a "late fee reversal". I have had no correspondence or notification of this.

 

Help!!!!!

 

Hi

 

I had similar happen to me if you have had your defence from Citi read it carefully - on mine they state that they acknowledge the OFT report blah blah and then credit you back the difference between the £12 and the actual cost of the charge. They then just apply it to your account without any notification.

 

Hope this helps

[Guest Tracey284]

Thanks for the reply and yes, you are correct, they stated in point 9 of their defence (see earlier thread) that they have given an ex gratia payment. They didn't do this until after the MCOL was filed and certainly never advised me in writing. In only showed on this month's statement! What happens now with regard to the MCOL?

[Matheos95]

As far as I am aware nothing - I certainly have done nothing, you didnt agree to the amount as full and final settlement so as far as your case is concerned nothing changes.

 

I could be wrong but thats the way I see it unless anyone see's differently

[Guest Tracey284]

Thank you - where are you with your case?

[rich2568]

Just continue with your claim as MCOL.

 

The judge will decide!! Poor Citi!!

[gizmo111]

There is letter on here written by zootscoot asking them to clarify what this payment is and if they paid it in full and final then asking them to remove it.

[Matheos95]

Thank you - where are you with your case?

 

Im in court 14th Feb

[Guest Tracey284]

Hi all and I am back from a glorious Christmas break and ready (just about) to continue where I left off.

 

I returned to find the Notice of Allocation to the Small Claims Track (Hearings) awaiting. Unfortunately they have given a date that I will be out of the country and have written to ask if it can be changed.

 

The order states the following and I be pleased for some guidance:

 

The following directions apply to this claim:

 

1. Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

 

2. The copies shall be delivered by 4pm on Wednesday, 31st January 2007, and the original documents shall be brought to the hearing.

 

3. The defendant's documents do include a full statement of the claimant's account identifying all charges and interest levied in respect of purported late payments and returned payments or other defaults, specifying the nature of each such charge.

 

4. The defendant do clarify its case by delivering to the court office and to each other party by 4pm on 14th February 2007 a statement of the following: if the charges are found to be enforceable only insofar as they are a genuine pre-estimate of the defendant's losses, the amount of those losses and the basis on which they are calculated.

 

5. The claimant do clarify his case by delivery to the court office and to each other party by 4pm on 14th March 2007 a statement in reply:

 

6. Any party who wishes to rely on a reported or unreported case do deliver a copy to the other party not less than fourteen days before the hearing, and do provide a copy for the court at the hearing.

 

Please can I have some guidance. In (1) which documents do I have to deliver by 31st January 2007? Presumably the reply in point (5) is in relation to the points raised in (4) once I have receive this?

HELP - this is where it seems to get really complicated or is it just because I am a novice?!!!!

Has anyone been to Court with Citi and what happened?

 

Thanks in advance.

[elsinore]

Relax Tracey, this is really good news! Your judge is wise to the situation and Citi should be squirming.

 

You have plenty of time in front of you to comply with the judges directions.

 

Both you and Citi have to submit your bundles to the Court and to each other by 31st January.

Then Citi have to try and justify their charges by 14th February.

You then have a month to respond.(assuming the case is still on!).

What date was set for the hearing?

 

Elsinore

[gizmo111]

Elsinore is absolutely correct in what he says - I have been working on a bundle for Citi claimants with someone else and will let you have it when we have the final bits in a couple of days.

This is geat news - Citi to justify costs and why they are relying on cases subject to appeal.

 

Which court is this Tracey and when is the hearing set for.

[Enron]

Yep, was there in person while Gizmo was compiling the bundle... as long as you are thorough and prepare well you should have no problems.

 

In fact i'd go as far to say that Citi have alot to fear in it's contents without going into detail.

 

A bundle will include your statements, schedule of charges, case law, correspondence between yourself and Citi, response to their defence, and any supplementary documents you wish to rely on in court.

 

One copy goes to the court, one goes to Citi and you have to retain one for yourself.

 

If you need any further help or advice either Gizmo or myself can lend a hand.

[Guest Tracey284]

Hi Guys and thanks for the feedback it is really helpful. The case is due to be heard at Willesden County Court on 29 March but I have sent a recorded delivery letter today asking that it be changed.

 

The ex gratia payment that Citi said they offered in point 9 of their defence had not happened, but can you believe it, an amount appeared credited to my account, AFTER I issued proceedings. I am not going to withdraw now as I want the rest of the charges and my court fees back.

 

The items that I am intending to send are copies of the various letters sent asking for statements, asking for refund, LBA and the schedule of charges. Is there anything else that I should be sending in the package?

[Enron]

Get all your stuff together, if you get yourself 3 lever arch folders to enclose the copies of your bundles.

 

You`ll need copies of all your correspondence (Citi's letter to you/and if you kept copies of yours include these), statements, schedule of charges you are claiming, MCOL document (if you filed your claim online) or copies of your initial court paperwork for filing the claim.

 

The remainder, supplementary documents you`ll have to ask Gizmo for (I wont list here for the benefit of Brian), and response to their defence which we`ll help you out with.

 

Might seem a little daunting but if your put it together logical, using seperaters in all 3 folders for your sections it's not too difficult. One section will be statements, another schedule of unlawful charges being claiming, another correspondence, another supplementary documents and so forth.

 

The Standard Disclosure sheet (which will go at the very front) in the folder is a list of all the documents enclosed, you will have to number each page - with the front standard disclosure sheet acting as an index so the judge can quickly turn and identify any pages.

 

The ex-gratia payment. Citi as a rule credit your account automatically if it is still open. I am surprised they don't inform people, in my own case I requested a letter confirming the payment.

 

If you have not done so already you should write to the court in advance of sending your bundle in informing them that the defendant has made a partial repayment of your claim stating the amount. The court will take this amount into account when your case goes in front of the judge.

[Guest Tracey284]

Here's the latest - the direction from the Court was that all parties had to have the package by 4pm on 31st January. Guess what? I didn't receive anything from Citi. What should I do? Shall I inform the Court? I am so cross as it cost me a fortune sending my package special delivery to each of the parties and they haven't followed the directions?

[Enron]

I've PM`d you a line of action to take.

[hondamad21]

Good luck tracy !!!

[timeport4]

exactually same response here but to my prelim letter not LBA ? is this case in northern ireland relevant????

proceed as normal against Citi??

 

Thanks any suggestions welcome

[Enron]

Yes, continue with your claim as normal.... there are lots of people here to help you.

 

Their letter is the standard response that everyone receives when making an approach for repayment.

 

So far the case of LTWFB is the only minor victory for Citi, and that is under appeal. In addition the law in N.Ireland is different to that here, and as such you could question whether this example they quote in all their letters is flawed.

 

PS, TRACEY YOUR PM BOX IS FULL EMPTY IT SO I CAN GET IN TOUCH.

[Guest Tracey284]

Message box cleared!!!

[timeport4]

Thanks Enron LBA sorted send Friday.

 

P.S. Lba letter needed adaptin as it assumes that no response from prelim letter was receieved .

[Guest Tracey284]

Hi all you helpers out there and boy do I need help!!!! Citi didn't follow directions by judge to deliver documents to me by 4pm on 31st Jan 2007 neither did they justify their defence by 14th Feb 2007. The bundle of papers arrived from them today, 15th May. They have said the hearing is 25th May (although I believe it to be 29th May).

 

I have been sent a whole load of legal jargon that I really don't understand - their skeleton argument being 13 pages long, a witness statement from John Alan Jones, OFT statement April 2006, Citifinancial Default Fee Cost Justification, Dunlp Pneumatic Tyure Company Ltd -v- New Garage and Motor Company Ltd, Philips Hong Kong Ltd -v- The Attorney General of Hong Kong, Jobson -v- Johnson.

 

Where now? HELP!!!!!!!!!