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Have I screwed up.


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Well, I thought i was doing so well. I took it right up the the final stage, filed my claim and it was registered with the County Court. I have until the 13th Dec to complete and return the allocation questionnaire.

 

Citibank have filed a defence. The main points being (shortened by me)

 

4. They deny the charges levied are unenforceable by common law. They were levied under a liqudated damages clause.

 

6. They levied default fees as per the Terms and Conditions.

 

7. The claim is based on the OFT statement on unfair fees. This only applies to credit cards and not bank charges.

 

However I truly screwed up (I still have to understand how) in that they claim I 'voluntarily breached the Agreement no fewer than 54 times' whereas I calculated it at 26 times. My claim was for 580.00 ukp but they calulate the default fees at 1130 ukp

 

They assert that by me only claiming for half the amount that was the total for the default fees I am basing my claim entirely on the OFT statement (presumably where they demanded that charges be halved for credit card companies).

 

So. It is still possible to modify my claim to include all the debits, upto 1130 ukp or have I screwed myself. Do I admit that I made a mistake totalling up all the charges or should I put in a second claim for the remainder?

 

 

Advice please.

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My absolutely stupid mistake was that when I printed out all the scanned in bank statements for some reason it only printed the first page of each statement! Hence I missed half the charges.

 

I could kick myself!

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I would send them a letter with a new list of fees to be reclaimed, and amend the court claim. Chances are they wont go to court anyway. Just be firm with them and dont let them railroad you. It should be fine. IMO

[sIGPIC][/sIGPIC]

 

NatWest £4940 with contract interest prelim sent 13/11/06

Recieved first bogoff letter 18/11/06

HSBC £320 with contract interest, prelim sent 12/11/06

 

Natwest Visa £825 with contract interest, prelim sent 15/11/06

 

Barclaycard S.A.R - (Subject Access Request) 7/11/06

 

MBNA S.A.R - (Subject Access Request) 7/11/06

 

Shell Visa S.A.R - (Subject Access Request) 15/11/06

 

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I made my claim on-line and there does not appear to be a way of amending the amount claimed.

 

Is it possible (desirable) to put in the new amount in the 'further information' section of the Allocation Questionnaire? I note that the court does not require me to attach all relevent information at this point (for example the breakdown of the charges) although I can provide that later.

 

Also, if I send a further breakdown of the additional charges to Citibank will this be deemed by the court to be further negotiations and hence cause a delay in the proceedings?

 

I feel sick to the stomach tonight having discovered my mistake.

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To amend the claim amount you need to file an N244 with the court and pay £35 which unfortuneately is not reclaimable.

 

They assert that by me only claiming for half the amount that was the total for the default fees I am basing my claim entirely on the OFT statement (presumably where they demanded that charges be halved for credit card companies).

 

Citi don't understand the OFT statement anyway!

 

I assume that you have sent a schedule of charges to Citi itemising each charge and therfore it will be clear that you are claiming 100% of those charges and have just not included some.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Well, Citibank sent me another letter today 'Without prejudice Save as to costs' to settle the 'whole of [my] claim'.

 

So, I could either just accept the amount they offer (800 ukp) or up the anti and re-submit my claim for the full amount and see what they do next.

 

I think I will send another breakdown of the costs, this time including *all* of the charges to the court, copied to Citibank and see what happens.

 

I feel a little better today :)

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  • 4 months later...

Well finally I got through all the bull s**t and got a result. Would rather not say what the result was here due to 'confidentiality' but I am sure you can read between the lines!

 

Thanks to everyone who helped and gave advice...

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