New Tricks From Citi?

[elizabeth1]

Last week I sent SAR to CITI asking for data on two old credit cards that had been defaulted. (PROVIDIAN and People Bank)

 

TODAY - surprise surprise I got a "court claim" from them!!!! claiming the two balances on the cards in full.

 

they are using a solicitor called

 

HODSONS

GLEBE HOUSE

2 CLIFTON ROAD

RUGBY

WARWICKSHIRE

CV21 3PX

 

 

Is there a MOD who can PM me please??

 

 

Has anyone else had this type of response??

 

Just thought I'd warn others that this may be a new trick from this bunch

[gizmo111]

Providan are not part of Citi they weretaken over by Barclays - so waiting for info from Citi on this will be no help to you at all on this.

It seems that Peoples bank is part of Citibank not citicards - so again a different address for your info.

[elizabeth1]

Gizmo thanks for that - it was Link DCA's who had been recent DCA's with both those cards - we'd not heard in a while off them.

 

I somehow thought it was cause I'd sent the SAR's last week for both those cards.

 

I shall defend part of claim as a huge chunk is interest that they've been adding to cards since they were defaulted in 2002 - amazing how these cards limits have doubled and tripled over time? Both had insurance which when redunancy took place they would allow insurance to cover etc..gave us usual fob offs.

 

What do I write with my defence for this?? - I have been looking around to try find something similar. I am worried that the SAR info won't arrive prior to this case etc. and I won't have proper figures to quote etc.. it will be guesswork without that.

 

Do I need to ask for credit agreement with this ?? Link or their solicitors may not have this cause agreement was with card companies - so all the info is with them?

 

I am just wondering how I get round this stuff now!!

 

Thanks for your help - it is appreciated.

[gizmo111]

Did you receive actual papers or threat of court claim?

[elizabeth1]

Gizmo - No we didn't get any warning from them just the court claim. But I have been reading over on the DCA Kings Hill/Cabot threads tonight and seems we were not the only ones who got a court claim from these people - seems a new tack of theirs - several others have had the same thing - with same "particulars of claim" written saying Cabot do the admin etc.. (see Ivorbiggun's thread) seems they are trying to beat a few of us to post?

They are also trying for charges on properties too - do they not need to go to court for this?

 

I need to see what to file in our defence with this - as I won't know what the actual charges are on these card accounts. I realsie they won't send me the SAR stuff to help my defence (not in their interests to do this is it?) - should I write to Link for signed credit agreements for the two cards with £1 - they should have that?

 

Another thing that concerns me - these cards were defaulted in 2002 and Link reports monthly to credit agencies (it's on our experian reports) can they still add charges to cards already defaulted and if so shouldn't they be sending us statements showing exactly what the charges are made up of? cause we don't know whether this is punitive charges, interest, their own fees etc.. - they have never told us what these charges are and the cards seems to go up every month still - where is the point that they have to stop adding to a defaulted debt?

 

I will write to Kings Hill asking for a copy of credit agreement and what the charges are but need some help to word it - as I am sure they'll ignore me!!

 

The DCA threads are full of pranks off this company - I am concerned about the threads where they say this company is after charges on houses etc.. can they do this?

any advice will be gratefully accepted - the insurance should have covered hubby's redundancy back in 2002 - and now these people terrorise us - wish I knew how to stop them!!

[e28bigalbexley]

HI Lizy

I think while your waiting for them to satisfy your DSAR (i take it your sending S.A.R - (Subject Access Request) made them reply with these court claims) I think i would go to the court monday morning and explain the situation to one of the court staff they may be able to point you in the right direction as to get the case delayed (although with all the claims against banks going on i would'nt have thought it wpould be this side of spring)until you have the paperwork you require. You could also send off for a copy of the the original agreement Under Consumer Credit Agreement 1974 send a £1 postal order to them Template:http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html letter N. also you would want the Deed of Assignment and a statement of accounts (this may come with your SAR)(i think) more http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html here and here http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html?highlight=baconbuttyman i know its a lot of reading:eek: but if it helps.

Bit more http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/

 

HTH

 

AL

[elizabeth1]

Hiya Al,

 

Thank you for your pointers and help - so glad I am here where I can see all this helpful information.

 

I will send for the Signed credit agreements with the letter from here and £1 postal order - and see what they come up with - I just read the cca threads and it seems these companies send back some real "garbage" in response to that - so I shall hang out for the "real thing".

 

Rhia is advising me as to how to respond on the reply I need to send to court in response to the court claim off these people.

 

SAR's had already been sent last week so I shall wait for those to be sent to us so we can defend with accurate figures etc.. I shall try explain that on court reply form etc.. Not sure whether court will allow the 40 day time limit on these SAR's etc.. but can try ask them to allow me time to prepare defence?.(I am sure the courts realise the SAR stuff is a slow process with these companies and so on.

 

Seems these companies are trying new tricks everyday to bully people and try new ways to scare people into paying up or dropping cases etc..

 

But overall the cards in this court claim are in dispute?

 

Thanks Al - I am reading till my head spins trying to figure best way around this - and how to reply to court. I am sure it will work out for best.

[e28bigalbexley]

Im sure the court would delay any order if you are awaiting evidence to defend a claim. If you told the court they are allowed 40 days to supply SAR info, CCA 1974 is 12 working days then they are in default and cannot enforce the agreement after a further 30/31 days they commit an offence and would need to go to court to enforce the order. so you would need a couple of months at the minimum to arange you evidence for a defence.

AL

[elizabeth1]

Al - I AM SURE YOU ARE RIGHT WITH THAT - I shall tell court exactly what this company are up to etc.. & what I have requested - and will complain to the information commissioner if they delay etc.. seems they know I rely on this data to build my defence etc.. ?

 

HOWEVER - if this company are SO SURE they're right in taking us to court etc.. they'll have absolutely no problem providing me with the data if we have no defence ??????

[e28bigalbexley]

I read somewhere that mostly these companys do not even turn up at court :o on the premise that the defendant aint gonna show anyway and normally thats probably what happens and they get awarded the claim because there is no challenge, so if you make an appearance at the court your one up on them to start with and i suppose you would get the nice district judge all to yourself . Its true you need to defend your case and for that you are entitled to your evidence im sure one of the Mods would point you in the best direction as to what action to take at court in your defence. Myself i would be giving the Debt and baliff forum a good read there must be similar stuff in there.

 

Chin up, AL

[elizabeth1]

Thanks AL - I think I read somewhere you can request the case is heard locally - so will do that if we can (don't even know where Rugby is) - I shall attend where ever this is - cause I intend for us to defend this - will be interesting to see how they go on etc..?

 

We've requested the information we need to defend this as in the CCA & SAR's so can put together our response to this. Can't do much till then -other than reply saying we intend to defend and are waiting for account statements etc.. and that the accounts in the calim are in dispute with the lenders - and point out that this is a DCA who is trying to claim money etc.. - hopefully we should get chance to defend ourselves.

 

thanks for your time AL - help is appreciated on this.

[elizabeth1]

Hiya Karnevil,

 

We got the claim on Wednesday 6th December - so we have a 14 day thing to reply?

 

I wasn't sure whether to defend part or all of claim - as the biggest part is actually charges etc..

 

I shall explain on my reply to court that we have asked for SAR info and CCA's to build our defence and will ask for time to gather this information etc..

 

I get a feeling the companies will drag feet getting info to us cause they'll know we will rely on it to defend ourselves etc.. but we can't give court and exact figure without this info?

 

I aim to reply sort of mid week to court and will record delivery of CCA requests etc.. and reply to courts so I know the replies don't get held up in the posr

[SHERLOCK]

Elizabeth,

 

I had very similar, not from citi though.

 

I am defending my court claim and Done both S.A.R. and CCA request as they didn't supply data that they were using for their claim.

 

sent letter below, and also copy to courts to place on file.

 

Dear Sir

 

In the XXXX County Court

(claimant) -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

• A true copy of the alleged agreement you refer to.
  
• How you calculate the sum of £(AMOUNT)
  
• How you calculate the sum of £(TOTAL)

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME

 

I have defended the whole claim bcoz YOU do not know the amounts involved, so you cannot defend part of the claim.

Also requested a stay 'til this info is supplied as there is no way I can defend without the data.

There is a form for a defence and counterclaim BUT, you have to place a MAXIMUM amount in the claim amount box and you cannot claim over this, even if your reclaiming of the charges etc. exceeds this amount.

You have to pay a fee depending on the claim amount.

 

The claimant will most probably defend, then you will receive an Allocation Questionnaire and you can then request the stay pending delivery of data/documents.

 

Got the advice from this group (wonderful people), hope this helps

 

SHERLOCK

[elizabeth1]

Thanks Sherlock!!!

 

I have been busy filling acknowledgement too. I am going to see hubby defends this as similar to your case we have not got clear amounts etc..

[e28bigalbexley]

Yep that looks like its got it all covered there and of course if they cant supply the Agreement and they still proceed they are going to look very stupid when they go in front of the judge. :o

 

Excellent post from Sherlock just what you wanted elizabeth.

 

AL.

[elizabeth1]

Yes

[elizabeth1]

Yes - that's right no CCA no case!!!!

 

SEEMS to be way to go is ask for these people to provide their paperwork!!!