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    • There are two things to immediately clarify. Firstly, why did court papers go to the wrong address?  In 99% of backdoor CCJ cases here the person moves and doesn't update the vehicle log book address.  Or they move and they don't inform the parties who they are in legal dispute with of the new address.  Does either of these apply to you? Secondly, given this has been going on for over three years without presumably any ill effects on you, how important is it for you to have a clean credit file?  I ask as, if you do absolutely nothing, the CCJ will disappear in April 2027.
    • Sorry to ask, but I know I had SB template on PC, but can't find it. Also any search for template\SB letter takes me back here.  Any help to get to SB letter would be appreciated. I know I used it on a car HP co that wouldn't honor my FCS refund and after 6 years came threatening ( or rather their DCA). Worked a treat. Thanks in advance
    • Received this letter today after all this time !! Doesn’t sound like just a threat any advice please  Thanks  Photo.pdf
    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Citi Cards - *****WON & PAID IN FULL****


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I`ve just read through this thread as we have received a letter from Citi lawyer Brian Smith. It is as previously stated they say that default fees are not unlawful and that if we breach our contract they are entitled to levy a default fee, just not one in excess of £12.

He goes on to state that in line with the OFT statement he recommends that Citi write off £279 of our £615 claim and that accordingly our account has been reduced by that amount.

He then goes onto state that should we wish to proceed for the full amount that they will defend the action on the basis of the OFT`s statement and that they will have the right to have claim transferred to Salford County Court.

We are in Scotland and would pursue this in our local court or is he correct.

Any advice gratefully received,thank you.

 

It is a standard reply from Brian - is this in response to your Prelim or LBA. If prelim just write back accepting partial refund unconditionally, and take it off spreadsheet, write with new amount he will probably then withdraw offer - not sure as it has been refunded then it is off to MCOL after 14 days.

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

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Hello morsy,

Just wanted to wish you the best of luck

 

I seem to the one ahead of everyone else. I handed in my form to Edinburgh Sheriff court on the 11.08.06.

I have had two very nice letters from Mr Brian Smith

Check out my Citi’s Threat

hondamad :)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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I`ve just read through this thread as we have received a letter from Citi lawyer Brian Smith. It is as previously stated they say that default fees are not unlawful and that if we breach our contract they are entitled to levy a default fee, just not one in excess of £12.

He goes on to state that in line with the OFT statement he recommends that Citi write off £279 of our £615 claim and that accordingly our account has been reduced by that amount.

He then goes onto state that should we wish to proceed for the full amount that they will defend the action on the basis of the OFT`s statement and that they will have the right to have claim transferred to Salford County Court.

We are in Scotland and would pursue this in our local court or is he correct.

Any advice gratefully received,thank you.

 

Hi

Read Andyace, he has a letter which he sent to the Jugde to have the case moved to his local court. I used the same letter to have my case moved to Swansea. Hearing set for mid October.

Regards

kevmaxthom

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  • 1 month later...

have a look at lickthewallfatboy and his claim......

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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return date for citi for my claim is 03/oct/06

 

Any one before me?

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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  • 3 weeks later...
  • 2 weeks later...

hi everyone,

love the work you're doing here.

 

reading these posts has inspired me to dig out my account statements with citi. so i have a quick question... on one of the letters they sent me several months ago i noticed they referred to their late/missed payment charges as 'service' fees. does it matter what they call these punitive charges?

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Right I have just been having a discussion with the other Mods and we are concerned about the contents of the latest AQs from Citi defence.

Their requests to have both the hearings at Salford as well as the meetings in private with the Judge should be vigourously contested.A letter to address this is currently being drawn up and will be made available soon.

You should make the court aware of your concerns so that these requestd are not directed.More on this soon.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good luck. when & where is it? Have you got a Court Buddy to go with you?

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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  • 2 weeks later...

My full hearing went ahead today ... Before the main hearing started I made an application for Citi to disclose full details of their procedures with detailed costing and for the case to be adjourned so that Citi can supply this information and time for me to examine it.

 

The judge agreed that the cost justification supplied by Citi in there defence didn't show any information and that they have to disclose full details. The case has been adjourned so this can take place.

 

Again Citi tried to use the NI case, I pointed out that this was subject to appeal and the Judge dismissed this.

 

So now I await Citi Next move.

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It may be an Idea to ask for full details of Citi costing's on your AQ questionnaires as the information they supply is just a sum.

 

Indirect cost + Direct cost

--------------------------- = average default cost

Number of breaches

 

I had to make and pay for a N244 General Application after I received Citi defence bundle asking the court to order Citi to disclose more information, maybe this can be done at the AQ stage, Citi will try to appose it, they will not always be successful.

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You can ask for this on AQ by filing a list of suggested directions and that way it wouldnt cost you anymore. You could also include a strike out clause say unless the docs are recd by .......... the defence be struck out and Judgement entered for the Claimant with costs

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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  • 3 months later...
  • 1 month later...

Well just to bring this thread up to date

 

Citi defence was struck out on 18th Jan 2007 due to failure to disclose a full breakdown of costs as ordered in November 2006 with detailed figures to back up there £12.88 cost justification.

 

The judge also stated that Citi was abusing the court system and that all the cases he has had, the banks have paid up in full (he did not say if any where citi claims).

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More bailiffs, guess Citi like bad publicity without going into detail.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Congratulations.

 

Think a mod needs to change your title to "Morsy v Citi ** WON"

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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