Citi Cards - *****WON & PAID IN FULL****

[morsy]

I have sent DPA request letter on 17th March 2006. I got sent back a subject access request form (23rd March), they require passport or poof of identity plus proof of my address sent with form. Well seeing as I have an active account and they send my statement to the same address I applied for the DPA from I refused to supply them.

 

I phoned customers services (27th March) and requested the statements I am missing (only six in the last 4 years). I phoned customer services again (18th April) as still no statements they say they have been sent out but nothing arrived so they are being resent.

 

2nd May and still no statements so I have sent repayment request letter one with the sum I have form all my other statements also stating that I am still awaiting my DPA request for missing statements.

 

Reply received saying they are aware of the OFT statement about charges they [Citi group] are not party to the OFT investigation. They [Citi group] believe the charges are fair, transparent and lawful etc. They are waiting the industry response to the report but will be in forcing their T&C etc until Citi group review them.

 

Should you wish to take your complaint further contact the Finance & Leasing association.

 

So letter two final request for repayment sent.

 

Claiming £700.00 plus interest over last 4 years.

[morsy]

Times up off go the court action forms.... .. .

[Tinkerbelle]

God luck! They'll cough up in the end

 

Just take a look at my thread..should give you some hope. They offered me a settlement within 5 days of filing the claim on line.

 

Just stick to your timescales you'll be ok

[morsy]

God luck! They'll cough up in the end

 

Just take a look at my thread..should give you some hope. They offered me a settlement within 5 days of filing the claim on line.

 

Just stick to your timescales you'll be ok

 

Thanks for the advice, just read your thread ... much like mine.

 

They too have refused to re-issue my card. I have cleared the balance and they owe me 47p as I’m in credit. I get a statement every month with £0.47 credit and credit limit £2000 available to spend Nil.

 

Just give me back my £800 and close the account...

[sunseeker]

Don't think you'll have to wait too long morsy.

 

Like Tink says, stick to what you want and see what's been achieved by others:-)

[morsy]

Update:

 

Had a few issues with local county court getting the forms logged mainly due to fee exemption so hopefully sorted out now just waiting for them to get processed.

[morsy]

Well finally got the court papers filed before I went on holiday.

I have been away for just over a week so not been able to keep up with things online. I have today received a defence from CITI and a cheque for £279. Basically they have refunded me the difference between what they have charged me and the OFT ruling of £12.00. My claim is for £615.00 (I have copy of their full defence in PDF).

 

The defence in brief is that:

 

• Citi denies that the charges are unlawful

• The OFT statement says the level of the charges was unfair not the principle

• Citi say this is not a money claim but a damages claim and interest is not applicable to this action.

• Interest is claimed from date of breach not date of payment.

 

What should I do now? Bank the cheque as it doesn't seem to be a full and final settlement. Continue with my claim for the rest? If so what should I do / what should happen next?

[rich2568]

Hi Morsy

 

Take a look at my thread-- the more support we give each other the better!!

http://www.consumeractiongroup.co.uk/forum/other-institutions/12913-rich2568-citicards-interesting-development.html

 

We will beat them -- no matter how long they hold out for!!

[morsy]

Thanks for the link.... looks like we are in the same boat!

 

I have not had a request as yet to move the case but then again maybe they won't as I filed mine at Reading CC which is where their reqstered office is.

 

As they have entered a defence and refunded me part of the claim. I'm not sure what to do next. Do I need to write to them or do nothing?

[rich2568]

Just carry on as normal-- thats if you are not happy with the amount refunded?

 

If-- and that`s a BIG IF-- the case goes to court-- you just explain to the court there has been a partial settlement, but are seeking the remainder of the claim!

 

I have read that you could write/ phone the court explaining the partial settlement-- just to keep the case up to date.

[morsy]

Ok so i don't need to do anything just await the allocation questionnaire, complete and return it.

[rich2568]

Yep-- hold on in there for the long term!!

 

Like I said you could contact the court just to let them know what Citicards have given you BUT you are seeking the remainder of the claim.

 

I`m sure when the questionnaire comes we`ll help you further!

[morsy]

Update...

 

Well Citi filed a defence and forgot to sign it. The court sent it back to them and not had any defence back from them as yet. The 14 days are up so I have filed for judgement in default. Case of which gets processed first according to the admin dept at the county court. If I get judgement by default Citi could always appeal it so watch this space.

 

I have notified the court that my claim was for £720.05 (£610.00 plus interest £100.05) they have paid £279.00 so I’m asking for judgement by default for the difference which is £441.05 plus daily interest

[hagenuk]

Thanks for the advice, just read your thread ... much like mine.

 

They too have refused to re-issue my card. I have cleared the balance and they owe me 47p as I’m in credit. I get a statement every month with £0.47 credit and credit limit £2000 available to spend Nil.

 

Just give me back my £800 and close the account...

 

I have started a claim against Citi on behalf of my late Father. I wonder if they will threaten not to re-issue his card?

[morsy]

Citi finally got there defence sorted out and logged.

 

Court questionaire on the way ... watch this space!

[morsy]

Allocation Questionaire (N149) arrived today. Is there anything in particular that I need to put on this form?

[nicho1120]

Just about to start court action against Citicards just wondered where you were upto with the case ???

[morsy]

Not going to well at the moment

 

Got a letter today from Citi's Solicitor - Brian Smith

 

Basicly Citi will not settle out of court they are only offering to refund me my court fee in adition to the money (differance between charges and £12 OFT ruling) they have already refunded. There reason is that doing so would entitle card holders (in there words) ... 'to breach your contract with [citi] at any time with utter impunity. That is not what the OFT report meant to imply when it recognised that only the amount of default charges was unfair not the default charges themselves. The logical upshot of you and all other cardholders seeking to recover all such legitimate charges is the end to free banking in the UK, hardly a position the OFT would endorse.

 

[citi] has recognised the OFT report as has the rest of the industry and refunded the differance in the amounts. To do more would suggest cardholders may simply run their accounts as they see fit. That is neither a responsible nor a tenable business proposition as I am sure you would, upon reflection, agree. I believe the court will also accept the logic of this and the OFT reports finer and overlooked implication that some form of default is acceptable.'

 

The AQ has been before the judge and further info requested from the defendants and is now back before the judge.

 

Claim was for £821.05. Repaid £279.00 Amount left to reclaim £521.05 (charges & interest) + £80 court fee.

 

Any thoughs on what to do next?

[deathshead]

you are of course willing to pay the "actual" cost incurred by citi, if they say it is £12 let them prove it in court

 

dont think a defence of we need to fleece the "poor" to give the rich free banking will wash either, citi also dont provide free banking only credit cards AFAIK

[morsy]

of course I am willing for them to recover their actual costs which we all know is not £12 per item / defualt.

[Mike220359]

I'm reading this thread with interest I sent my LBA off recently

 

Mike

[deathshead]

you are of course willing to pay the "actual" cost incurred by citi, if they say it is £12 let them prove it in court

 

dont think a defence of we need to fleece the "poor" to give the rich free banking will wash either, citi also dont provide free banking only credit cards AFAIK

 

of course I am willing for them to recover their actual costs which we all know is not £12 per item / defualt.

 

then proceed with the claim its who blinks first

tbh you would expect better arguments from lawyers:p

[morsy]

Well today I got a notice of allocation to the small claims track, hearing in 3 months.

 

Looks like citi want to go to court and are not prepared to disuse the matter or try to settle.... Shame my mum filed her N1 against HSBC and they offered full amount (over 5k) straight up.

 

Looks like citi want a fight. I don't like the idea of going to court, looks like I got some reading up to do and preperations to be doing!

 

Any one else had problems with citi? I'm only after £500 any way surly it’s going to cost them more in legal fees then to pay out now.

[gizmo111]

Well today I got a notice of allocation to the small claims track, hearing in 3 months.

 

Looks like citi want to go to court and are not prepared to disuse the matter or try to settle.... Shame my mum filed her N1 against HSBC and they offered full amount (over 5k) straight up.

 

Looks like citi want a fight. I don't like the idea of going to court, looks like I got some reading up to do and preperations to be doing!

 

Any one else had problems with citi? I'm only after £500 any way surly it’s going to cost them more in legal fees then to pay out now.

 

Citi are playing hard - sad letters I had from Brian Smith and all. I have issued claim on 11th it will be deemed to be served on 19/08 and they have until 04/09 to reply. Will keep you updated but if they want court action then that is fine let them prove that £12 is fair - be interesting if this actually gets to court.

[ayrforce1]

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.