JJ v CitiCards

[Jimbo_Jones]

Hi all,

 

Although this is my first post, I've been reading threads for a while now and may I firstly say thank you for the great advice and resources available through this site.

 

I'm hoping for some help regarding my claim against Citi - I've noticed from other threads that they are proving to be particularly awkward.

 

I sent my initial claim to them in mid-december and I enclosed a breakdown of charges along with photocopied statements as supplementary evidence.

 

I received the usual 'get lost' response from Citi, citing the Kissick case.

 

I responded, as many others seem to have, by saying that that the Kissick case could not set a precedent and that they had also misinterpreted the OFT statement. I reiterated that I felt my claim was justified and I would commence court proceedings if they did not settle in full within 14 days.

 

I have today received a standard letter which states they will investigate further. However, it may take them three to six weeks to retrieve my statements from their archives.

 

My question is whether I should write again to tell them that I have already supplied copies of statements, and give them another 14 days to settle. Or alternatively proceed with a claim immediately?

 

I really don't want to get into the inevitable correspondence battle and delaying tactics in which they seem to revel. But equally I don't want to act unreasonably - what do people think, should I proceed with a court claim now?

 

Any advice greatly appreciated.

 

Cheers

Jimbo

[james2747]

Hi JJ

No point in waiting. They drag things out for as long as possible but Citi (aka Mr. Smith) will USUALLY proceed to a court hearing ... but not always ... just be prepared for that if it happens. File MCOL (money claim on line) ... but ensure in any letters you write to Citi you put statements such as "you have left me no option but to proceed to court action" .. a judge reviewing the case would pick up on your helpful tone vs big ,bad, arrogant Citi ... always helps to have the judge on your side. If you get as far as court ... will give you some useful tactics / line of argument in good time.

James

[Jimbo_Jones]

Thanks for your reply James. It was my feeling that I should just go ahead and file a claim with MCOL but glad to get some reassurance!

 

Is it good practice to write to Citi & inform them once I've done this, or is it acceptable just to let things take their course with MCOL?

[james2747]

Yes, I would write to them ... telling them that having failed to respond to the generous deadline you gave them ... left with no option but to seek repayment of the unlawful deductions through the courts, etc etc...

Inform them that you have raised the court action but don't supply the case refn number ... i'd just say something like " you should be hearing from the court in the near future". On getting the court action .. they will raise a defence document ... pay you a sum equivalent to the difference between the charges levied and £12. i.e. if it is a £20 charge you get £8 returned, ...£25 charge , you get £13 returned. Write to them telling them you accept as part payment only and keep the action running.

[gizmo111]

I wouldn't bother writing to them - you have already told them in your LBA - they ignore most letters anyway.

[Jimbo_Jones]

Thanks for your advice - I'll update once I file my claim with MCOL. No doubt I'll need some further advice very soon!

 

Thanks again

JJ