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Northern Ireland Citi claimants read in

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this is VERY important to people claiming in NI against CITI

 

1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise

 

2.Citi DO NOT have to give you prior notice of evidence they shall be depending upon in court

 

3.A judge is FULLY ENTITLED to accept "secret evidence" given in the form of undisclosed documents,and to accept the validity thereof without any further investigation.

 

3.Points of law appealed using the Human Rights Legislation and Statute regarding overriding objective do not amount to anything in civil cases.

 

4.It may be prudent for anyone contemplating action against CITI in NI to either file an action via the English Courts using anyone whom you know who lives there and who will allow you to use their address for paperwork from the court,asking for full disclosure of how their charges are made up,or else take the ex gratia payment and leave it at that.

 

 

Learn from experience,take it on board and change tack.

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hi everyone

tell me if im wrong but is there not a danger this could have repercussions for anyone in northern ireland claiming from any of the banks. bad news travels fast in this wee place and if we know about this then so do they.

regards john.

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hi everyone

tell me if im wrong but is there not a danger this could have repercussions for anyone in northern ireland claiming from any of the banks. bad news travels fast in this wee place and if we know about this then so do they.

regards john.

no because there has been no settlement on bank charges and the £12 is not a cap but merely an amount the OFT feels acceptable anything over this they are prepared to get involved with the case. That does not make it right if when disclosed the charge is less than £12

if this has helped please click my scales

 

cheers

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"1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise"

 

Typical of this embarrassingly deferencial wee country. So many peeps are far too willing to tug the forlock to anyone who gives the slightest impression of actually having some knowledge of what they're on about.

 

Including the judges, it seems.

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Hi guys,

 

Just found this thread, it's a bit dissapointing for me as I have (as I thought) a biggish claim( or two) going in against these guys. I do however have a question about it that might save the day for me. My account(s) have been passed off to Cabot. They tell me that they now own the debt, are they likely to defend against this in the same way that Citi would?

 

Any Ideas

 

Thanks

 

Jim


Nothing done yet, Just arrived at the site recently, but the following banks etc will be hearing from me

Nationwide acc 1

Nationwide acc 2

Nationwide acc 3

My MBNA

Wifes MBNA

My Citibank

Wifes Citibank

My GE Money

Wife's GE Money - £78.85 - Preliminary letter sent 5/6/06

Mint - £140.00 - Preliminary letter sent 5/6/06

Capital One

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I’ve sent my letter to the bank,”Bank of Ireland” asking for my bank charge details for the last 6 years. I got a quick reply, with a list of 14 “£14.50 Referral Fee’s”, the last one was dated 11th Dec 06. I know for sure that there have been more charges taken from my account since Christmas. There were no charges from 07. So I have drafted a letter, which i'm going to post tomorrow. Basically saying that the list was incomplete and that the 40 days is still running at by not supplying me with a complete list of charges for the last 6 year, they were not Complying with the Data Protection Act.

 

I have a couple of questions concerning the above

 

  • Am I correct in what I’m doing
  • Will this judgment diminish my chances of claiming these Fee’s back
  • Will I be better changing my address to and English address and pursue the matter there?
  • Should my fee’s I asked for Include the fees for this year 2007.

All help will be very much appreciated

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Hi,

This is also my first post but I'm currently torturing the Ulster Bank for mostly irregular account fees of £12-15 over a 3 year period, will this affect my claim as Im about to claim on line when the deadline runs out in 7 days. Would love some advice and support at this time Im claiming £2200 including interest...

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Hi everyone,

 

Just got CAG newsletter and was shocked to read about this claim and the NI court service. I am currently chasing ShAbbey for just over a grand and my NI court date set for the 2nd of May.

 

So April will be interesting month :) but just in case ShAbbey turns nasty I have opened another account elsewhere.

 

I wish you all well with your claims.

 

Rgds,

Insp C.


Abbey - £1100 - Court 18/05/07 - Won in Full 12/05/07

First Direct - Next (pending as 6+ years)

MBNA - PPI charges - S.A.R - (Subject Access Request) Started 10/05/07

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Hello, I have successfully challenged the banks for unfair bank charges and have been successful.The only problem now is the banks are trying to reclaim there money back by asking me to pay my overdraft back in full.giving me just one day to repay them and then taking me to court which they have just done. I now have 7 days to respond to the judgment and ask the court if I can pay so much per month until I have cleared my debt I don't a C.C.J.

As I am unemployed at present it is going to take sometime to repay I think they are well within the law what they are doing.

So be aware

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Hello, I have successfully challenged the banks for unfair bank charges and have been successful.The only problem now is the banks are trying to reclaim there money back by asking me to pay my overdraft back in full.giving me just one day to repay them and then taking me to court which they have just done. I now have 7 days to respond to the judgment and ask the court if I can pay so much per month until I have cleared my debt I don't a C.C.J.

As I am unemployed at present it is going to take sometime to repay I think they are well within the law what they are doing.

So be aware

 

Thats rubbish. Which bank?

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So I could claim against Northern Bank using a relative's address in England AND claim up to £5,000 through the English small claims system thereby getting around the NI limit of £2,000???

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this is VERY important to people claiming in NI against CITI

 

1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise

 

2.Citi DO NOT have to give you prior notice of evidence they shall be depending upon in court

 

3.A judge is FULLY ENTITLED to accept "secret evidence" given in the form of undisclosed documents,and to accept the validity thereof without

 

any further investigation.

 

 

3.Points of law appealed using the Human Rights Legislation and Statute regarding overriding objective do not amount to anything in civil cases.

 

4.It may be prudent for anyone contemplating action against CITI in NI to either file an action via the English Courts using anyone whom you know who lives there and who will allow you to use their address for paperwork from the court,asking for full disclosure of how their charges are made up,or else take the ex gratia payment and leave it at that.

 

 

Learn from experience,take it on board and change tack.

 

SURELY THIS CASE HAS NOW BECOME CASE LAW IN THE UK

8)

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If the Judge ruled in favour of the citi bank then this becomes case law which can be used by other banks anywhere in the uk

 

does anybody know this?

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small claims court does not set case law precedent,and courts in the UK have already dismissed citi attempts to use this case as irrelevant....


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As LTWFB has said- small claims courts cannot set a precedent.

 

(and of course Northern Ireland IS part of the UK)

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So can we use the English small claims court to maximise our claim if we've got an appropriate address in England???

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small claims court does not set case law precedent,and courts in the UK have already dismissed citi attempts to use this case as irrelevant....

 

Your point about secret evidence intriges me, I have a case against the bank and I have to submit documents in discovery prior to the case being listed in the high court. The bank have to do the same any documents not disclosed this way cannot be used in evidence?:-?

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High court is a completely different animal to small claims court.....amonst other things,it entails full disclosure of all material evidence which both sides are relying on


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i had a case in the small claims court in craigavon this week. we were told at the opening of the court that we must exchange documents we would rely on at that point. the documents did not have to be produced days before the case. essentially you would have only a few minutes to look at any documents that become available at that time.

 

she suggested that we should all try to settle without her ruling and sent us all out to try to resolve our disagreements. most cases don't make it to trial.

 

she was right only 1 case went to trial. mine ( not a bank ). just like judge judy, a bit nervous to begin but once things get going it is surprisingly straghtforward.

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OK

ready to do moneyclaim on line... Ive passed my own deadline though as I was hospitalized following a car accident, will this matter? Also, they have only sent a reply to my first letter, not the second, should I wait a further time for them to answer? I'm also quite disabled following the accident for the next few months and a bit worried about attending court, can I take in a representative as I'm drugged to the hilt most of teh time?

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Has anybody had problems with The Ulster Bank with Bank Guarantees for

overdrafts that were called in by the Bank unnecessarily

I would be interested in your experience with their recovery dept.

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Just for the record, i can recommend one judge who i get the impression from, 'doesn't take to kindly to the banks.'

 

Its in N.Ireland, so if you wanna travel to a judge on your side, pm me.

 

Put it like this, i appeared in court today, with citi. There evidence was written by their account stating it cost £12.88 per default using the ofts method of charging but £27 odd using their own method of cakculation.

 

The judge asked citi, 'do you have your expert witnesses here today?'

 

of course not!

 

If you want me to rule on this i will require, expert witnesses etc etc.

 

Citi solicitor then said we are arguing a point of law.

 

Judge then again asked for witnesses..

 

CITI solicitor then met me outside to try to settle. Suspect a cheque will soon be on its way..


Charges claim nearly sorted, now taking on anything thats left..

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Hi guys,

 

Just found this thread, it's a bit dissapointing for me as I have (as I thought) a biggish claim( or two) going in against these guys. I do however have a question about it that might save the day for me. My account(s) have been passed off to Cabot. They tell me that they now own the debt, are they likely to defend against this in the same way that Citi would?

 

Any Ideas

 

Thanks

 

Jim

 

Sorry I am unable to make comment on the Northern Ireland Judgement in itself, however the fact that the debt has been passed to a third party agent makes no difference to the fact that bank charges may be in part unlawful. Having dealt with this lesser publicised anomaly for some time, I would suggest that you send a subject access request to the original creditor and advise Cabot of your intention to dispute the ammount pursued. Remember that the original creditor has an oblgation to respond to your request within the forty day period and under OFT rules relating to debt collection practices the collection agent has an obligation to fully investigate reasonably disputed accounts.

 

One you receive the requested information lodge the counter claim to the original creditor.

 

In some cases involving third party agents, I have found the counter claim to be greater than the ammount being pursued by the debt collection agent.

 

If Cabot continue to pursue you throughout the course of this process you should lodge a complaint to the OFT.

 

Ps debt collectors don't like this procedure as it makes their brain hurt.

 

Good Luck

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