-v-Citi & Hillesden

[Longleigh10]

Hi folks,

just a quick post to say howdie!

starting claim against these guys. I'm At prelim stage, took 37 days to get statements.

CCA Letter sent to Hillesden 28 days ago. Letter received back acknowledging request - but no contract received as yet. I've stopped payments 'till they comply (only 1 more due anyway).

After calculating charges they now owe me!

[Longleigh10]

Hiya,

At MCOL stage,

response to LBA received, the tone was really awful & upsetting! hubby had to calm me down and put into perspective, made me realise it's not personal, standard let etc.

Basically states, they'll defend in Salford; they've won previously; I can't profit from monies not already paid blah blah, blah..

 

My question is: where do I stand re. the debt collection agency involvement (I have cc'd them into all correspondence with Citi) as Citi claim they are now longer liable if I've paid monies elsewhere

[Enron]

Fact of the matter is alot of what Citi state in their letters is incorrect.

 

They can ask the court to transfer Salford, however as the individual it is your right to have proceedings take place at your local county court.

 

They are winning some cases, but then again so are we.

 

From the point of view of the reclaiming your charges. Any penalty charges that Citi have levied against you you can reclaim from Citi - charges levied by the DCA once the debt has been passed on you can reclaim from the DCA.

 

There are others who have claimed when a DCA has been involved who might be able to advise you better.

 

Follow the timetable, start your claim once the 14 days in the LBA have finished. It's likely that a strategy for dealing with Citi from start to finish will be ready soon.

[Longleigh10]

Thanks Enron, would it be helpful if I posted the letter on site? I'd really like to draft a stinging reply to their letter; then proceed to MCOL - or am I just wasting my time.

[Yaesu]

or am I just wasting my time.

 

Probably to be honest.

 

I would just file your claim and don't forget to stick to the time table.

 

Y

 

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[gizmo111]

Are you claiming default removasl also.

I think yo ushould be paying the DCA as you cannot on the one hand claim the debt is unenforceable and on the other claim back charges.

Which is it you want to do?

How much is debt and how much is charges?

Please do post the letter, they seem to have changed tactice with DCA debts lately.

[Longleigh10]

ok gizmo, haven't got info. re. charges on me at present; but if the charges are more than the debt, surely this is grounds to stop payment to DCA - as I would expect Citi to pay them directly or wipe out the debt.

Will post again this evening with further info.

[Longleigh10]

Hi folks,

quote from letter received by Citi

'despite the fact that you may have paid default fees thorughout the account's life, the fact remains that you owed my client more than you have claimed back at the date of charge off(I presume this was when it was transferred to Hillesden). Earlier repayments do not warrant treating those monies paid as somehow a debt due to you, conveniently ignoring the later debt due to my client(what's he talking about!!!) as a result, to 'refund' anything would allow you to profit from your own default. I am therefore unable to agree to refund any such monies. Furthermore, if you have paid any sums on a sold debt to a debt agency, (i have kept Hillesden informed every step of the way, and all they do is respond by letter saying they will refer to Citi - this does'nt seem the actions of a sold debt to me!!) it must be apparent that you have paid a third party and not my client, therefore you have no claim to recover sums paid to a third party from my client'

 

so he's effectively saying they're treating the a/c as a loss and that the debt agency is now responsible. I have paid back all but 1 payment re. this debt.

How do I respond to this?

[Longleigh10]

my debt at 'charge off' was £1141, charges amount to £750, i've paid £1027 to DCA to date

[debbiVwoolwich]

Hi

I am also dealing with Hillesden and likewise they keep saying all is referred onto their client , citibank, have you question therefore their charges (hillesden) i queried why they could charge fees every month and have had no reply, also no response yet to the CCA and citibank have just sent the get lost letter, do about send the SAR non compliance letter (they cashed the £10.00 cheque i sent them !

[Longleigh10]

Hi debbi..

Hillesden have confirmed in writing they haven't put any charges since they took over. They've responded to my cca request - saying they'll request it from Citi but it could take up to 8wks - which has long gone! I've also sent the non-compliance letter about two weeks ago.

I can't make out your last sentence... If you've sent Citi the S.A.R they have to comply - just send the non-compliance let. They do take ages though and may request further info from you re. your id. which is complete nonsense and timewasting especially if your a/c is still open. Keep me posted.

I'm about to issue MCOL against Citi

[debbiVwoolwich]

Hi

thanks, yep about to send the non compliance letter to citibank I had also sent one to DLC who had the account and charged fees on top of the debt each month , 12 citi fee ? and a non payment fee, DLC suddenly became hillesden and they sent a letter back saying my request had been passed to citi , waiting to see if citi cash both cheques ! but will send a non compliance letter to both of them

[Longleigh10]

Hi,

Wrote to Citi again, outlining the fact that if they hadn't applied charges to original amount then I wouldn't have paid so much back to Hillesden.

Received 2nd reply basically reiterating what they said before as follows:

 

...You advise in your letter you have been charged xxxx if we consider that the OFT have advised a fair charge to be £12 then the amount that should have been charged in this scenario, assuming the charges applied were £25 each, was xxxx. This leaves xxxx in question, however, in your case I have found that the balance on the account when the account was sold to Hillesden was xxxx. this means that whilst you may have paid some charges during the course of your account, in effect you have not paid the sum to us that you are claiming. In any court Citi woul asert that the sum representing the charges, though levied onto the account remained unsatisfied.

The press coverage on the OFT report gives the impressions that all charges are unlawful and recoverable. This is incorrect and also entirely superficial. If fails to address cases such as yours where you conveniently overlook the fact of significant non-payment . Neither Citi nor a court will do so....

 

It goes on to repeat what I posted previously. My question is 'is this true? I know I've been advised previously to issue my claim, but against whom?