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twillardo v CitiFinancial


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Hello All :)

 

I have submitted a claim against Citifinancial for charges on an expired loan, can anyone post the appropriate address as they seem to go under numerous guises and addresses?, I wonder why!

 

Thanks ;)

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Guest Big Lash

try this

 

Registered Office: 87 Castle Street, Reading, Berkshire RG1 7DX

 

I just googled it:)

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  • 3 weeks later...

Hello All :)

 

I have started a claim against Citifinancial, can't seem to find a thread associated to them, I do know they have various guises. Any suggestions as to where I can submit post's, I thought about under Other Institutions :?:

 

26.04.07 Prelim letter sent.

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Hello All :)

 

Response received today Thursday 17th May 2007;

 

RE: COMPLAINT

 

We thank you for your letter of 26th April 2007, the contents of which are noted.

 

We do not accept your claim that the charges are either unlawful or unenforceable for the reason you state or for any other reason.

 

We note that you rely upon the Unfair Terms in Consumer Contracts Regulations (1999) "UCTCCR" as the basis of your claim. Schedule 2 identifies terms that may be unfair including at (1)(e) "a term requiring any consumer who fails to fulfil his obligation to pay disproportionately high sum in compensation."

 

We consider that your argument that the fees you have been charged fall foul of Schedule 2 1 (e) is wrong. On a true construction of both the Regulations and the 2006 OFT Report relating to default charges on credit card accounts it is clear that we are not constrained by the £12 figure that the OFT has laid down in respect of credit cards because of the different nature of the account that is the subject of complaint. Equally, your argument that the charges are totally unenforceable is misconceived in law. The law does not preclude a lender from imposing charges that reflect the reasonably foreseeable costs of the breach. It will only disallow those that are clearly a penalty on the defaulting party (see Jobson v Johnson [1988] 1WLR)

 

We also consider that we have satisfied the tests of reasonableness imposed both under section 11 Unfair Contract Terms act 1977 and by the High Court, per Coleman J in Lordsvale Finance Plc v Bank of Zambia [1996] QB 752, 762G in relation to our default fees policy. We retain in place an infrastructure involving staff, computer systems and other administrative tools in order to operate an effective collections function based on reasonable assumptions about the number of defaulting customers in any give period.

 

We believe you have both misunderstood and underestimated the true cost to the company of even a single breach, since an infrastructure in staff and other resources with resulting overheads is essential for commercially viable operations.

 

We therefore confirm that we do not propose to remit the sum claimed or any sum at all to you.

 

James Blair

Legal Executive

 

Fair bit to take in, anyone have any thoughts on this or is this the, you have no idea what you are doing letter!

 

Advice would be appreciated.

 

26.04.07 Prelim Letter sent.

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Hi twill

 

THis looks like a pretty standard "go away and stop bothering us" letter with a couple of nice twists - this is the first I've seen which quotes one of the cases we intend to use against them! (Johnson -v- Johnson).

 

It is not obvious what this is in reply to - where are you at in the process? Wherever you are, just stick with the process and your timescales.

 

We therefore confirm that we do not propose to remit the sum claimed or any sum at all to you - we'll see about that!

 

Make sure you read plenty of threads, particularly the more recent ones as things are moving all the time.

 

Steven

 

 

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hello :)

 

Thanks for the reply Steven, this is the response to my Prelim letter that was sent on 26.04.07 initially asking for a refund on the charges, I was about to send of the second letter, the Letter Before Action, it seems they are pulling every trick in the book to try and deter people from claiming, I intend to send the LBA and see what kind of response I receive. If you can offer any further advice this would be most welcome.

 

Thanks Again :-)

 

26.04.07 Prelim letter sent.

17.05.07 Response from Citifinancial, Sod off!

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The only advice at this stage is to send the LBA if the original 14 days is up. The process on this site is tried and tested. You set the agenda, not them and, if they don't reply in a satisfactory way in the timescale you set, then move onto the next stage.

 

All the best and keep us posted

 

Steven

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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"Is this citicards or bank account"

It was originally a loan through the Associates and was then transferred to Citifinancial, the loan has been payed off in full. I have a thread for this in the welcome forum with more details.

 

26.04.07 Prelim letter sent.

17.05.07 Response from Citifinancial, sod off!

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Thanks for that Gizmo :)

 

Will be sending the LBA Friday 18th May 2007, I await their reply with bated breath.

 

26.04.07 Prelim letter sent.

17.05.07 Response from Citifinancial, sod off!

18.05.07 LBA ready for posting.

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Hello :)

 

I used the LBA letter from the templates library and changed it to suit my situation, I have not yet posted the LBA as I am currently checking the site for a more relevant template letter, failing this I will go ahead and send the one I have.

 

Maybe someone can let us know if there is a specific letter on the site for this type of situation, the claim is for charges on an expired loan taken out through the Associates and then taken over by Citifinancial.

 

Can anyone help :!:

 

26.04.07 Prelim letter sent.

17.05.07 Response from Citi, sod off!

18.05.07 LBA ready for posting.

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