Stornoway v Citicards incl Contractual Int & Pre 6 Years

[Stornoway]

Received the court bundle from Citi this morning (9 days before court date - it was supposed to arrive 2 weeks before). The skeleton arguments look fairly standard but there is a copy of a judgement granted in their favour at Salford Court on 6th June this year -Timothy Potter v Citifinancial. Does anyone have any knowledge of this case ?

[alice-rose]

Thankyou Stornoway,

 

thats very kind of you to offer.

I have just sent in my letter requesting they return the monies they have debited my account with.

I will let you know how I go on.

 

Its So nice that everyone is very kind, helpful and friendly on here.

 

I don't think most of us on here would have dared to take on

a Bank, but with the power of this Consumer Action Group

behind us, together we are Strong !!!

 

may the power be with you, and behind you Stornoway !

 

alice

xx

[alice-rose]

Hi Stornoway

 

just noticed you are in Court in 9 days time.

 

Wishing You GOOD LUCK

 

alice x

[lancasterchelsea]

Stornoway..... are you still in court on 13th ??. I am now doing Citicards CI and pre 6 years, so will follow your progress closely

good luck

[gizmo111]

Received the court bundle from Citi this morning (9 days before court date - it was supposed to arrive 2 weeks before). The skeleton arguments look fairly standard but there is a copy of a judgement granted in their favour at Salford Court on 6th June this year -Timothy Potter v Citifinancial. Does anyone have any knowledge of this case ?

 

Don't know who the claimant is - not a CAG member AFAIK. But don't worry it doesn't mean a thing SCC anyway - also there is bongobazs thread where judgement was made against Citi so suggest you use that to counteract.

[Enron]

I received the same bundle as yourself.

 

Citi should know that a small claims case cannot set legal precedent, so including details of a case in which it looks as though the claimant did not prepare that well was invalid... unless its to make the claimant less confident.

 

Not sure if you are north of the border, but the main issue is that Citi's cost pre-estimate exhibit is very, very basic... and does not include a breakdown of figures to support it.

 

It is also quite telling that in ALL instances so far where a breakdown of their costs to support their £12.88/£13.47 figures has been requested they have defaulted. When in reality establishing there costs would benefit the defendant by allowing them to pass the their full costs onto the customer.

[Stornoway]

Don't know who the claimant is - not a CAG member AFAIK. But don't worry it doesn't mean a thing SCC anyway - also there is bongobazs thread where judgement was made against Citi so suggest you use that to counteract.

 

Have taken today off work to prepapre for case on Monday. Thanks for the tip re Bongobaz Gizmo - i'll research that one. Enron has also kindly given me a copy of the statement he used to support his case in court so will use this as a start point in preparing my own statement.

[Stornoway]

I tried to get the court to order Disclosure but suspect that I was simply too late with the case being heard on Monday (I had also tried at AQ stage but was ignored).

Have accordingly today received correspondence from court regarding my claim with "the Court is not minded to Order any further disclosure but invites the defendant to note the points raised".

Hopefully this will mean that the Judge is minded to take on board my argument re costs in the hearing on monday.

[lancasterchelsea]

good luck

[groovycaz]

Just thought id pop in to wish tou the very best of luck on monday..Gc

[Enron]

Good luck, PM'd you over my court notes which should hopefully show you what the process can be like.... and what Citi's weak points are.

[alice-rose]

Good Luck for tomorrow Stornoway

 

alice xx

[Stornoway]

Thanks for all the good luck wishes - in court at the moment and still waiting to be called (was supposed to be 2pm).

 

Citicard lawyer has introduced herself and advised that she fully expects all 4 bank charge being heard today to be stayed - I suspect I am about to be stitched.

 

So frustrating - especially given 2 days holiday taken to prepare for and attend court plus the 200 mile round trip to get here.

[alice-rose]

Hi Stornoway

 

how very frustrating for you.

and 200 mile round- trip too - you're going to need a holiday !

[alice-rose]

hope all goes well for you

[alice-rose]

If Citicards apply for Stay

 

Don't forget to ask your Judge today

for 2 days wasted costs

and 200 mile round-trip.

 

I'm sure he/she will be very understanding in the circumstances.

[Enron]

Don't know if you'll have access to the forum before your hearing, and view this thread.

 

The current OFT court case relates purely to overdraft charges on Bank Current Accounts only, and not credit cards for which there is an OFT report already in place. Because of this a number of hearings have proceeded without being stayed or further delay, including my own.

[Enron]

Any news????

[Stornoway]

What a waste of a day. Was eventually called at 4.30pm - judge asked me to give very brief outline of claim which I did. He then asked for Citi to comment. Citi asked for a stay quoting the OFT test case. Lots of ums and aahs from the judge then he asked me for my views to which I highlighted that ;

1. test case was for overdraft charges not credit cards

2. OFT had already reported on credit cards

3. FOS are continiuing credit card claims and have only stayed c/a claims

4. a delay would infring my rights to a speedy trial under Human Rights Act

5. there is no status quo as Citi can continue to charge

 

There was some toing and froing including Citi arguing that the underlying issues are the same in overdraft and credit card claims but judge particularly commented on points 3,4 and 5 above. Citi said that if I proceeded and won they would appeal and timescales are then similar to the test case. Judge mentioned that a delay is also against CPR Over-riding Objectives rules and even if there was an appeal it would still be concluded before the test.

 

STAY WAS NOT GRANTED. Out of the 4 bank charge claimants I was the only one to appeal the Stay successfully and incidentally I was the only one who used CAG (incidentally the judge stayed two claims heard imnmediately in front of me).

 

On the downside it is now to go to trial in 6 to 8 weeks (I thought this was why we were there today) so another 200 mile+ round trip coming but it does give me more time to prepare.

 

I had tried last week to ask for full cost disclosure but response was that "judge was not minded to grant but asked defendant to note points raised". With hindsight I should have asked again today but the Stay application threw me completely off guard.

[Enron]

That's a shame, but I would be tempted to request for a wasted costs order, it was granted in my claim - albeit Citi paying it in a timely manner maybe another thing.

 

One thing to note, is don't put anything up here that you would be unhappy with Citi reading. As Brian's likely burning the midnight oil every couple of days and looking in here.

 

Might have a few extra points for you regarding Citi's costs soon.....

[Stornoway]

That's a shame, but I would be tempted to request for a wasted costs order, it was granted in my claim - albeit Citi paying it in a timely manner maybe another thing.

 

One thing to note, is don't put anything up here that you would be unhappy with Citi reading. As Brian's likely burning the midnight oil every couple of days and looking in here.

 

Might have a few extra points for you regarding Citi's costs soon.....

Cheers Enron - will PM you later tonight / tomorrow.

[Lula]

Jolly well done Stornoway,

 

Lol Brian, you having a sleepless night tonight?

[groovycaz]

Well done Stornoway in keeping the judge on side, one over on citi not getting their stay, I realy dont know why they would want to stay any proceedings as the OFT have already ruled on credit card penalties, so why should anything change there, I had a feeling after the DJ stayed my case that citi would try this tactic, best of luck in your fight..Gc

[Stornoway]

I'm now working abroad so had to ask for court date in November to be postponed and now waiting on new date coming through. I've asked the court if this hearing can be by phone conference as it'll be a real hassle if I have to come back to the UK. Citi did write three months back to say that they would be crediting my account with the differenece between the charge applied and the £12 level set by the OFT but surprise surprise - nothing ever was credited - they are completely useless. Slow slow process - now wish I had used ombudsman.

[Enron]

I'm now working abroad so had to ask for court date in November to be postponed and now waiting on new date coming through. I've asked the court if this hearing can be by phone conference as it'll be a real hassle if I have to come back to the UK. Citi did write three months back to say that they would be crediting my account with the differenece between the charge applied and the £12 level set by the OFT but surprise surprise - nothing ever was credited - they are completely useless. Slow slow process - now wish I had used ombudsman.

 

The legal process is a slow one, and think that Citi try and slow it even more by asking for stays and the like to deter people from claiming against them.

 

Raising the issue that Citi havent creditted your account with the difference, and having statements to back this up and a copy of their letter will do your case alot of good.

 

Plus we have a ton of other things for you to include in your bundle which are available on request.