skintboy69 v. Citi Sharks

[skintboy69]

Greetings to you all and may the Force be with you. (particularly where these guys are concerned).

 

Let me give you a bit of background 'cos I'm going to need advise.

 

They have managed to turn an unsecured £750 card debt into about £2500 and with a charge on my house which they took despite my offering to pay a set amount each month.

I know it's mostly my own fault because I didn't defend the action, but until a month or two back - when I found this site - I thought that there was nothing I could do anyway.

 

I sent my subject access request earlier this month. They received it 11/5/07. Today I received from them what I assume is ther standard form asking for 2 proofs of identity etc.

 

Having read it carefully several times there are a couple of things I'm not happy with:

 

1) They say they will supply the required information within 40 days of satisfying themselves that I am who I say I am. I think the 40 days begins when they receive MY request. Can anyone confirm that?

 

2) They ask you to sign a declaration that I understand the nessessity for them to satisfy themselves of my identity and that they may require more proof in the future (delaying the start of their 40 days even more).

 

I believe that my cheque, from the bank I have always used, 2 signatures and two other forms of identification should be more than enough.

 

I intend completing their form, deleting those items I think inappropriate and sending a covering letter explaining why.

 

What do you think??

 

Cheers T.

 

ps Sorry it's sooo long. :oops:

[skintboy69]

Sorry again I've just re-read my previous!!! The grammar sucks.

 

One last thing: they say they can refuse to provide the data if it requires 'disproportionte effort' to locate it. They quote Data Protection Act 1998 Section 8(2).

Is this correct or just another tactic??

 

Cheers T.

[miss muppet]

Don't complete what I assume you mean is their i.d. form to get the S.A.R - (Subject Access Request), after all they have managed to find you up til now with no difficulty, if you must, enclose photocopy of utility bill, not sure about reclaiming charges when you have a charging order but no doubt someone more knowledgeable will happen along.

[skintboy69]

Thanks for this reply (and the other) miss muppet.

I think their penalties and the charge on property are two separate issues. They didn't have to establish the 'legality' of their penalties to get a charge on the house and anyway, that was done by their tame debt collectors, not citi bank themselves.

 

I would really appreciate ANY opinions from the great and the good out there, both on the points I have raised and the wisdom (or otherwise) of posting on this sub-forum bearing in mind our 'friend's' monitoring activities.

 

Cheers

T.

[skintboy69]

I can't believe it's 2 years since I first started this. .

 

I took my eye off the ball for a while, but now after a fair bit of success elsewhere I'm back on the case.

 

Citi sent all the statements and things in 2007. I have now (finally) got round to producing a schedule of charges and that, together with the initial request letter will be in the post tomorrrow.

 

I can't wait to see how they respond.

 

Keep the faith, T.

[Enron]

They'll follow standard procedure, and defend against your claim unless its a relatively small amount.

[skintboy69]

Hi Enron. Thanks for calling in.

 

I've read through a lot of threads and it's clear that these guys play hardball.

 

Someone's got to have a go though otherwise the bar stewards will continue to get away with it. I don't mind donning the wig and getting up on my hind legs.

 

Whatever happens is whatever happens.

 

Cheers, T.

[silverfox1961]

Hi Skintboy,

Just subbing to your thread as I'm in a similar position to you only my claim is much younger than yours.

 

http://www.consumeractiongroup.co.uk/forum/citicards/202950-fox-citi-sar.html#post2209520

 

I'm doing a non compliance letter over the weekend

 

fox

[skintboy69]

Hi Fox.

 

I've just read through your thread. They took much longer than 40 days to send my stuff through, but they did send a couple of letters in between to apologise and to say they were still on the case. (it will be a case in a couple of weeks if they don't play ball).

 

When they finally pay up (I have faith ) it will pretty well clear what I owe them and while they don't bother me, we have an arrangement, I will be glad to clear yet another debt.

 

I'll wach your adventures with interest.

 

Keep the faith.

 

T.

[skintboy69]

Yo Enron, (or anybody else who knows )

 

I am sending my prelim. to the SE5 7ZF address. Is that the correct one??

 

Cheers, T.

[skintboy69]

Preliminary letter sent recorded delivery today.

 

The countdown has begun.

 

T.

[Enron]

Did you send recorded?

 

Normally you'd send to their customer services where correspondence is dealt with - then later file any claim at their head office address.

 

Nothing surprises me about Citi anylonger, after all look at their invovlement in the downfall of Enron...

[skintboy69]

Hi Enron.

 

Yes, the letter went recorded delivery. I checked with Royal Mail today and it hsn't been delivered yet. Nor has another to HFC. So much for their claim that 90 odd % of first class mail is delivered the next day. That certainly isn't my experience.

 

Anyway, they have 14 days (+1 I surpose). If they don't respond the LBA will be sent.

 

I don't intend to cut these guys any slack timewise. If I stick to my timetable i might have resolution by christmas (2012).

 

Cheers, T.

[Enron]

If you need a hand with anything let me know.

 

Certainly we know alot of their weak points when it comes to defending charge claims, and are more than aware of their delaying tactics, dodgey cost pre-estimates etc.

[skintboy69]

Thanks Enron. I'm sure I will as the claim progresses.

 

I've got a fair bit of experience under my belt now but every claim and every defendant is different. I'm not expecting an easy ride with this lot but, like the man said, a penny recovered is a penny earned.

 

Keep the faith.

 

T.

[skintboy69]

I received an acknowledgement of my complaint today, about 9 days into their 14, if you follow me.

 

It tells me that they are investigating my 'complaint' and will endevour to to resolve it within 8 weeks. This timescale, they say, is in accordance with regulations set out by FSA .

 

Happily for me, but unhappily for them, the timescale I am adhering to is in accordance with the regulations set out by Skintboy - the FSA are far too busy sorting themselves out for the House of Lords to bother with my little issue.

 

My LBA will be in the post on 23rd of this month and, if they don't play, I will issue my claim at the County Court 15 days later.

 

Keep the faith.

 

T.

[skintboy69]

LBA went in the post yesterday. The second countdown has begun.

 

T.

[skintboy69]

Today I received a letter from Citi offering to refund the difference between the £25 they charged me and the £12 they have been forced into by the FSA. It's not a bad letter (from their point of view) and it says that the £25 was a 'genuine pre-estimate' of their losses in the event of a late payment etc. They must be veeeeery inefficient if their costs are that high, especially as the cost to all the other banks etc is only a couple of shillings.

 

Their offer is only open for 14 days from date of letter.

 

I shall send them the standard 'part payment' letter, maybe with a more realistic counter-offer. Do these 'people' negotiate??

 

If not the N1 will be in the post in about 10 days.

 

 

Cheers,

 

T.

[Enron]

No they don't normally negotiate.

 

Keep pushing for a full refund, if its under £500 they'll settle, if not they'll likely defend in court - that said if you can get the draft order adopted which will avoid the waste of valuable court time they will not comply with a court order for a breakdown of their costs.

 

Citis pre-estimates of their costs are very shakey, in that they dont seem to modify them year on year.

[skintboy69]

Hi Enron. Thanks for the info.

 

My claim is for more than £500: it's actually over £1500 before interest under sec. 69. That said, I am claiming charges + CCI.

 

I will stick to my original strategy. If they choose to reject my offer I will see them in court. It won't be the first time .

 

I'll keep you all posted.

 

Cheers,

 

T.

[Enron]

Citi are likely to request a stay, but there are ways to try and get around this if you proceed to court.

 

We know alot of their tactics etc, so get in touch after filing your N1.

[skintboy69]

They can stay it for 5 or even 10 minutes if they want, but anything longer is a definite no no.

 

Thanks for your support Enron. I'll be in touch.

 

Keep the faith.

 

T.

[skintboy69]

Received their 'Final Response' letter today: it's pretty much a carbon copy of their first offer, slightly different words, identical amount.

 

I'll complete the N1 at the weekend (as if I haven't enough to do ) and deliver it, by hand, to the court on Monday.

 

Let battle comence .

 

Cheers, T.