Groovycaz v Citicards Citi set aside next week

[groovycaz]

Hi all

Citi applied for a set aside which is heard nexy week, the amount of my claim is about £600, they already repaid me £250 which is the difference between £25 charge and £12, of course they got their figures wrong,

I will attend the set aside hearing how and have already writted to the district judge with a draft order for full disclosure, Is there anything else I need to take with me anyone please...GC

[MARTIN3030]

Welcome to the site.

send a pm to Gizmo.

[groovycaz]

Hi all

Got a statement from citicards this morning showing an outstanding balance of £15.03, dont know what citi are playing at ,they know that my ablance is nil, I sent them a Notice pursuant to s. 10 of The Data Protection Act 1998. after fraudulent transactions on the card (for which I obtained a crime number after involving the police) they refunded the amount spent resulting from the fraud and the £15 03 is interest from the fraud, how many more times do i have to write to these idiots, my balance was nil before this took place so should still be nil now:-x

[groovycaz]

Groovycaz

Claimant

 

and

 

CityFinancial Europe Plc

 

Defendant

 

1. The Defendant is a credit card company whose registered office is 87 Castle Street, Reading, RG1 7DX.

 

2.The Defendant admits that the Claimant had a credit card account ("the Agreement") with the Defendant at all material times during the relevent period and that the Claimant currently has an outstanding debit balance on his account of £618.25

 

3.The Defendant avers that the Agreement with the Claimant contains terms entitling the Defendant to levy default fees and avers that the Claimant was aware of and agreed to the same as before entering into the agreement.

 

4, The Defendant denies that the same are:

 

4.1 a disproportionate penalty and unenforceable or irrecoverable as penalty charges at common law and/or

 

4.2 invalid under the Unfair Contract Terms Act 1997 and/or

 

4.3 under the Unfair Terms in Consumer Contracts Regulations 1999; and/or

 

4.4 unreasonable under section 15 of the Supply Of Goods Act 1982

and puts the Claimant to proof of this by specific reference of the case law relied on and/or the exact citation of the relevant parts of the sections of laws and regulations relied upon.

 

5. The Defendant denies that it has unlawfully debited the Claimants account. The Defendant avers that the particulars of claim do not particularse the exact amount claimed nor the dates upon whih the amount claimed arose and puts the Claimant to strict proof of this.

 

6. The Defendant avers that between 2001 an 2006, the Claimant breached the Agreement on no fewer than 25 occasions, entitiling the Defendant to debit monies to the Claimant's account by way of default fees, as per the Terms and Conditions of the Agreement. however the Claimant has had a number of these fees reversed previously which the Claimant has givn no credit for in her claim.

 

7. The Claimant is claiming as a money claim a sum equivalent to that which she claims was unlawfully debited to this account over the term of the Agreement in late payment and overlimit fees. This claim is entirely based on the recent OFT statement on the alleged unfairness of such default fees. The OFT stated that the level at which default charges, though not the principle of default charging itself, was unfair in the context of the Unfair Terms in Consumer Contracts Regulations 1999. It also reported that the charges were, in its opinion, a penalty contrary to common law principles of damages for breach of contract.

 

8. The Defendant has agreed to abide by the OFT report and adopt a lower level of default fees which it has set at the new industry standard of £12. Over the lifetime of the Agreement the Claimant has set its default charges at £25.

 

9. The Defendant has made an ex gratia payment to the Claimant of £247 which is the difference between (i) the current default fee of £12 and(ii) the amount at which default fees claimed were charged to the Claimant. The sum of £247 has been refunded to the Claimant's account.

 

10. The Defendant avers that the Claimant's claim is not a money claim but a damages action and further avers that the Claimants interest calculation is not applicable to this action or, if it is applicable, that it is wrong and the Defendant puts the Claimant to proof that this interest is owed. Specifically, as the Defendant is a credit institution and not a deposit taker, it cannot set off default fees against money held on account. As such, it cannot be held liable for interest on a notionally paid debt rather an actial one. It is avered by the Defendant that it is only from the time of any such payments that interest could have accured on such payment as if it were a debt.

 

12. Save as otherwise admitted, the Claimant's Particulars of claim are denied and each and every allegation in the Particulars of claim is specifically denied.

 

Ive checked my figures and they are correct, wonder where paragraph 11 is, hope they not going to try and sneak it in the back door

 

Anyone know if this is the standard defence...GC

[lickthewallfatboy]

8. The Defendant has agreed to abide by the OFT report and adopt a lower level of default fees which it has set at the new industry standard of £12. Over the lifetime of the Agreement the Claimant has set its default charges at £25.

 

 

that sounds like a cartel agreement to me.....

[icepop55]

Hi Gc

 

Good luck for tomorrow and happy hunting.

[groovycaz]

Hi Ice

thanks for that, no doubt they will get their set aside then default on disclosure, another of their time wasting tactics, got all my ammo ready for tomorrow;-)

[groovycaz]

Hi all,

they got their set aside, waiting for a court date:( ..GC

[icepop55]

Hi Gc

 

What a waste of tme. Sorry Gc, another day.......

[groovycaz]

Hiya Ice

Well the stupid city must have money to throw away, all the way from manchester to the north east for 15 mins, the way i look at it is that when thay do give me my money back "and they will" it will be boosted further with the added interest and what with the wasted costs order, it should come in handy in time for xmas, I can wait.... GC

 

ps Ive been thinking about changing my POC when it comes to AQ time, I think its only £35 and you never know:D ...

[groovycaz]

Hi all

got a court date 8th August... Allocation Questionnairs be dispensed with

AND THE ATTACHED DIRECTIONS APPLY

Thank you Gizmo...ha ha ha

[ingleby]

groovy, nice to see your in the north east, so when they applied for a set aside you attended court, did you need to take anything with you ?

[groovycaz]

Hi ingleby

I sent the draft order for directions to the court before the set aside hearing, and the judge has taken them into account so it was well worth doing it, apparently citi often get judgement against them because they dont file defences etc, and then they apply for a set aside, im going for the wasted costs order aswell..GC

[ingleby]

brilliant, any chance you could pm me so I can get a copy or some advice as i have also noticed they do this quite often

[groovycaz]

ingleby sent you a PM

I wont be around after tomorrow afternoon off to GLASTONBURY for the weekend to get drunk and plough through the mud.. ha ha ..got me wellies ready and me plastic mac...GC

[groovycaz]

Hi all

just a quick question, if citi fail to comply with the Draft Order do I then apply for a wasted costs order or do I include it in my court bundle..GC

[Enron]

Think that you submit a wasted costs order after your claim is complete and you've got your funds back.

 

Then you submit the wasted costs order when you have a full picture of what persuing this has cost.

[groovycaz]

Hi Enron,

well its now my time to get my money back, thanks for all your help when gizmo was on holiday, im in the process of puting together my court bundle, if anyone can help me with a copy of the Associates Ts & Cs as I threw mine out a long time ago, Ive got a copy of the revised Ts & Cs from Citi which I will add.. will keep you all updated GC

[gizmo111]

Pm sent

[icepop55]

Good luck Gc

[groovycaz]

Thanks Ice,

I cant wait to get one over on citi, theve dragged this out forever, ive also found a thread on the site tonight about Future Mortgages who are part of citigroup, I took out a £5000 second mortgage on my house in 01 and repaid it early but I know i was ripped off with the redemption figure, Im so glad im one of those hoarders who keep all statements so it will be round two next il keep you posted..GC..

 

ps your fight seems to have lasted forever but your time will come, best of luck;)

[gizmo111]

Thanks Ice,

I cant wait to get one over on citi, theve dragged this out forever, ive also found a thread on the site tonight about Future Mortgages who are part of citigroup, I took out a £5000 second mortgage on my house in 01 and repaid it early but I know i was ripped off with the redemption figure, Im so glad im one of those hoarders who keep all statements so it will be round two next il keep you posted..GC..

 

ps your fight seems to have lasted forever but your time will come, best of luck;)

 

 

I had one of them from future as well!

I SAR'd them but have put it on the back burner - this one you ned to send a copy of the redemption to trading standards as it is covered by the CCA and they wil llet you know if it has been calculated correctly.

[groovycaz]

I bet they are as bad as Blemain Finance when it comes to secured loans, the dealings ive had with that company are shocking, Gc

[groovycaz]

HELP DESPERATE!!!!!!!!

 

Have to hand in my court bundle today and still need a copy of The Associates terms and conditions, anyone?..GC

[gizmo111]

I'll try to get it to you in the next hour - keep an eye on fax

when is hearing