MKAndy Vs Citicards

[mkandy]

Just starting out today, just about to send out my SAR.

 

Originally i asked to remove a default notice they couldn't justify and got a snotty letter back pretty much telling me to bugger off. So now i'm going in for the whole hog.

 

Quick question, what two forms of ID are required along with the SAR, Copy of a driving license and a utlity bill?

[mkandy]

Got the reply back i was expecting today, wanting me to complete their own brand of SAR Form, any advice with this, looks quite long!

[mkandy]

SAR form sent back as they requested, stated in my covering letter that the date of the SAR starts from when they first recieved my letter, not when they recieve their form, especially as i directly indicated what i wanted AND included all necessary ID!

[mkandy]

The 40 days for the provision of SAR...is that business days or calendar days?

 

I sent my original request on 24/07/07, with necessary ID. They replied with the form, requesting ID again . I sent this out on the 07/08/2007. I confirmed in my second letter that the date of the request starts from when the recieved my FIRST letter as it clearly stated what i wanted and had the required ID.

 

What should i do?

[tiglet]

Send them the SAR LBA - they are required to comply with your request, no matter what form they use.

[mkandy]

I thought it was only relevant sending the LBA once i've calculated charges. At present, i havent the foggiest about the level of charges i've incurred

[tiglet]

No, send them the LBA for non-compliance with your SAR.

 

There is a template for it - if they don't comply, you can take them to court and as they ahven't complied within 40 days, you can also inform the information commissioners office.

[mkandy]

Speak of the devil...it turned up today!

 

The 'Manual Intervention' wasn't as conclusive as i had hoped, it's basically nothing.

[mkandy]

Request for Repayment sent today - I can't beleive how many charges i had, it makes for sickening reading...one month i had a £30 direct debit returned for the minimum payment, this resulted in £100's worth of charges!

[mkandy]

The 14 days (actual) had passed so i decided to send the LBA today, signed for.

 

When i got in, i had a letter from Citi confirming they had recieved my complaint and will get back to me as soon as possible.

 

Just a point for clarification, when requesting an organisation to respond in a set timescale (i.e 14 days) is this actual days or business working days?

 

Thanks

 

Andy

[tiglet]

If you've written "14 days" in your letter, opposed to "14 working days", then it is the former.

[mkandy]

Things seem to have gone quiet with the Citicards claims on here recently.

 

Are cases being stayed or are people just winning and not telling us all about it!

[mkandy]

So...nothing back from Citi in regards to my LBA. What a suprise!

 

I'm currently stalling at the minute, to learn the ropes more on what to do in Court, as i know the only way to get what i want, is to go.

 

I'm looking to have a default that they applied to my Credit file (without telling me) removed as well as having my charges reimbursed. I'm also claiming against Capital One at the minute, and found request for the CCA is a potentially good piece of leverage to use in my advantage for them to act more quickly (as they generally cant provide it).

 

Is this something i should try with Citicards? Have they been good(!) at providing CCA as requested within the legal time scales?

 

Andy

[mkandy]

Just realised something. I did actually apply for the CCA some time ago (before i started off asking for the charges back). Brian (the Citi Solicitor) informed me that the CCA didn't apply to them.

 

I guess this means they are already criminally in default...

[mkandy]

Had enough of sitting around waiting for Citi to reply now.

 

I'm going to file in court as soon as the funds allow, this is the biggest challenge i'm going to have, and truth be told, i'm cacking it!

[tiglet]

Don't worry, honey, you'll get plenty of support on here.

[mkandy]

If i can take you all into the court room with me, i'd feel much better!

 

It's more the recent loss that i read about that's put a downer on the Citi front. As it's probably going to be added to their defence, even though i know they STILL cant justify their claims.

[Enron]

Have you still not received your statements and CCA?????

 

--

Once you get to your claim:

 

Don't worry about the loss that other claimants have sufferred.

 

Small claims don't set case law, so any judge worth his salt will disregard any other case documentation that Citi come up with and judge a claim on it's individual merits.

 

Sure Citi have had victories, but at the same time we have had ours... though obviously the powers that be in Salfrod won't mention those.

 

The court may seem a daunting place, however your hearing will be heard in an office, the judge will most likely lead the conversation relating to the claim asking questions to either side. Once the ball gets rolling, any nerves you have will go.

 

The main thing is to prepare well, we know alot of Citi's weak points - and there are a fair few - and I have links for the majority of stuff to help compile your bundle along with instructions.

 

Most important thing, when you file your claim and receive the Allocation Questionnaire get in touch..... I have alot of stuff for you at this point.

[mkandy]

Thanks Enron - much appreciated.

 

In summary, i asked for a copy of the CCA a while back now, and was reliably informed that they were not required to provide me with a 'copy of the executed agreement', the letter went on to say my account was charged off for £XXXX in 200X and that i'm aware of that fact, as i'm no longer a customer i'm entitled to nothing basically - kindly returning my postal order for £1.

 

After that point i joined this forum, and read up more on the situation, i have applied for SAR and recieved all of my statements, and have now built up a schedule of charges. I've send the prelimary and LBA letters now, receiving a reponse stating my complaint will be dealt with in 40 days. Stalling tactics no doubt, as i've heard nothing at all.

 

Working to my timescales it's not pretty much time for me to file, i suppose the fact that the account is closed and fully paid off doesn't really require me to go down the CCA route, as it's wasted time. The default amount is less than the charges, and way, way more than my credit limit, infact more than £1000...

[mkandy]

I've left my Citi claim for a while, as i wanted to deal with Capital One first. Less stressful that way.

 

However, as i've just won against Cap One, it's time to file this in court.

 

Looking forward to it now

[Enron]

When you get to the Allocation Questionnaire stage let me know as I have some stuff for you to submit at the same time.

[mkandy]

Thanks Enron.

 

I have a bad feeling that my local court is going to stay the claim anyway, pending this test case, even though it's not linked. Saying that though, isn't the test case running shortly?

 

Either way, i'm getting a taste for blood now. I don't care who Citi stick in front of me, i'm not stopping until i get what i want.

[remus]

subbing, have just read through your cap1 thread as I have started a claim against them as well.

Congratulations:D, good to see that perseverance pays off

[mkandy]

Capital one is relatively easy compared to Citicards, but do go for it!

[mkandy]

Totally out of the blue as i haven't as of yet filed an N1 against Citicards.

 

They've sent me a settlement offer, of the difference between my full sum of charges and the OFT 'guideline' of £12, with the wording 'accordingly an ex gratia cheque for that amount has been enclosed with this letter in full and final settlement'

 

They have gone on to say that they will move to have any claims against them to their local court because they are a defendant and innocent until proven guilty. Therefore, should not be disadvantaged in defending itsself.

 

Needless to say, i'm not accepting the offer, come the end of the month i'm filing in court. Is there an templated letter for rejection of Citicards offers?

 

Thanks