MKAndy Vs Citicards

[wilko1]

I've been reading the thread with interest and I'm now going to go for my charges back.

 

I'm not trying to hijack this thread, I just thought I'd ask for some advice and get started off in the right direction before I start my own thread.

 

I had a card with Citi who sold the debt to Hillsdens, they got a charging order and the house was sold 4 months ago, the debt was paid off in full including the unfair charges.

 

I'd like some advice on who do I chase for the charges back? How do I get started? and which would be the best forum to put my thread on?

 

Any other advice and suggestions would be vey much appreciated.

[Enron]

The charges would be paid by the original party that billed you them.

 

i.e. Hillsden will not be responsible for the actions of a third party, if Citi billed you the penalty charges then they will be liable for them

[mkandy]

What's the best course of action for me? ICO for Data Protection Act breach, or another court claim?

[mkandy]

Not much of an update, as i've been busy with work and Christmas, but the fun and games continue.

 

S.10 Notice served to Citi around 2 months ago, no response obviously. Sent signed for though, so i have proof it was received. Contacted Experian to complain about the unsubstantiated default Citi are recording against my credit file, no response well after 28 days from Experian.

 

What's the best course of action to take to speed up proceedings?

[Enron]

I'd be very interested to see what Citi would say if Trading Standards contacted them with regard to the unsubstantiated default you have against your credit file.

 

Would suggest giving that a go as a first option, obviously supplying proof of the s.10 Notice DPA 1998, copy of recorded delivery slip and confirmation of delivery to Trading Standards.

[mkandy]

Good idea that. Citi literally have nothing to substantiate the default, no CCA, no proof a default notice was ever sent out (all manual intervention has been 'purged'). All of this coupled with the fact they had judgement against them for unlawful charges which make up the amount of the default make it hard for them to defend really.

[Enron]

Worth a go, get in touch with TS and let me know how you get on.

 

I'd be interested to hear their response to an s.10 request when TS enquire as to why they have not complied, there is no legislation that supercedes this unless in a very limited set of circumstances that do not apply here.

[MARTIN3030]

TS will tell you to route your data protection act breaches to the Information Commissioners office.

However you could cite the 2008 unfair consumer terms regs-in that Citi have failed to uphold recognised codes of conduct-specifically those their data controller would be expected to be doing.

Equally they could be cited as being in breach of the BBA code.

Although voluntary-its still expected that members should follow the prescribed guidance-including the revisions that were added in March 2008.

Theres interesting things there under Data protection,permissions,and also complaints handling.

I think more people should use the 2008 regs to nail them on these things,not least because the regs are very clear and so can be easily applied.

Edited December 31, 2008 by MARTIN3030

[mkandy]

Second complaint sent to the ICO.

[Enron]

I've just put in a complaint to the ICO about Citi's default, so we'll see what happens.

[mkandy]

Hopefully something, i've got something which may come a cropper for Citi..!

[MARTIN3030]

I think Andy's dealings with the ICO and their response that it could be a 6 months turnaround,make litigation acceptable in the interim of it being investigated.

The basis being that Citis non compliance prevents the claimant from exercising their rights,and frustrates the possibility of any action the claimant would be entitled to take if they were given the data.

[MARTIN3030]

I am in the process of putting together something that can be sent to the FOS and Consumer Direct which cite breaches under UCTR 2008.

[mkandy]

Unfortunately I do not think i can take the CCA route, my account is now closed, and was closed at the time of my initial litigation with Citi. I do have a question though, if judgement was awarded in my favour, all be it in default. Does that mean that because Citi have failed to defend, their charges must have been unlawful?

[MARTIN3030]

You are entitled to CCA documentation whether the account is open or not.

If Citi sold the account,the onus would be on the assignee to provide it(since the documentation should have accompanied the account) without this then the sale is not legal...or certainly does not afford the assignees the legal right and power to collect or attempt to collect and alleged debt.

 

This appears to be something Citi have flouted continuously.Although there now appears to be a change in Tacs (see recent poster)whereby Citi have taken -or allegedly taken the account back,after failing to provide the docs under the CCA to the assignee.

But again - How can any assignment be legal in the first place if they do not hold the relevant documents ?

 

 

Insofar as default by Citi goes,by default you have won the case-but Judgement will be entered on the basis that they failed to comply with Civil Procedure Rules/Court orders,rather than the charges were shown to be unlawful.

[mkandy]

Still no response from the ICO on this one, how about you Enron?

 

I'm thinking of stepping up my attack as this default is actually causing me financial hardship with mortgages/loans that sort of stuff.

[Enron]

I'm still waiting, i'm led to believe it could take upto 6 months.

 

Got a letter going off to the ICO with some additional information, doesnt put Citi in a good light, plus spotted something very important in their entries against my Experian credit file.

 

MKAndy, if your account is with a third party ie. DCA request a copy of the executed agreement via them, if your account is paid off then the CCA request will serve no purpose for you unless you want to try and reclaim your payments which would be tricky in the extreme.

[mkandy]

All charges have been refunded on the account, so that matter is largely settled. My problem is the default only now. Is it worth entering into further litigation with Citi just to get this removed? I received default judgement against them last time, so didn't prove either way if charges were unlawful.

[MARTIN3030]

How are things regarding the ICO complaint ?

You should have addressed this as part of the claim.

With default judgement you would be entitled to seek compliance if this was part of the claim.

Default removal is something that Banks and FOs hate to do.If they have no pressure to do it (or are legally forced) then you will struggle in my opinion to get them to agree.

[mkandy]

How are things regarding the ICO complaint ?

You should have addressed this as part of the claim.

With default judgement you would be entitled to seek compliance if this was part of the claim.

Default removal is something that Banks and FOs hate to do.If they have no pressure to do it (or are legally forced) then you will struggle in my opinion to get them to agree.

 

Nothing back from the ICO yet unfortunately.

 

I did mention default removal, but rather stupidly did not back it up with a statute. I merely said i wanted the unsubstantiated default removed.

[MARTIN3030]

This should have been brought up at the time of JBD.

You would need to file another claim asking for an order to force removal.

You would obviously be expected to have dialogue with Citi before then and get a final response.