kevmaxthom v citicards - **WON**

[kevmaxthom]

Sent out LBA 12th June requesting immediate payment of £189.

Recieved reply on 16th June basically saying Citicards is not my fiduciary, but a party to a contract for services that I freely entered into.

Citicards disagrees about OFT's interpretation of the law relating to penalty chrges.

To accuse Citicards of acting unlawfully is simply wrong and that the OFT has set a threshold of £12.

On this basis Citibamk are prepared to and have authorised a refund of the difference between the original charge amount(£25) and what the OFT state to be a fair amount to charge(£12) for the 7 occasions as a gesture of goodwill (total £91). In addition a refund of 8% of the £91, so total refund to resolve the issue is £98.28.

In the event that you still consider the default fees charged as being unfair and choose to issue proceedings then please note, that action will be defended and we will rely on this letter when the matter comes to court.

Any advice on next steps would be grateful.

Regards

Kev

[barracad]

Any advice on next steps would be grateful.

 

You should know what the next step is - you told them in your LBA - take them to court.

 

Incidentally, the OFT did not say that a £12 charge is a fair amount.

[kevmaxthom]

Thanks for reply. I will start court proceedings on the 26th June(14 days from LBA).

Regards

Kev

[kevmaxthom]

moneyclaim filed online 26/06/06

Claim No 6Q241421 for £219.00

[kevmaxthom]

You should know what the next step is - you told them in your LBA - take them to court.

 

Incidentally, the OFT did not say that a £12 charge is a fair amount.

Hi

Moneyclaim filed online 26/06/06.(Claiming £219) Received monthly statement 29/06/06 with £105.85 worth of previous charges paid INTO my account.

Any idea what happens now?

Regards

Kev

[lee6370]

Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

[kevmaxthom]

Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

 

Hi

Sent a letter as you suggested, received reply today(13th July) thanking me for the time to write blah blah..as previously advised in letter dated 16th June maximum refund would be the difference between original charge(£25)and what OFT deemed to be a fair amount(£12). If I intend to take this matter to court (which I did on 26th June) then they will defend action and rely on this letter.

I noticed that Andyace has had a result without filing moneyclaim?

Regards

Kev

[kevmaxthom]

Received letter from the judge stating I can use MY local court,also received defence claim from citi via their solicitor Brian Smith. When i submitted the moneyclaim online (26th June) citi owed me £175 + interest +court cost (£209 total) when I received my statement on 29th June I noted that citi had refunded me £98.28 into my account. Brian Smith is now saying I knowingly issued a claim for an amount that was incorrect.

Any thoughts on this?

Kev

[ncf355]

Absolute b******s from what I can see

 

You'd be able to prove the amount was credited after you started action, so Icant see he's got a leg to stand on with that argument!

 

Nasty tactics though, what a ...........

[BaldyBaldwin]

sorry to jump on your thread but can yuo tell me the address 4 a prelim to citicars????

 

Best of luck with yours

regards kevinlufflum

[kevmaxthom]

sorry to jump on your thread but can yuo tell me the address 4 a prelim to citicars????

 

Best of luck with yours

regards kevinlufflum

 

 

c/o The Manager

Citi Cards

CitiFinancial Europe PLC

1 Exchange Quay

Salford

Manchester

M5 3EA

 

GOOD LUCK !!!

[kevmaxthom]

Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

 

Hi

When do I inform the court of my part payment?

Regards

Kev

[kevmaxthom]

Received letter from Swansea county court. District judge has considered the statements of case and allocation questionnaires in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

Hearing set for October 16th 2006.

Looking closely at other claims against citi to see what they do!

Kev

[marcopolo]

Good luck with this one, I am watching with interest as I am awaiting my defence. Did you find the allocation questionnaire easy?

[kevmaxthom]

Yes, it is quite straight forward.

Regards

Kev

[rkilbride]

Hi kev

 

seems i'm in the exact same situation. I sent my LBA requesting £175 refunded and they have today replied offereing me the difference between the £20 and £12 fee totalling £91 which they are sending a cheque for as the account is closed.

 

I will keep an eye on your thread to see how it progresses as I think I will also need to go to court over this one!

 

Richard

[kevmaxthom]

Hi kev

 

seems i'm in the exact same situation. I sent my LBA requesting £175 refunded and they have today replied offereing me the difference between the £20 and £12 fee totalling £91 which they are sending a cheque for as the account is closed.

 

I will keep an eye on your thread to see how it progresses as I think I will also need to go to court over this one!

 

Richard

 

Hi Richard

Lickthewallfatboy's court case is set for September 26th. It will be interesting to see if Citi intend to take it all the way!!

Kev

[Smila]

Hi All

I'm in the same boat

Case listed for 21.09.2006 @11.30

Don't suppose anyone has any advise out there.!!!!

I really don't know what to do now!!!!

[gizmo111]

Hi All

I'm in the same boat

Case listed for 21.09.2006 @11.30

Don't suppose anyone has any advise out there.!!!!

I really don't know what to do now!!!!

 

Have A/Q to send in the next few days so I will be likely to be joining you both

[kevmaxthom]

Hi

Just returned from court.

Pm me for update.

Kevmaxthom

[lickthewallfatboy]

thanks for the PM Kev

 

cold feet setting in,perhaps?

 

maybe they are all beavering away on cobbling together a "breakdown" of charges for the court in Keren's case-or maybe they're just having a breakdown,now that they realise that they have sworn something under oath that may not be too easy to justify.......

[kevmaxthom]

Hi

Yes I was bemused that they didn't turn up. I must say the judge wasn't very impressed either. In hindsight I wish I 'd have pushed it further but there we go.

Kev

[adamski]

Can you tell us what happened Please PM me with details

Regards

adamski

[kevmaxthom]

Hi

Can some one advise me with this.

I received General Form of Judgement or order this morning.

It reads:-

Before District Judge Hendicott sitting at Cardiff County Court,Civil Justice Centre, 2 Park st Cardiff CF10 1ET.

Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

1.DIRECTIONS WILL BE GIVEN IN THIS CASE BY THE DESIGNATED CIVIL jUDGE.HIS HONOUR jUDGE G HICKENBOTTOM ON THE 21ST DECEMBER 2006 AT 10.30AM AT CARDIFF CIVIL JUSTICE CENTRE.

2.THE PARTIES MAY APPEAR IN PERSON OR MAKE WRITTEN REPRESENTATIONS AS TO HOW THE CASE SHOULD PROCEED PROVIDED A COPY OF THE REPRESENTATIONS IS SENT TO THE COURT AND THE OTHER SIDE AT LEAST 7 WORKING DAYS PRIOR TO THE HEARING.

DATED 20/11/06

 

I am unable to attend the court on this date as I will be out of the country, do I make an application to have it set aside, varied or stayed or provide a written representation to the court.

Any advice gratefully received.

Regards

Kev

[gizmo111]

Lots of people in Cardiff court that day http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing.html

 

Be just like Rosemary in Bedford- likely rest will settle and only Citi wil lturn up.