Mike v Citicards

[bacon sandwich]

Hello everyone!

 

I am part way through my claim with Citi and thought I would pick your collective brains about what happens next, and what Citi are likely to do.

 

I started the process back in March but I didn't file my N1 until June. My claim is for a total of £1176.75. Citi have acknowledged the claim and I have received their defence.

 

Para 6 states;

 

The Defendant admits that, during the life of the acount, the Claimant breached the contract on 32 seperate occasions and that £775, not £873 as pleaded, was debited to the Claimant's account by way of late payment and overlimit fees, as per the Terms & Conditions of the Agreement.

 

I have been through all my statements and my figures are right. What, if anything, do I do about this? Also, they have paid back £403 (the difference between the £12 they say is fair and the £25 I was charged) into my account without my knowledge. Do I have to let the court know about this?

 

Para 10 states;

 

The Defendant avers that the Claimant's claim is not a money claim but a damages action and further avers that the Claimant's interest calculation is not applicable to this action or, if it is aplicable, that is is wrong and the Defendant puts the Claimant to froof that this interest is owed.

 

Can someone translate into English for me??

 

Any help that you can give me would be greatley appreciated.

 

Mike

[Enron]

You'll find that the defendant routinely will say that they owe you more or less than the amount of your claim - normally it's £50 one way or another.

 

Though obviously triple check your figures and make sure they are correct.

 

It's happened on at least 10 occasions that I am aware of to different claimants - so it's a tactic which some would argue is used to confuse claimants as much as possible.

 

Paragraph 10, it's the same as the one I received in October 2006. And think that its a standard cut and paste response that they send out to people.

 

If you still have a balance with Citi, don't worry their own terms & conditions refute paragraph 10.... but then again some would say those weren't referred to in compiling the defence documents.

[bacon sandwich]

Thanks for that Enron,

 

I decided to join this site as there seems to be more people on here experienced in taking Citi on.

 

I must admit that I am a little nervous about the whole thing. Abbey were a pushover compared to this lot! But I won't give up!

 

There is another letter waiting for me at the delivery office. I think this will be from Citi as I'm not expecting a recorded A4 letter from anyone else!

 

I will keep you all up to date with developments.

[Enron]

If you have any questions don't hesitate to ask.

 

Citi have alot of weaknesses in the defences they are mounting, which I highlighted at my hearing this past week.

 

When you get to the stage of filing in the Allocation Questionnaire let me know, as I will have something for you to help get the draft order adopted.

[bacon sandwich]

Right!

 

Got my AQ today and I have until the end of the month to return it.

 

What's the plan Enron?

[Enron]

PM'd you all the details.

[lancasterchelsea]

If you win you upgrade yourself to a BLT

good luck

[bacon sandwich]

If you win you upgrade yourself to a BLT

good luck

 

Sorry, I strongly believe that putting lettuce and tomato with bacon is a moral outrage!!!

 

The only thing to put with bacon is a fried egg or sausages, or both!!

 

Enron,

 

Thanks for the info you sent me. Plenty of ammunition there! My AQ is all filled out and ready for posting.

 

I will keep you all up to date with any developments.

[bacon sandwich]

Hello!

 

Just got the AQ back from Citi. It looks like Brian Smith has died from shame as this one came back from Eversheds in Cardiff!

 

Strangely enough, they didn't ask for the hearing to be moved to Salford so that saves a bit more letter writing to stop that happening.

 

I'll just sit back and wait for my day in court now as I doubt Citi will be on the phone wanting to settle!!

 

Watch this space!!

 

Mike

[bacon sandwich]

Hello!

 

OK, got the letter from the court today saying that the claim would be stayed until the OFT case is sorted out.

 

I have a letter already typed out and ready to send to the court basically to stick the stay up where the sun don't shine cos I'm in a fighting mood.

 

I have noticed on the AQ from Eversheds that they are calling a witness. Anyone know who that may be? or will it be a witness statement?

 

Ta!!

 

Mike

[Enron]

Eversheds, is this a legal company representing Citi Cards?

[gizmo111]

Did Eversheds write your defence or was it Brian smith, or amybe David Travis?

[Enron]

And is the witness named?

 

If its their director of finance, or accountant we'd have some very interesting questions for them if they did turn up.

 

From memory I think that earlier Citi AQ's had one witness in the documentation - allowing them the capacity to bring someone along if they wanted.

[bacon sandwich]

Hi folks,

 

Yes, it was our good mate Bazza Smiff who sent the defence and the AQ came back from Eversheds solicitors in Cardiff.

 

The witness is not named on the AQ and both the covering letter and the AQ itself is just signed "Eversheds LLP". However, I have an email for Claire Pleece on the back of the AQ so not sure who actually typed it.

 

I'll be sending my request for the automatic stay to be lifted tomorrow as my case has nothing to do with the OFT case against the banks. Actually, does anyone know if I would have to send a copy of this request to Citi/Eversheds?

 

I'll keep you all up to date with any developments.

 

Mike

[gizmo111]

Have you had a notice of change of solicitor?

[bacon sandwich]

Hi Gizmo,

 

Nope, nothing like that has been received.

 

As I said earlier, I got the defence from Bazza and the AQ from Eversheds.

 

Mike

[Enron]

Citi must be very busy to be farming out it's claims.

[carolm65]

Hi

My bundle came from Evershed, my court date is 2marrow, phoned Citi today asked if they wanted to settle, they declined as thery have a good case, and would see me 2marrow, now I'm worried. Will let u no the outcome.

[megan34]

Dont let them scare you - theyre 'good case' is probably theyre 'citi v potter' one - the one and only that they keep waving . The one thing I would advise - as I had seen on here so m any times - be PREPARED - get your file in order - have answers ready if asked - the judge went through all of our papers int he file - and it was only a set aside hearing.- but he did remark on us having a lot more case notes to look at than citi - they only had there potter case! - so go looking as though you mean business - with all your paperwork in a big file!

http://www.consumeractiongroup.co.uk/forum/citicards/114452-megans-other-half-citicards.html

[carolm65]

Hi

I'm not sure what i need to say or if i no the answers to the questions, i just don't want to get it wrong.

[bacon sandwich]

Carol,

 

Relax and as Megan said, be prepared.

 

Try and figure out what you want to say and write it down. Make bulletin points for every point you want to get over to the judge. Don't babble on at 1000 words per minute as you'll only get yourself lost and wind up the judge.

 

In most cases I have read, the judge will help you as much as they can as they appreciate that this will be your first visit to a courtroom. The barrister for Citi can sod off! They do this kind of thing for a living.

 

By the way, Citi don't have a good case. They don't have a case at all. The law, and everyone on here is on your side.

 

Good luck

 

Mike

[carolm65]

Hi

do you no what a draft order is, and do i need one.

[gizmo111]

Have you a e-mai lI will send you some stuff - but it is as bit late now

 

What did you put in your bundle?

[carolm65]

hi

just the basic bundle fro this site, i did send a letter to the judge about citi wasting time and pre estimate figures.

[bacon sandwich]

Hello folks,

 

No news yet on my appeal against the stay being put on my claim but thought I'd let you all know that I haven't given up!

 

Had to send the appeal off again as the court hadn't received it. I sent the second one recorded so I'm waiting again.

 

I'll keep you up to date with any developments.

 

Mike