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    • "Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021".   I'd have thought it's a no-brainer isn't it?  You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR.  I don't see that any SAR response could possibly lead you to accept their decision.   (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there?  I presume there are no costs involved?)    
    • Hi   You are more than welcome as we are here to help.   What you have here are 2 seperate issues.   1. Rent Arrears/Termanation of the Property/Warrant for Possession   With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that.   I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement.  (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.)  If you do it this way I hope they accept this and fingers crossed.   2. The way they obtained your present address via facebook and then turning up at your address without notification.       In there letter they ask what outcome you are looking for now this is only my thoughts:   1. That they argee and accept a Payment Plan for those Rent Arrears.   2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed.   3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property.   These are only my thoughts on the matter but you can change or amend anything to suit yourself    
    • did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft.   there is no rush doing the N244 get your ducks in line 1st.   dx  
    • How long do I have to send the set aside form to  court? I am filling the form I will send it very soon  in question 10 which kind of evidence do I have to send?   Thank you    
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Ive been letting this one slip a bit because of other claims but my card was issued in November 2002 so I need to get a wiggle on now and Citi have played silly buggers long enough :rolleyes:

 

The story so far...

SAR - 26th April 2007

Prove who you are letter - 16th May 2007 replied 19th May 2007

Non compliance complaint letter - 13th June 2007

Data Received - 10th August 2007

CCA s 78 request - 10th August 2007

Reply to CCA request 23rd August 2007....

 

we have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, nor ae we seeking to enforce any agreement against you. Your right to be provided with this information from CitiFinancial ended with the assignment od your debt to NCO.

 

Confirmation of CCA Request Default 25th August 2007

 

Thank you for your letter informing me that you do not intend to comply with my section 78 request. Whilst it is true you sold the debt in its entirety to a third party without my prior knowledge there are matters that arise out of our contractual agreement which still have relevance today and therefore it is not true we no longer have a contractual relationship.

The Limitations act allows both parties to any contract to investigate contractual relationships up to six years old, as my credit card was issued in November 2002 all of my account is still within this period and therefore we still have a contractual relationship.

I will take your letter as an admission that you do not possess a credit agreement relating to my above noted account or any records relating to the payment protection insurance policy which you charged me for monthly and therefore confirm you are in breach of section 78 of the Consumer Credit Act 1974.

 

and so to court :D

 

pete

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Go get 'em, Pete!:)

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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'Ello Pete - we meet up in the funniest places!

 

Don't want to hijack your thread, so have started my own - see 'something stinks in the Citi'

 

Hope the mods approve!

 

Regards

 

Van

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  • 1 year later...

Well doesn't time fly when your working for a living :D but now its time to clear out all these old claims so my N1 has gone in to recover the charges Citi deducted, the card holder repayment protection insurance that mysteriously appeared after I had had the card for 2 years (and was totally useless as I'm self employed) and to remove the default from my credit record :)

 

Game on :D

 

pete

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Would be tempted to do a 31.16 CPR request to view the original executed agreement, on the basis that they have not complied with your s78(1) request and you want to see if it is properly executed.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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That said their statement that they are not obliged to give you a copy of your executed agreement is legally binding under s172 CCA 1974.

 

They will likely continue to enforce the agreement regardless though.

 

This will also make interesting reading for you:

 

http://www.creditlaw.co.uk/Documents/true%20copies.pdf

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 5 weeks later...

Oh dear no acknowledgment of the court papers from Citi :rolleyes: what a shame.

 

Get your cheque book out boys because your going to need to ask for a judgment by default to be set aside :D and if your not quick enough you may have to explain to a bailiff why you abuse the court process so much :D

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They're likely to come back and say they didn't receive it, which is another tactic to delay and stall proceedings that has been used in the past.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 months later...

Well I had a small hiccup in the proceedings caused by myself :rolleyes: but we are back on track now with the help of an N244 and £40 :cool: just goes to show stupid mistakes are easy to make.

 

They have acknowledged the resubmitted writ and requested a 21 day extension to prepare their defense so I assume they will be submitting their "formula" that supposedly proves the value of the pre estimated charges.

 

Does anyone have a copy of this formula so I can start to get my arguments together?

 

pete

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Do you have the draft order adopted by the court in your claim, which requires Citi to provide a full breakdown of its costs that would back up it's pre-estimates or have their defence struck out?

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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If you haven't been instructed by the court to exchange your bundle of document for your claim I would suggest amending this to suit your claim and submitting this to the court in writing for their consideration.

 

It has the benefit of bringing all matters to the fore so that the claim can be quickly dealt with by the court.

 

--

DRAFT ORDER

 

In the XXXXXX County Court

Claim number XXXXXX

 

Between

 

XXXXXXXX - Claimant

 

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

1. The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 3 weeks later...

Have now received a copy of the defence which I'm scribbling notes all over :rolleyes: it has highlighted a couple of things that I will need to sort out so I will get those done now :).

 

pete

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Be aware that if you win this case Citi WILL transfer any funds to the DCA which purchased your account.

 

I know it's a footnote but worth mentioning that you wish payment to be made to yourself and not a third party if you are successful.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Citi litigate in a very underhand manner so I wouldn't put it past them being difficult even if you won.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Notice that a Defence has been filed received from the Court complete with an AQ so no problems there :).

 

Time to start drafting my skeleton argument and getting the backup for my court bundle ready to print out when I have a hearing date.

 

Citi litigate in a very underhand manner so I wouldn't put it past them being difficult even if you won.

 

Thats what Bailiffs are for :D

 

pete

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Thats what Bailiffs are for :D

 

I threatened them with bailiffs and they coughed up 3 days later :)

 

See post 151

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/22162-elsinore-citi-cards-paid-8.html

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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I have a very good friend here who not only sent the bailiffs into capital one but also informed the local radio and TV stations, this was picked up by the national news people, she even made a brief appearance on national breakfast TV with an all expenses paid visit to London thrown in :D.

 

Threten?... nope they will be sent in and the media informed, they love a David and Goliath story... and against the banks.... its pure gold :D.

 

pete

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I preferred the money to the publicity ;)

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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  • 2 weeks later...

AQ in :)

 

Reading through the Defence there is quite a lot in there that is pure denial with no back up and one or two points I just don't belive... so after quite a long phone call with a certain Mr Fodder we worked out the way forward for now :)

 

pete

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