Castlebest in the Citi

[Castlebest]

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

 

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

 

pete

[elsinore]

Go get 'em, Pete!

 

Els

[vandermerwe]

'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

[Castlebest]

Van you know I dont mind a little hijacking especialy if theres a laff invloved will chack yout thread out

 

pete

[vandermerwe]

No laff this time, Pete, I just want advice.

 

Am composing this morning.

 

Have just realised that's Freudian given my avatur!

 

Regards

 

Van

[Castlebest]

Well doesn't time fly when your working for a living 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

 

pete

[Enron]

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.

[Enron]

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

[Castlebest]

Oh dear no acknowledgment of the court papers from Citi 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 and if your not quick enough you may have to explain to a bailiff why you abuse the court process so much

[Enron]

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.

[Castlebest]

Well I had a small hiccup in the proceedings caused by myself but we are back on track now with the help of an N244 and £40 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

[Enron]

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?

[Castlebest]

No at the moment its a fairly straight forward edit of the CAG POC's for charges, PPI and interest, I didn't add any draft directions.

 

pete

[Enron]

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.

[Castlebest]

I know just how to do this thanks Enron

 

pete

[Castlebest]

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

 

pete

[Bosund]

Subbing

[Enron]

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.

[Castlebest]

Good point Enron but in this particular case the DCA was paid in full back in 2005 so any refund would have to come to me.

 

pete

[Enron]

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

[Castlebest]

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

 

pete

[elsinore]

Thats what Bailiffs are for

 

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

[Castlebest]

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 .

 

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 .

 

pete

[elsinore]

I preferred the money to the publicity

[Castlebest]

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