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Citi Preliminary asking for costs too - Help needed Please

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  • #31
    Re: Citi Preliminary asking for costs too - Help needed Please

    yes I think Ill do that, I think its the best option will type it up now, Thanks for your help with this.

    Comment


    • #32
      Re: Citi Preliminary asking for costs too - Help needed Please

      So what do you want to do?

      You could email the solicitor tonight and state that you will accept the discontinuance of the claim, but only on condition that they refund the Statutory Interest at 8% and the court fee of £120 that was only necessitated because they originally denied all responsibility for overcharging and only admitted the amounts over £12 were unlawful after their intransigence had forced you to file at court to get justice.

      You would need to state that unless they accept this offer - with no order as to costs - then you will inform the court, detailing the issues and also the behaviour of the defendant's solicitors in misrepresenting facts to obstruct justice.


      If the solicitor thinks that they have you over a barrel, then they might refuse any offer and go to court thinking that you won't have submitted any evidence to counter what they would say. If you let them know that you will do this if they don't make a credible offer, then you must be ready to do this. In short, if you want to do this in writing only, you will need to have something ready to submit to the court of they are still obstructive and hope they can swing the court against you.
      ------------------------------- merged -------------------------------
      I suggest that this could be a draft Witness Statement, explaining to the court that it is brief because it was only compiled at the last moment because the defendant has refused to make a reasonable offer of settlement to negate the need for court intervention. We need to keep stressing their unreasonable behaviour.
      Last edited by Kafka; 18th April 2010, 21:08:PM. Reason: Automerged Doublepost

      Comment


      • #33
        Re: Citi Preliminary asking for costs too - Help needed Please

        Yes Thats fine I have have a fax so can fax the court, I am not the best at putting things together but Ill have a go.

        Comment


        • #34
          Re: Citi Preliminary asking for costs too - Help needed Please

          So just to clarify.

          1 You want to approach the sol ready for first thing, making a final request for settlement to negate more court time.
          • They refund 8% Statutory Interest on the charges, as discussed.
          • They refund the £120 filing fee, which need not have been incurred if Citi had not denied all responsibility for the penalty charges, though they have since admitted the amounts over £12.
          • There be no order as to costs.


          It needs to end with the clear indication that if they do not agree to settle you will inform the court of their refusal to make a credible offer to avoid wasting the court's time. You will also bring to the court's attention the behaviour of the defendants in misrepresenting facts in order to obstruct justice.

          Don't say you won't be going. Just ley them know this.

          Does this sound OK for part 1, while I do part 2?

          Comment


          • #35
            Re: Citi Preliminary asking for costs too - Help needed Please

            yes thats great will email them.

            Thanks

            Comment


            • #36
              Re: Citi Preliminary asking for costs too - Help needed Please

              2 Witness Statement needed ready to send if its needed, with the following sections.
              • Why the stay was in error.
              • The outline of the claim (avoiding mention of CI).
              • That they refused to refund any charges before you were forced to file at court.
              • That they forced a payment into your account without your agreement.
              • That they recently tried to use the erroneous stay to get the claim dismissed, knowing that this claim should never have been stayed.
              • That they tried to extort costs from as part of discontinuance, despite the fact that they had no grounds to do so.
              • Their unreasonable behaviour in refusing to make a fair offer that included the court fees that they had forced you to incur.
              • Their misrepresentation of the OFT's report on credit cards in order to justify the default fees applied to the account.
              • Their refusal to provide any evidence whatsoever to support their claims that their actual costs have successively exceeded both the £25 and £12 charges applied.


              We need to end with a statement of what you want to happen. I guess this should state what you would accept and why this is reasonable. That you see no reason to continue the court's involvement, providing the defendant acts reasonably and discusses settlement seriously, without seeking to mislead or threaten you.

              Comment


              • #37
                Re: Citi Preliminary asking for costs too - Help needed Please

                OK i'm working on this at the the moment will fax shortly.

                Thank You Kafka

                Comment


                • #38
                  Re: Citi Preliminary asking for costs too - Help needed Please

                  I have just heard from SL by PM. Today she received a favourable offer from Shoosmiths that exceeded expectations and has been accepted. I don't think she wants the details on forum - though no gagging clause - but I have the details if anyone needs them.

                  Comment


                  • #39
                    Re: Citi Preliminary asking for costs too - Help needed Please

                    Just thought I would update I have recieved a letter now from the court

                    Upon hearing solicitor for the Defendant and reading letter from the claimant.

                    It is ordered that

                    1. Any application by the defenant to strike out the claim be filed and served by 17th May.

                    2. Defendant shall file and serve in support of application witness statements, skeleton arguement and copy authorities.

                    3. Claimant to file and serve any furthur evidence in response by 15th June.

                    4. The matter shall be listed for furthur directions on 24th June reserved to Judge etc.

                    5. Costs in the case.

                    Obviously Shoosmiths had this before me or from the prelim hearing and this has led to their offer . I havent replied yet but I think we will accept their offer.

                    Thanks to all who helped big thanks to Kafka

                    Comment


                    • #40
                      Re: Citi Preliminary asking for costs too - Help needed Please

                      Basically they cut and run based only on the submissions. :yield:

                      I don't think their brief relished the thought of defending their actions to the court, in the way they had deliberately tried to mislead on the issues of wrongful stay, right to costs and the 2006 report. Woman with attitude was just too much for them :hail:

                      Comment


                      • #41
                        Re: Citi Preliminary asking for costs too - Help needed Please

                        :whoo::whoo::whoo:Thanks Guys

                        Comment


                        • #42
                          Re: Citi Preliminary asking for costs too - Help needed Please

                          SL - I would still like to see the final draft of the witness statement you sent because it seemed to turn the battle, and I didn't expect this if you didn't attend, es[ecially if they were there.

                          BTW I believe you still have grounds for a complaint to the Solicitors Regulation Authority for unprofessional behaviour here as they lied repeatedly to try to get money under false pretences. This is your choice, but I've been looking into this myself recently as I think we should be doing this en masse where the banks' solicitors have clearly lied - even to the courts - as so many of them have.

                          Comment


                          • #43
                            Re: Citi Preliminary asking for costs too - Help needed Please

                            The amount I said we would accept was The Total Charges of £300 plus the courts 8% interest to the present date of £134.98 is £434.98 plus the court fee of £120 is £554.98 less £156 already paid Total £398.98.

                            I recieved this email Friday

                            Interest on the charges totals £102.85 and, as such, our client's offer in full and final settlement of the sums claimed in these proceedings is £366.05.

                            Can anyone help me with my calculations please

                            I need to make sure the 8% is correct the dates were

                            05/10/03 £25
                            13/10/03 £25
                            13/10/03 £25
                            12/01/04 £25
                            11/03/04 £25
                            11/03/04 £25
                            09/07/04 £25
                            11/08/04 £25
                            07/10/04 £25
                            06/01/05 £25
                            05/06/06 £25
                            06/07/06 £25

                            I worked it out at £134.98 a few weeks ago?

                            Thanks

                            Comment


                            • #44
                              Re: Citi Preliminary asking for costs too - Help needed Please

                              You could put the figures into the spreadsheet, change the figureto 8% and it should work it out for you. But tbh, the difference is only £32.15,is it really worth the hassle?
                              Is no longer here

                              Comment

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