Court Hearing v CITI

[NWB1960]

Hearing, scheduled for this Friday for my claim regarding Credit Card charges:have not been able to agree a settlement so far.Claim is for under £1500 and has been ongoing for 2 years.Company legal team have now forwarded by e-mail a Witness statement + Statement of their costs for my reference I presume.Is this standard procedure.Any advice regarding the above would be appreciated

[natweststaffmember]

Re: Court Hearing v CITI

Can you scan up the details and remove your personal details?
Can you explain what you have done so far and what, if any, offers have been made by Citi and why you rejected any that were offered?

[Budgie]

Re: Court Hearing v CITI

Hi NWB1960,

It's a bit short notice with your hearing being tomorrow, for us to try and provide you with any assistance.

But, hey we can give it a go.

Is there any way you could post up a bit more information, including their latest witness statement ( remember to remove any personal identification information ).

Some details about what you have claimed for etc etc. As much information as you can really so that we can see how best to assist.

Budgie

PS - Where is your Court hearing being held?

[NWB1960]

Re: Court Hearing v CITI

Info received by e-mail and also through post as follows
1)Witness statement 4 pages
2)Statement of costs 2 pages
3)OFT report 32 pages
4)Default fee justification 2 pages

Company offered to pay back 6 years charges from the date I lodged my complaint with MCOL(04/2009),however complaint first lodged wth them 16 months previous(01/2008),so they wanted to write off approx 40% of my claim.

Have followed the standard route i.e. statements/1st letter/2nd letter/summary of charges ect.
Do not have a scanner but can e-mail any docs
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Hearing is being held in Preston 1000 hrs
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Claim is for under £1500.s

[ROBSTER]

Re: Court Hearing v CITI

They can forget the old six year scam for starters.

Correct me if I'm wrong but:

No reasonable person realised that the charges were anything other than the actual cost of administration until Feb 2006 when John Fingleton Issued his OFT investigation into Credit Card Charges.

It was at that point the man on the street or "on the clapham omnibus" first realised that the charges actually represented an excessive charge for the "service" provided (or even a penalty).

The statute says that the six years starts from the moment of discovery, not from when the offence was committed.

I would therefore argue that the six year law mearly means you have until Feb 2012 to do something about all the disputed charges (no matter how old they are).
------------------------------- merged -------------------------------

Info received by e-mail and also through post as follows
1)Witness statement 4 pages
2)Statement of costs 2 pages
3)OFT report 32 pages
4)Default fee justification 2 pages

Company offered to pay back 6 years charges from the date I lodged my complaint with MCOL(04/2009),however complaint first lodged wth them 16 months previous(01/2008),so they wanted to write off approx 40% of my claim.

Was the offer without prejudice?

Have followed the standard route i.e. statements/1st letter/2nd letter/summary of charges ect.
Do not have a scanner but can e-mail any docs
------------------------------- merged -------------------------------
Hearing is being held in Preston 1000 hrs
Do you mean 10 o'clock (as aposed to 1000 hrs set aside for the hearing)?
------------------------------- merged -------------------------------
Claim is for under £1500.s

Keep us posted & good luck

[Budgie]

Re: Court Hearing v CITI

You may email whatever you have through to me if you like.

I will PM you my email address.

I am most interested in their witness statement, statements of costs and default fee justification.

Robster is 100% correct on the limitation argument.

Regards Budgie

[Amethyst]

Re: Court Hearing v CITI

Have a look at the redacted internal report by the OFt on this link OFT confirms Credit Card Default Fees were HIGHLY UNFAIR under the UTCCR - Legal Beagles

As Citi have included the 2006 report in their bundle it may be they are going to try rely on the £12 assessment as fair (think citi already have an £8 figure in an court in NI) but anyway as we know the £12 isnt a fair figure merely an intervention figure, and the report on that link backs up the Unfair Term argument.

But looking forward to reading their arguments before getting into too much depth, was just chatting with Budgie about it and thought a quick look may be beneficial to you.

[NWB1960]

Re: Court Hearing v CITI

Thanx.

[ROBSTER]

Re: Court Hearing v CITI

I hope he does well & wish him all the best

BUT with a bit more notice LB's could have been so much more helpful.