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Citiscam

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  1. @WhoCares1000and @ClydesmomI get that you don't agree with me. Lets not beat our children over spilled milk. I'm not here for that.
  2. @BackFromTheDebt any and all advice is appreciated. I am in the situation I am in, and I understand that. Lecturing me on how bad I was does not help me out of the situation. And it seems like a few people here are just looking at the past. I'm looking for advice on what to do in the future, not be told how bad I was in the past. I think advice from people like you is very useful. I do appreciative any tricks or advice on how I can beat this, or cause the least pain.
  3. @WhoCares1000 no one is benefiting from your lecturing. I don't understand it. And I think you slipped up "I don't think a company is allowed to get away with saying that our automated system " "OUR". I'm assuming you work for Citi and are trolling this board. My credit claim may not be as solid as I would like. But it is a claim. Citi has also 1. Sent a debt notice about me to a third person not related to this case. 2. Threatened attorney fees when they know they would not apply 3. Filed a lawsuit against me when I had already filed for arbitration. Causing further damage to by background check. All infractions of Rosenthal Act. So if you do work for Citi, you didn't play by the rules. There are consequence. As you've noted in your disciplinary lectures to me.
  4. I have never heard this many people act like a disciplinary. Holy Sh**. Relax everyone. I didn't like being screwed over by Citibank so I figured not paying their $6500 would be more effective than trying to file a complaint that would do nothing. They did mess up. They did falsely report me late. They did tell me I had no payment due, whether it be an automated system or live human. So there you have it. Do you REALLY think Citibank gives a Sh** about me?? Do you know how many customers they deal with a day? Do you know how many people default on them every day? Do you really think they have a dart board with my picture on it in legal department? Everyone that is saying that they are out to get ME is delusional. They have no idea who I am nor could they care less who I am. A guy who defaulted on $6500. Thank you to the people who gave me great advice on here. To the people who simply stated that I acted emotional and wronged Citi as a result, your opinion was noted. We can move on to a productive solution to helping me out of this.
  5. @kittycatAn arbitrator has not been selected yet. It is still in the hands of the case manager. Yesterday was the cutoff for Citi to pay their fee. I don't know if they paid it or not. The case manager said they would not give any extensions on that. Yesterday I submitted an answer to their counterclaim, a response to their objection to my motion to strike, and an amended complaint. So at this point the opposing attorney knows I have some legitimate claims, and hopefully knows that he won't be recovering fees. I was sent the settlement code of conduct by AAA yesterday. They mentioned the selection of arbitrator would come soon. It's a dumb fight for Citibank over $6500. They will pay way more than that in fees. But my experience with Citibank has shown me that they are a poorly run company with incompetent employees. It should have never come this far. All they had to do was remove the false credit reporting and I would have paid. That costs nothing to Citibank. I'm not sure what to offer them in settlement. Never been through this. Do I come out confident and ask them to pay me?
  6. @BackFromTheDebt That was taken from The Rosenthal Fair Debt Collection Practices Act California Civil Code §§ 1788 et seq. e) The false representation that the consumer debt may be increased by the addition of attorney's fees, investigation fees, service fees, finance charges, or other charges if, in fact, such fees or charges may not legally be added to the existing obligation; Citibank did put the fear of god in me by being dishonest about attorney fees. This should be illegal. Glad there is wording that covers it.
  7. @kittycatI'd imagine the attorney knew that he couldn't get attorney fees. That would almost fall under e) The false representation that the consumer debt may be increased by the addition of attorney's fees, investigation fees, service fees, finance charges, or other charges if, in fact, such fees or charges may not legally be added to the existing obligation;
  8. @kittycatLooks like you solved the problem of attorney fees. Great info! It does appear in CA CITI is out of luck on getting attorney fees. @BackFromTheDebt Thanks for this. I will research the exact violation for filing suit. Looking through this, I may have found another violation. The first attorneys for Citi sent a collection letter to an attorney who is not affiliated to my case, thinking he was my attorney. A third party. This may have been another boo boo for them. The attorney contacted me and asked me why he is getting letters about it.
  9. @BackFromTheDebt what clause should I be looking at in reference to Citi filing a lawsuit against me after I had already notified them I had initiated arbitration? This is my first arbitration. What law does that violate? The more information you can give me the better. So I can research it. Thanks Again!
  10. @BackFromTheDebtAwesome! This is the kind of stuff I was hoping to come across as advice. I know Hunt and Henriques was the first firm that sent me a notice. But not sure if they are the ones that filed the lawsuit. I can't pull a copy of the complaint, but will get it asap.
  11. @BackFromTheDebt I sent them a certified mail that was delivered on the 10th that had the AAA notice. They filed suit against me on the 12th.
  12. Well I appreciate the beat down. If I was dumb, I should be told so. I did just learn that they did file a lawsuit against me. I was just never served and was filing my arbitration at the same time they were filing the lawsuit against me. So I don't feel as bad now. I would have ended up in arbitration anyway. They dismissed the suit after they realized I filed arbitration. I don't understand how anyone thinks they would get attorney fees though. My case against them, though maybe not as solid as I thought, is not a frivolous case. I do have damages and I do still believe they breached by making an error(they did tell me I was on this Covid thing when I missed the payment, It was not a mistiming on my part). They reported false credit information and it caused me damages. Regardless of right or wrong. It is a valid complaint. So I don't see how anyone would award attorney fees. This guy's claim that if it is to collect a debt, companies are entitled to attorney fees, is not the case in CA to my knowledge. Otherwise all these default judgements this board talks about would have $10k extra in made up attorney fees. If I do chose to settle, what should I expect? Has anyone been through settlements with Citi? How much do they want these to go away? I'd assume they are still gambling on attorney fees and arbitration costs. Though I think their arbitration cost is only $300 now.
  13. @Clydesmom Have you ever worked for Citibank? You sound very partial to them. In my research I found that they have tons of complaints for false reporting credit. It's all over the internet. There is a clause in the agreement about credit reporting and it says that if you don't agree, they will research it, and if they still don't agree, the final results are that they "will tell you that". Oh thanks Citi, very kind of you. So in my opinion they breached the agreement by false reporting, I breached until we could find an understanding or communicate further on their breach of false reporting. They "let me know' then stopped communicating. And as far as a separate contract for Covid, no, there was no written separate contract for covid. It was verbal by the customer service agent. Yes, I am pissed that 'the man' false reported and do not think their breach goes unexcused. Obviously they have the upper hand because they are a billion dollar company. I thought this site was kind of a 'fight the man' site. Apparently I was wrong. If anyone else has some suggestions, please let me know. Though I do appreciate your feedback @Clydesmom and I agree with a lot of it.
  14. @Clydesmom My legal basis for not paying and making the demad to remove the 30 days late was that it was their error. Based on what I agreed to and what their automated message said, I did not have a payment due. Had I known I had a payment due, I would have paid it. They refused to remove false credit reporting. That I believe would be a breach of the credit card agreement. @WhoCares1000My letters and phone calls to everyone were very rational and stated just the facts. I made a very clear request and I believe the request was not unreasonable. Just remove the error in credit reporting and I will make the account current. I felt I had no leverage if I continued payments(not that anyone really has leverage over a huge company like Citibank, but..). I mean how hard would it have been to just say, ok, it was an honest mix up and Citibank did not make it clear you owed a payment, we will remove that 30 day late. I guess if you both think I'm screwed, I will also need to find some sort of technicality in discovery or procedural. Though I thought my error in reporting to credit bureaus was a good defense before it was torn apart by you 2 I wasn't expecting that. It was honestly why I stopped paying. And If it docked my credit score 100 points, how much worse could a default be. The answer is I had a 730(no lates ever), it went down to a 630 on the false Citibank 30 day late. Now it is 589. 630 and 589 are both crap.
  15. After reading this site and taking the advice of the experts of the site, I think I have myself in quite the pickle. Background: Over Covid I was put on a hardship plan by Citibank for my Home Depot card. I was told that would only take place for a few months, then I would have to reapply for the hardship where you could miss payments. I called and went online and thought I was covered under covid. I would call into the automated system and it would tell me I had no payment due. So all seemed well. Cut to a few months later I get an email saying my account was past due. I immediately called and asked what was up. The customer service agent said I was not in fact on the Covid protection anymore and was 30 days past due. I explained that I had called and went online and it said I did not have a payment due. She said the automated system isn't right. I said ok whatever. As long as my account wasn't reported as 30 days late to the credit report I would just pay the past due and continue payments. I had never been late since 2002 when I opened the card, nor do I have ANY late's on my Credit report, ever. The Citibank agent said they would see if they could remove the 30 day late. She came back and said no, 30 day late must stay on. I told her I will not pay another dime until that 30 day is removed. Long story short, I sent letters to upper management, legal, spoke to every manager I could. They all refused to remove the 30 day late. I made it very clear that I would pay any over due amount instantly if they removed it and would never pay Citibank again if they did not remove it. This 30 day caused a 100 point reduction on my credit score and all my other accounts were reducing my credit limits as a result. Citibank refused. I went into default on a $6500 Home Depot card. I received a collection letter from Hunt and Henriques saying they were going to file a lawsuit. Based on this board I decided to go the aggressive route and file an arbitration. Boy did that backfire. I figured Citibank would just ignore it, $6500 wouldn’t be worth their time. WRONG. They hired Stroock Lawfirm to represent them in arbitration. They immediately filed a counterclaim against me in arbitration and asked for attorney fees. I filed a Motion to Strike the attorneys fees and he answered saying Citibank is entitled to them, saying, First, the Card Agreement (at p. 14) clearly provides that Citibank may recover its reasonable attorneys’ fees if an account is referred to an outside lawyer to recover the debt. Second, The arbitration provision states: “All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law.” Third, Claimant asserts a claim under “state and federal consumer collection laws” as well as violation of the Fair Debt Collection Practices Act. Under California Civil Code section 1788.30(c) (a provision under California’s consumer collection laws), “[i]n the case of any action to enforce any liability under this title, the prevailing party shall be entitled to costs of the action. Reasonable attorney's fees, which shall be based on time necessarily expended to enforce the liability, shall be awarded to a prevailing debtor; reasonable attorney's fees may be awarded to a prevailing creditor upon a finding by the court that the debtor's prosecution or defense of the action was not in good faith.” Thus, the arbitrator is permitted by law (i.e., Section 1788.30(c)) to award fees in this action should the arbitrator find that “the debtor's prosecution or defense of the action was not in good faith.” Though I don’t agree with these. If the arbitrator does, I probably just tripled my original debt amount with Citibanks outrageous legal fees. Any advice on how to move forward is appreciated. Taking the advice of the board and filing arbitration and being aggressive seems to have seriously backfired.
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