Citibank -Getting ready to be served.

[mylumnad]

I live in IL and I am getting ready to get sued by Citibank (or an assignee). I will give you all of particulars once I get served. I live about an hour west of Chicago. Does anyone know what local law firm(s) Citibank might use? Thanks for your time.

[Downto0]

Do a search of your courts online for Citi.

[mylumnad]

I checked the court website and I don't see any search options? Am I just missing it?

http://www.cic.co.kane.il.us/

[WhoCares1000]

Type in Citibank and you will get tons of results.

Personally, I think the court application is a piece of feces but it does work. Go to the most recent cases and look through them.

[mylumnad]

Holy crap...I went through it..and it is so archaic I got mad and stopped...slow and useless...

[ADSOFT]

Careful how you answer to Citibank, they are an OC and I was at court today, it's very easy for them to get a judgement.

When you answer deny the amounts as they always charge more after you close your account. If they raised your interest rate, you might also want to claim breach of contract, so you can make them prove that they gave you notice to raise your rate. .... it will delay judgement. I say Citibank getting default judgements and summary judgements all day and online. Seems that defendents agreed they owed the $$, so Citibank just asked for MSJ because if you agree you owe you have no defense.

You want to make sure that you disagree to the amounts and possibly them raising your rate, that will slow things down and Citibank just might slip. .... though I really doubt it.

You will then either be able to settle for a lesser amount or ask for arbitration. Just because you have a contract/CC with them doesn't mean you owe them what they are suing for or that you make them prove every rate hike and every penny theyare suing for. They have to prove every penny and provid a contract and witness, which they will try, but I will be that you don't owe what they are suing for since that keep tacking on charges for 6-8 months after you stop paying: which you are not obligated to pay and is a violation of FDCPA, misrepresenting a debt.

Look up BILL OF PARTICULARS.

[mylumnad]

Thanks ADSOFT,

In April of 2010, I sent them a letter disputing the legality, accuracy and propriety of the interest charges and late fees added to my account. I asked that certain information be provided in an attempt to reconcile the disputed debt. I also stated that if not response was received (Within 30 days) I intended to send them a settlement check in complete and full satisfaction of the disputed debt. When no response was received, a settlement check with restrictive endorsement stating that depositing the check would constitute full satisfaction of the disputed debt was sent to Citibank. The check was deposited and cleared and not returned within 90 days. On the back of the check the following was stamped: "Endorsement and deposit of this negotiable instrument constitutes, under Illinois Uniform Commercial Code Section 3-311, your acceptance of this check as final payment in full and complete satisfaction of our disputed debt as set forth in the prior letter to you dates 4-29-10." Anyway, I know UCC and Accord and Satisfaction issues can get tricky but I tried to follow the letter of the law as best I could. Thanks for the advice, I am probably going to need it! I will probably hire a good lawyer if/when I get served.

Edited November 19, 2010 by mylumnad

[ADSOFT]

Thanks ADSOFT,

In April of 2010, I sent them a letter disputing the legality, accuracy and propriety of the interest charges and late fees added to my account. I asked that certain information be provided in an attempt to reconcile the disputed debt. I also stated that if not response was received (Within 30 days) I intended to send them a settlement check in complete and full satisfaction of the disputed debt. When no response was received, a settlement check with restrictive endorsement stating that depositing the check would constitute full satisfaction of the disputed debt was sent to Citibank. The check was deposited and cleared and not returned within 90 days. On the back of the check the following was stamped: "Endorsement and deposit of this negotiable instrument constitutes, under Illinois Uniform Commercial Code Section 3-311, your acceptance of this check as final payment in full and complete satisfaction of our disputed debt as set forth in the prior letter to you dates 4-29-10." Anyway, I know UCC and Accord and Satisfaction issues can get tricky but I tried to follow the letter of the law as best I could. Thanks for the advice, I am probably going to need it! I will probably hire a good lawyer if/when I get served.

That may be enough to win your case.

Why are they still suing if you sent a check?

If it were me, when and if they sue, I would respond as follows:

1) I don't owe any money

2) Breach of contract on the part of CitibanK (they cashed check and didn't answer your letter/disputes)

3) Dispute all amounts.

4) If you are disputing stuff that happened at a time beyond the SOL for your state, also claim SOL. ... you might want to do that anyway if you go back to your statements and they charged you incorrectly.

What ever you do, don't agree that you owe Citibank the amount requested and that you don't have $$ to pay. Alot of people were doing that and Citibank would just ask for a Summary Judgement since defendent agreed to amount and basically there is no defense to that.

Deny amounts, deny obligations, and if they didn't answer your dispute properly they(citibank) are in breach of contract.

.... DON'T ROLL OVER hoping for sympathy, ... they will laugh and step on you.

Sounds like you have a good case.

[mylumnad]

IF they try to sue me, I am definitely going to counter sue them for malicious litigation. They never answered any of my letters and especially my dispute letter, so I am going to hand their asses to them in court.

[ADSOFT]

IF they try to sue me, I am definitely going to counter sue them for malicious litigation. They never answered any of my letters and especially my dispute letter, so I am going to hand their asses to them in court.

You have an excellent defence, make sure you hold on to that document. If they don't respond then it's breach of contract, HANDS DOWN!!!! Make sure you keep your copy of the agreement in a safe place and read it to see what their responsibilities are, THEY HAVE TO ANSWER. Keep a copy of your statements were the dispute is. .. keep your proof.

I'm not sure what your rights are under a breach on their part, but I would THINK, that you could stop paying untill they fix the problem and not report you late. Make sure you understand your rights if they breach. You still are responsible for the amount prior to their breach, but without reading the contract I'm not sure what your rights are, I'm pretty sure you don't have to pay, or are not responsible for not paying from the time they breached.

If it's been past the SOL for your state since they breached, you don't owe them 1cent, and if it were me I would take them to court to have all negatives removed from your credit and restore you credit history up to the dispute, however maybe the SOL would work both ways and they don't have to do anything if its past before SOL.

But if it's before the SOL, I'm pretty sure you can take them to court and get everthing restored and all lates taken off your credit.

Eithier way, with that letter you got them, either they restore (before SOL) or you don't owe a dime(after SOL).

Sounds like you have a way out.

[ADSOFT]

Thanks ADSOFT,

In April of 2010, I sent them a letter disputing the legality, accuracy and propriety of the interest charges and late fees added to my account. I asked that certain information be provided in an attempt to reconcile the disputed debt. I also stated that if not response was received (Within 30 days) I intended to send them a settlement check in complete and full satisfaction of the disputed debt. When no response was received, a settlement check with restrictive endorsement stating that depositing the check would constitute full satisfaction of the disputed debt was sent to Citibank. The check was deposited and cleared and not returned within 90 days. On the back of the check the following was stamped: "Endorsement and deposit of this negotiable instrument constitutes, under Illinois Uniform Commercial Code Section 3-311, your acceptance of this check as final payment in full and complete satisfaction of our disputed debt as set forth in the prior letter to you dates 4-29-10." Anyway, I know UCC and Accord and Satisfaction issues can get tricky but I tried to follow the letter of the law as best I could. Thanks for the advice, I am probably going to need it! I will probably hire a good lawyer if/when I get served.

I just reread this, they don't have a case and you shouldn't be responsible for stuff since april(if what you said is true). Keep all your docs.

[mylumnad]

Thank you good sir, I am ready to fight them if they come knocking

[mylumnad]

Did you get my e-mails adsoft?

[ADSOFT]

Yep, I got your email.

Do you still owe these guys $$$? Are they sending you letters that you have a balance?

[mylumnad]

They claim I do

Yep, I got your email.

Do you still owe these guys $$$? Are they sending you letters that you have a balance?

[ADSOFT]

They claim I do

Well, if you sent them a settlement check, was it for the amount they asked for, or what you thought you owed them?

[mylumnad]

Well, if you sent them a settlement check, was it for the amount they asked for, or what you thought you owed them?

Here is what I sent them on 4/29/10.

To whom it my concern;

I have recently reviewed your billing statement that you sent me and I dispute the accuracy and manner as to how you calculated the principal and interest, and other costs and fees that you now claim I owe to your company. Specifically, I believe that you;

1.) Wrongfully charged me interest that was higher than allowed in accordance with our agreement;

2.) Wrongfully increased your rates without out giving me proper notice and in violation of our original agreement;

3.) Incorrectly calculated, and increased your other fees and costs that have been improperly charged to me; and, finally,

4.) Incorrectly calculated all these charges resulted in in several billing errors that now appear on my statement.

Therefore, in order for me to accurately review my account so I can determine the amount of debt that I may owe you, if any, and to resolve this billing dispute, especially the manner in which you assessed your interest rates, fees, and other costs, please send to me the following documents and business records:

1.) A copy of the original application that contains my signature;

2.) A signed copy of your acceptance of my application;

3.) The name of the state in which you are domiciled;

4.) The name of the state where my application was accepted;

5.)A copy of the signed original agreement;

6.) Copies of all the notices that you sent to me advising me of the effective dates of all changes and increases in the interest rates, and the amounts of each increase that was charged to me;

7.) Copies of all notices sent to me advising me of the effective dates of all increases in late fees, service charges, over limit fees and all other costs, and the amounts of each one of these increases, that were charged;

8.) Copies of all documents, and billing statements, that discloses the dates and the total amounts of money you charges, as well as the dates and total amounts you were paid, for each one of the different interest rates, late fees, service charges, over limit fees and other costs on this account;

9.) A statement as to whether my account has been sold or otherwise been transferred to any other entity; and

10.) Copies of any other records that support your claim as the the accuracy as to how the current principal, interest rate, fees and costs which appear on my latest statement were calculated;

At this time, I dispute the total charges you claim are now due and the manner in which all your charges were calculated.

B advised that if you do not respond to my request, or fail to properly respond within the legal time period, I intend to sent a settlement payment in complete and full satisfaction of this disputed debt.

Please promptly provide the documents and information requested along with written explanation as to the legal basis which justifies each time you increased my interest rate and added late fees and other costs, as this information will help me determine the validity of the dispute which I have as to the amount of money that you claim I owe.

All communication must be in writing only, and must be mailed to the billing address included on my statement.

I mailed the letter on 4-29-10. When no response was received, a settlement check with restrictive endorsement stating that depositing the check would constitute full satisfaction of the disputed debt was sent to Citibank. The check was deposited and cleared and not returned within 90 days. On the back of the check the following was stamped: "Endorsement and deposit of this negotiable instrument constitutes, under Illinois Uniform Commercial Code Section 3-311, your acceptance of this check as final payment in full and complete satisfaction of our disputed debt as set forth in the prior letter to you dates 4-29-10."

[mylumnad]

At any rate, I have retained a local lawyer who is a bulldog at this stuff.

[Downto0]

On the restrictive endorsement...how would you establish this?

My wife has an auto loan with Citi and she sent in a check for payment this time. I just looked at the debit for the payment and there is not a copy available of the check. I think you will find that Citi electronically debitted your account and basically threw the check away. Or, at least, this is what Citi would probably say if you brought up the restrictive endorsement.

However, if you are able to establish that Citi did endorse a restrictive endorsement check, then you would seem to have them over a barrel.

[mylumnad]

On the restrictive endorsement...how would you establish this?

My wife has an auto loan with Citi and she sent in a check for payment this time. I just looked at the debit for the payment and there is not a copy available of the check. I think you will find that Citi electronically debitted your account and basically threw the check away. Or, at least, this is what Citi would probably say if you brought up the restrictive endorsement.

However, if you are able to establish that Citi did endorse a restrictive endorsement check, then you would seem to have them over a barrel.

1.) In my dispute letter dated 4-29-10 I stated, "Be advised that if you do not respond to my request, or fail to properly respond within the legal time period, I intend to sent a settlement payment in complete and full satisfaction of this disputed debt." I waited 30 days and then I sent the check with the restrictive endorsement. They had 90 days to return the payment under the law. I reached out to them in good faith with a bona fide dispute, they never responded so it is all on them (IMO). However, I am sure that it will be decided in court eventually. I will of course keep the forum posted on any developments.

[Downto0]

Saying that you intend to send a restricted endorsement check does not establish that you did. You have a "he said, she said" situation.

You could make the claim but expect Citi to say that they did receive payment but they transferred the funds electronically and the check, in a regular way of doing business, was destroyed.

[mylumnad]

I guess so, I have a copy of the front and back of the check and proof it was cashed. I did everything according to the IL state statute. I have proof that I disputed my debt and they never responded to the dispute. I also let them know the check was coming and they chose to accept it. I guess a judge will decide the rest.

Saying that you intend to send a restricted endorsement check does not establish that you did. You have a "he said, she said" situation.

You could make the claim but expect Citi to say that they did receive payment but they transferred the funds electronically and the check, in a regular way of doing business, was destroyed.

[Downto0]

I have a copy of the front and back of the check and proof it was cashed.

I take it that you made a copy of the check before you sent it and that you have a bank statement which shows that amount being withdrawn by Citi?

Or, do you have a copy available from your bank showing the front and reverse with Citi's endorsement? This would establish that Citi did get the check, signed it, and withdrew the money. You would have them.

If it's the former, then you don't.

I like your idea about the restrictive endorsement but Citi will claim that the check did not have the restrictive endorsement and you won't be able to prove otherwise unless you do have a copy available from your bank with Citi's endorsement.

I would still make the claim and take a chance that the judge will believe you and will try to find a way to give you favorable judgment.

One argument would be to ask that Citi produce the check. If they could not then your argument would be that you do have a preponderance of evidence and that Citi has destroyed the legal document in an attempt to conceal evidence. The fact that Citi commonly destroys checks as a regular way of doing business is no excuse to not actually read the check and set it aside if there are legal implications involved.

[mylumnad]

Bingo. Citibank is on the hook as I did photocopy the check on both sides and then mailed if WELL after my dispute letter in which I stated I would send said check if they refused to respond to my dispute. http://ftc.gov/bcp/edu/pubs/consumer/credit/cre16.shtm

"The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter."

Citibank never acknowledged my dispute letter and cashed the restricted endorsement check. And if they did destroy the check then like you said, they destroyed a legal document.

I take it that you made a copy of the check before you sent it and that you have a bank statement which shows that amount being withdrawn by Citi?

Or, do you have a copy available from your bank showing the front and reverse with Citi's endorsement? This would establish that Citi did get the check, signed it, and withdrew the money. You would have them.

If it's the former, then you don't.

I like your idea about the restrictive endorsement but Citi will claim that the check did not have the restrictive endorsement and you won't be able to prove otherwise unless you do have a copy available from your bank with Citi's endorsement.

I would still make the claim and take a chance that the judge will believe you and will try to find a way to give you favorable judgment.

One argument would be to ask that Citi produce the check. If they could not then your argument would be that you do have a preponderance of evidence and that Citi has destroyed the legal document in an attempt to conceal evidence. The fact that Citi commonly destroys checks as a regular way of doing business is no excuse to not actually read the check and set it aside if there are legal implications involved.

[ADSOFT]

I'm sorry but I don't get it.

Are you saying that you didn't like how they raised your rates so you paid off the account and now they are saying that you never paid? .... but, they cashed the check?.

... if that is the case I and they report me late I would send them proof they cashed it and a demand letter to correct you credit report or that you will sue for the amount of the check and violations of FDCPA and FCRA. I would also report them the the FTC.