I was reading the 2010 CITIBANK cardholder agreement.
I noticed under Late Fee section that Citibank did not follow the agreement. It states
" The fee is based on your account balance as of the payment due date. The fee will be $15 on balances up to $100; or $25 on balances of $100 or more
. However, for any additional past due payment during the next six billing periods
after a past due payment the fee will be $15 on balances up to $100; $29 on balances of $100 to $250; or $35 on balances of $250 and over.
The fee will not exceed the amount permitted by law."
Well ain't this interesting!!!! - Jan06-Feb02,2010 statement
Minimum payment due $86.57 New Balance $5,450.27
Next page of billing statement shows under Purchases - Standard Purch $5,484.97 at 7.74%
That $5,484.97 is under Balance subject to interest charge! It's $34.70 higher than actual balance of account. - Payment due date is 03/01/2010 - interest for the period is $32.57
Next months statement Feb03-Mar02 2010 statement
Minimum payment due $213.07 New Balance $5,531.37
Last standard purchase made on account 02/12/2010 - netflix charge for $9.60Late fee posted 03/02 $39.00
Interest charged 03/02 $32.50
there is a Notice of changes to your interest rate
it states " You have triggered the variable Penalty rate APR of %28.990%. This change will impact your account as follows:
Transactions made on or after 03/23/2010" As of 05/05/2010, the Penalty APR will apply to these transactions. We may keep the APR at this level indefinitely.
Transactions made before 03/23/2010: Current rates will continue to apply to these transactions. However, if you become more than 60 days late on your account, the Penalty APR will apply to these transactions as well." Can they legally do this on PAST transactions that were agree to at 7.74%?? They just breached their own contract by charging $39.00 late fee on first miss or late payment on account!
Plus their numbers don't jive at all
On the Mar03-Apr02 2010 statement they created a new line item under purchases as Pur Pr 032310 and show balance as $5,549.00 at 7.74%
Apr 03 - May04 2010 statement the PurPr032310 balance is now $5,586.20 at 7.74%
It also shows that a Standard purchase of $39.13 at 7.74% was made but there was transaction for this! No date nothing I DID NOT HAVE ANY PURCHASES OR USE OF CARD SINCE 02/12/2010
May05-Jun02 2010 statement (LAST STATEMENT SENT - ONE USED AS EVIDENCE) now shows PurPr 032310 as $5,622.45 at 7.74%
It also shows that a standard purchase of $79.15 at 28.99% was made but there was no transaction made. HOW CAN PURCHASES PRIOR TO 032310 keep rising?
Even if they count interest charges and late fees as standard purchases they still don't add up right at all. They have serious flaws in these numbers.
As I was never given a chance to validate this debt. What are my options with a pending Summary Judgment hanging over my head. Trying to file a motion to dismiss and move it to arbitration on tuesday.
I think my best bet is to file with Jams and countersue the OC and Attorneys representing them. How do you make the Lawfirm a Respondant when filing a Claim with Jams?