Ooh - there we are! My signature says £758 but I think that was for a bank charges claim. Can't remember if it was PPI as the dates on my signature don't match with what B'Card have sent.

Hi all, I used to frequent these forums years ago and was successful in getting money back from Nationwide who promptly closed my account (like they used to, dont know if it is still common practice) and helped others do the same. Around that time (2007) I sent a PPI request to B'Card, and they rejected my claim saying that I was not mis-sold PPI. Yesterday I received a letter acknowledging that they said that I wasn't missold PPI, but now saying that they have reviewed my case and agree that I was missold PPI. It says they will provide a refund, and they offer a refund of the premiums paid, as well as interest on the premiums paid, plus 8% statutory interest as compensation. They say they are unable to calculate because they cannot find any record of the premiums paid, so have worked it out as an average. They say that my PPI policy started on August 2000 and ended April 2001, and no ppi premiums were received after this date. (probably because I stopped paying - oops!) They have worked out that the total payable back to me is £210.67, based on £103 paid in premiums. I have several questions. 1) If I can't find my original documents (I've not even looked yet), can I send another SAR to get my statements and work out the correct amount myself? 2) When can I claim interest until? If they made a mistake in 2007, when they should have originally paid out, can I claim interest back until today? Or until 2007, when they originally said no? 4) Is it worth contacting a PPI claims company to look into this? 3) Should I just accept what they are offering and be done with it? (incidentally, it is £10 less than what I still owe on the account) Any help would be GREATLY appreciated! Many Thanks

Well, nearly 18 months later and I'm back - but still with no news! Hubby lost his job (about 6 weeks ago now) and seeing as he was the main earner, things are EXTREMELY tight now. Especially as we have been blessed with a baby on the way due in Jan, plus all the cost of xmas, and usual household bills. It would be really helpful of them to pay up NOW! I have tried the hardship route, but SCM have written back twice with the same letter saying that they are still looking into it. The last one I received was about 6ish months ago now. Like many others I suspect, I am getting pretty fed up of all this now, having first started my claim back in 2006. At the time it was just under the 5k limit for Small Claims Court, but what happens now? Do we still claim back to 2000 plus interest for the last 3 years whilst it's been stayed? Or do we have to lose 3 years and only claim back till 2003? Well 2004 (or later), by the time it's all finally sorted? I was looking at taking it through the Ombudsman, but there is a section at the bottom which says something about if you have taken Court action they can't help you - so what now? I am truly stuck. Stuck with what to do now, if there is anything I can do? Stuck for money, still with bills to pay, and am worrying constantly! Any ideas?

Sent my rejection and LBA on the same day - 18th April. Just received a reply this morning:- FINAL RESPONSE I write further to the complaint you raised with regard to default charges applied to your account. I am sorry that this matter has not been resolved to your satisfaction. I have reviewed your complaint and detail my findings below. OUR UNDERSTANDING OF YOUR COMPLAINT You feel that the charges incurred on your Barclaycard account are unfair and you have requested a refund of the charges plus interest. BACKGROUND TO THE EVENTS LEADING TO YOUR COMPLAINT Following publication of the report by the OFT, Barclaycard reduced our fees to £12.00 with effect from August 2006. Therefore we agreed to credit your account with the difference between the charges that you incurred and £12.00. Having checked our records, I can confirm that you have been charged fees totalling £772.20 including 8% interest; we refunded 319.68 of these charges. SUMMARY OF OUR INTERNAL INVESTIGATION In the circumstances, as a gesture of goodwill, I have credited your Barclaycard account with a further £452.52 representing the remaining charges. However, we believe that our charges are fair and reasonable and then it goes on to say about the financial ombudsman, etc, etc. I'm confused. I'd like to know, how they have come up with a total, that is way off my total, when presumably we have both got our figures from the same paperwork, i.e. the ones they sent through to me?!?! My figures work out to be £758.53 BEFORE the 8% interest is added. Do I have to accept this now or can I still proceed with the court action? What should be my next step? On a side note - the debt has been passed to Calder Financial. They sent me a letter saying that there was a settlemt opportunity available. On the 19th March the balance (according to them) was £1,162.94. They sent another letter on 1st April saying that the balance was £1,156.86. Actually, thinking about it, I am on a repayment plan with CCCS, so the difference might be from their payment.

Thanks for the info. I'll tell him that he should have a word with his employer and see what they say. Funnily enough he has been talking to a colleague who mentioned that he may need to fill out a self assessment. His expenses are mainly for petrol and toll roads. They are roughly £180p/month. He has never been told to provide any receipts, although I do keep them anyway. I'm not sure if his employer claims the VAT.

Ooh, thanks for that. Where does he stand now then? Is it a matter for his employer or the tax office? Or as it says expenses on his wage slip, would the tax office, just tax him on his wages and not his expenses?

To be fair, I did think that Bonus should be taxed anyway. But I don't think it's fair, for instance, that he pays tax on his petrol, then pays tax again when he gets re-imbursed for it, as he is not getting the full amount back. Same with all his expenses. It has been happening for about a year now, and I keep moaning at him about it, but he just says that that is how everyone gets their expenses, so they (his company) are not going to change it. He doesn't get an adjustment, it just shows as expenses and then the amounht he has claimed. Perhaps he should increase his expenses by, what's the current rate of tax, 22%? And adjust for it himself, lol!

Hi all, My husband gets expenses every month. He used to get them in a form of a cheque, but when he changed offices, they said they cannot do that anymore, so they pay it in with his wages. This means he is now paying tax at least twice, AND he's not getting his full expense re-imbursed. He also gets a yearly bonus, which again is paid in with his wages, so he'll not receive his total bonus. This month, with his overtime, expenses and bonus, he'll earn around £3k, but will lose over 1k in tax/NI. He has worked extremely hard all year to get his bonus and now he's hardly going to see any of it. Is this legal? Are his company allowed to do this? I'm guessing they proabaly are, it's just one of life's many "it's not fair" moments, isn't it?

Just checking in, seems you can see into the future Guido! Can't wait until this is all over!

The charges are not far from clearing it, think there might be a difference of a couple of hundred or so. Will send a rejection letter and LBA as soon as poss. I'm def not going to accept their offer of £250.

Sorry, yeah it was in response to the prelim letter. I'll send them the LBA letter. I haven't sent a CCA request to B'Card. I've sent one to all my other CC companies and have received the proper paperwork back, so just assumed that this would be the same. Do you think it would be worth sending a CCA request then?

Right, I finally got my a*se into gear and sent the letter off to B'Card. Charges came out to £758.53, plus interest at 8% of £247.83. TOTAL £1006.36. Sent the letter on 20th March, got a reply this morning. As a gesture of goodwill and with no admission of liability, they are prepared to credit my account with the difference between my charges and the current £12 fee, which equates to £296, plus 8% interest. Obviously this is a lot of difference between the amount I am claiming. I'm not scared of fighting and taking it all the way. Should this be my next step? Sending them notification that since I have not received a satisfactory response I am now taking it further and the next step will be court action. I am tempted to ask them to wipe the debt completely as the total debt is only a few £££'s more. What do you think my chances are? lol

I have finally received the 'official' order from the court and it says IT IS ORDERED THAT 1. The order dated 18 July 2007 is rescinded. 2. The present proceedings be stayed pending the final determination of the Commercial Court proceedings between the Office of Fair Trading and the defendant (and seven others) comprised in Claim No 2007 Folio 1186 3. Both parties shall have liberty to apply. I take it, this is normal? Now I have the official paperwork I can go ahead with appealing the stay. Wish me luck.

Thanks Ollie, I think I will appeal, just have to wait for the paperwork to come through from the court now. I'm just sorting out my court bundle, as it has to be in by weds 22nd. And have quite a few questions, which I hope someone can help me with. 1) I'm struggling to find a few things on the index:- XX6 - "Correspondance tending to show charges arise from breach of contract" XX24 - "Abuse of process orders" I have a copy of the text of the Lincoln 'abuse' case, is this good enough? Or is there something else? and; XX12 & 13 - oft 1 and oft 2. I have downloaded and printed the whole OFT report - is this both parts? All that I'll need? 2) Also, In the witness statement, under breach of contract section 13 ii) clause 4.1 of the 1998 t&c's; iii) term 9a of the 2000 t&c's; iv) clause 9.2 of the terms of use of debit card; v) clause 6.5 of the terms of use of cheque guarantee; and vi) from defendants published charges leaflet. All of the above, I do not have and are not included in the bundle - do I need to search for them individually and put them in the bundle and then amend the index to show where they are? If so, does it matter where in the index they go? 3) Also section 24 of the witness statement mentions the Martin Orton letter - do I need this? Again do I need to re-shuffle the index to fit it in? 4) Section 25 mentions a letter dated april 2006 referring to charges being referred to as being a contribution towards admin costs - I have no such letter. Do I need to search for this on the forum somewhere or delete it as necessary? 5) In Section 41 it refers to the OFT UTCCR with relevant sections being quoted. 5.8 is fine, but section 18 1.3, I do not have in my UTCCR, it only goes as far as section 17.5. Have I missed some of it somewhere? Sorry there are so many questions, and sorry if if I sound thick with some of them but I just wanna get this right first time, and not give SC&M anything to pull me up on!

I'd already had that letter printed off, ready to send when I got the letter from SC&M telling me that they were requesting the stay. When I rang the court and the clerk told me that the Judges were not agreeing to stays, I assumed I didn't need it, so took it out of my small bundle. How annoyed am I, that I didn't have the foresight to think that they were seeing the cases on an individual basis, and to take the d@mn letter with me anyway! Which letter would you suggest that I send? Although they both have the same underlying points, the wording, layout and some paragraphs are included/not included. I guess it doesn't really matter which one, they'll both do the same thing? I feel very strange with the fact that I am going directly against the Judges orders, by applying to remove the stay. Like I'm breaking the law almost, iykwim? ;o)

I've been reading this http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html and wondering if it is worthwhile sending one of the letters asking for the stay to be removed? I know my Judge said that it was in our best interests for the stay to 'stay' as it were, but I don't believe that it is. I'm especially interested in the 'hardship' part of the letter, and believe that to be true. Is anyone sending these letters to remove the stay? Even after the Judge has said that it's best not to? Just wondering if I should or not? It seems an awful long time to wait without doing anything? Especially as the OFT case isn't going to be settled in Jan, I believe it'll take longer that, and may even be appealed to a higher court? Hmmm? Any ideas?

How's yours going? Have you still got your hearing next weds? Is it a prelim hearing? Oh I just remembered something else. The Judge said that we need to add more to our case as if it were to go to a full hearing, there isn't enough in our case. Bearing in mind that we still haven't submitted the full bundle yet, I was hoping that we wouldn't need to. I guess I'd better get on and do that now.

Well, we've just got home! It was scheduled for 10am, but there were 18 people in total, we were number 15, and they were all against various banks, and all scheduled for 10am! Luckily, he overheard someone coming out of a case previous and they said that the Judge had put a stay on it. I told him that if the Judge did put a stay on it then he should state that it contravenes his right to a fair hearing within a reasonable timescale. I didn't put the stay letter in our small bundle and I couldn't remember what directive or act it was from, so it was all from memory. Hubby was a total star and didn't lose his head. He said the Judge was very much on our side and gave the defence quite a hard time of it. Judge asked if we objected to the stay that Lloyds were requesting. Hubby said yes because it goes against his right to a trial within a reasonable timescale but couldn't remember what paragraph it was from, lol! He said the Judge smiled at this then turned to the defence and said "So, why do you think the stay should be put in place?" The guy in defence started stammering "er..er..because...erm...erm.." pmsl! He said something about some European Court thing (hubby can't remember exactly) and the Judge said, "I didn't ask about that, I asked why you think the stay should be placed" lol. He had to quickly rifle through his notes and he quoted another case (hubby can't remember what one-too much adrenaline methinks!) as the reason for the stay. The Judge then said "Well, I don't agree with that, but I am going to put a stay upon this case, because if the case were to go ahead without the stay, it wouldn't get heard until January now, and and that is when the test case is being heard" He also said that if he didn't put the stay on, Lloyds would appeal against the desicion and it would push the case back even further, so he said he thinks it is in our best interests to apply the stay. Although he did say that both parties can apply to lift the stay after the test case in January. Well, I guess that's it till Jan now? There's no point applying to lift the stay, as Lloyds will not agree to it, so will make it even more drawn out? Just wish I'd have had the money to start the court process back last year when I first started with all of this, maybe I'd have got something back by now! It's very annoying! Thanks for all the well wishes. I'll be joining you all in Jan awaiting the outcome of the test case! Which I really can't see them winning, by the way!

Just been reading through your thread, ahead of my/our prelim hearing tomorrow/today. Well done to you. It gives the rest of us hope too. I just hope that my hubby can stand up to it all in court! He's pooping his pants! lol. And well done on the 'immacualte' court bundle! I've been getting mine (x3) together over the past 2 weeks or so, and it is a bit of a nightmare to be honest! So I hope it's all worth it. Congrats again, hope you get your cheque soon!

Does anyone know what happens at these prelim hearings? Hubby (and me) is starting to panic now, and thinks he's going to blow it all! What is the format? Is it informal? What does he have to do/say to the Judge? Just plead his case with the Judge? Or will the Judge lead him? Got some paperwork ready to show the Judge. SOC; Draft Order for Directions, and reasons why they should be ordered; Copy of the text of the Lincoln 'abuse' order; and a list of settled cases, to show that the banks are routinely settling the cases without showing up to court. Anything else we might need? Helllppp....starting to panic now!

My claim is at Romford County Court and have been told today that they are refusing all stays by the banks, and all scheduled hearings will go ahead. Hope this helps.

Hi Guido it's Romford County Court

You can still object to it though can't you? There must be something else you can do?

Good Luck, It does seem dauting at first, but you get there in the end! I'm sure you'll be fine!

Good Luck Dolly, I hope you do get your day in court! I was just about to take the letter to my court today, and rung them to find out that the Judges are not agreeing to any stays. So me and the hubby will be in court on Friday. Will keep an eye out and fingers crossed for you.