This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 08 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I agree thebees123, you may wish to lodge an official complaint with the Office of Fair Trading by email at: enquiries@oft.gov.uk , marked for the attention of the Licensing Team. Document 'OFT664' titled 'Debt collection guidance - Final guidance on unfair business practices' relates, specifically 2.10 (a) to 2.10 (e). You can find it here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf OFT contact details are at: http://www.oft.gov.uk/contactus Spot on. Regards, Bean

Hi All, Subscribing to this interesting thread, Regards, Bean

Hi Fred Funk - I have read your thread with interest. It's been a while since you last posted - how is it going?

Barclaycard credited the claim sum to the account and it was confirmed at about 16:30 on 6 September 2007. The hearing had been scheduled for 11am on 7 September 2007 so I contacted the court to state settlement reached, no further action necessary. I sought an order for wasted costs, supporting it with a spreadsheet breakdown but the Deputy District Judge refused it. Even though I had amended the settlement letter, rendering the original inappropriate, it appears Barclays used either the original or the amended version to argue their position re costs.

Thanks sea-sidelady, I'll keep you posted... My thoughts exactly Paintball, but I considered that I would not seek a wasted costs order as the settlement sum includes contractual interest and 8% interest and I was reasonably happy with that. However, if I do want to seek a wasted costs order, how do I go about it? When do I submit it, and do I have to notify the Defendant that I am doing so? I have sent back the signed full and final settlement letter with four of my amendments added. How would a wasted costs order relate to the return of that letter if I choose to seek the order?

Thanks Paintball, The hearing is scheduled for Friday morning so either the £475 shows up as a payment to the account or the hearing goes ahead - their call . This started around fourteen months ago with a Data Protection Act request dated 7 July 2006 and we have acted promptly at every stage, all delays being down to the Defendant, Barclays ...it's high time they coughed up.

Settlement offer received by email 31 August 2007 from Barclays Litigation & Disputes, to pay the whole of the claim sum in full and final settlement.

Round 2 (for earlier charges that came to light when microfiche information was finally provided): Hearing on 7 September 2007. Contrary to Court Directions, the Defendant has failed to serve any documents. Do you agree that I should now file an Application Notice N244 to strike out their defence on the following basis: 1. The Defendant's failure to comply with Directions by not providing any documents is against the overriding objective, namely Civil Procedure Rules, Rule "1.1 (2) Dealing with a case justly includes, so far as practicable - (a) ensuring that the parties are on an equal footing". As a litigant in person taking action against a huge corporate institution, I have provided documents but have not received the Defendant's documents and therefore consider myself to be at considerable disadvantage. 2. Also, Civil Procedure Rules, Rule "1.3 The parties are required to help the court to further the overriding objective". Further, I have a digital recording of a member of Barclays Legal department stating that they would not be contacting me regarding settlement till nearer the date of the hearing. I believe that the Defence is a sham defence, that the Defendant does not intend, nor has it ever intended, to permit the claim to run it's course to a hearing. Based on this last point, should I include on the application, an application for summary judgment? Any help or comments gratefully received...

Hi papadak, Use this address: Barclays Bank PLC trading as Barclaycard Barclays Legal & Compliance Litigation & Disputes Level 29 1 Churchill Place London E14 5HP We have made two Barclaycard claims. The first claim used the general Barclays address and Barclaycard would have sought to overturn our Judgment for Claimant on that basis. The second claim used the above address and tallies with the correspondence address that Barclaycard provided on their Acknowledgement of Service in response to our issuing the second claim. Be thorough, keep going, Regards, Bean

Glad to help Notty. Keep plodding away with it and you will eventually get the result you are seeking. Regards, Bean

Hello Notty, On my N1 County Court claim form under the section titled "Defendant(s)" I put: "Monument, Barclays Bank PLC Portland Building 25 The High Street Crawley West Sussex RH10 1BG" When Monument/Barclays acknowledged the claim, the "Notice that Acknowledgement of Service Has Been Filed" from the court showed the Defendant as "Barclays Bank PLC T/As Monument". It also stated "The Defendant has given a new address for service of documents: Barclays Bank PLC Litigation Level 29 1 Churchill Place London E14 5HP" The first point of their Defence was by way of clarification and read: "1. Monument is a trading division of Barclays Bank PLC and not a legal entity in its own right". If I were to issue a claim now, to be strictly correct I would put "Barclays Bank PLC trading as Monument" but there was no problem with my original "Monument, Barclays Bank PLC". I would also use the Churchill Place address for simplicity (though any registered address of Barclays Bank PLC is technically acceptable). The claim was handled by Barclays Legal and Compliance, Litigation and Disputes, Level 29, One Churchill Place, London, E14 5HP, who arranged a payment to be made into the Monument account. Regarding the suggestion that you take legal advice, you do not say in your message what the "take legal advice" comment relates to, perhaps it is purely related to the name of the Defendant, but if it is not specific you need to check whether it relates to anything else on your form. You first need to be sure that all of the entries on your form are correct by checking them against the information on this site and checking with the moderators as necessary. Presumably you will need to amend your claim so that the Defendant is "Barclays Bank PLC trading as Monument" rather than "Monument". Beyond this, Citizens Advice can help for no charge, and if you feel you need to take legal advice on anything then do so. Don't be phased by this.

Sum received in the account. Consent Order signed to set aside the default Judgement. Not signing it would have involved more court time in assessing their administative error and probably then striking out our Judgement for Claimant (in default) on that basis anyway. Court notified that this claim has been settled.

Over £8 Million returned Survey results topped a cumulative total of over £8 Million today! Results as of 17:00, 26 February 2007: £8,021,714, to 5,761 people. ...you there Reload?!

Congratulations Elsinore!!! ...on the arrival of your granddaughter, and on your success in recovering your charges, interest and costs. A pity they didn't get the cheque to you before the preliminary court hearing, but otherwise an interesting shift in their approach to settlement. Best Wishes, Bean

Hi innocent, I may be mistaken, but I suspect that you have not ever authorised Monument to borrow from you, have you? I don't see any good reason for a (lower) authorised borrowing rate to be applied to your claim. I believe that there is no right to a particular method of payment, but you can stipulate a particular method of payment in your settlement discussions. The Defendant can choose whether or not to accept your stipulation as part of the settlement. Otherwise, it looks good to me, but don't rely on one response. You should get a range of views to form your opinions and make any amendments to suit. Regards, Bean

Pleased to help, innocent:) Regards, Bean

Hello innocent, All settled and happy. To recover what was taken, I claimed contractual interest at the following rates based on account statements: 16.9% APR (1.313% per month) from 21/6/2004, 19.7% (1.527% per month) from 23/1/2006. [Yes I know the APR is not 12 times the monthly figure and I don't know exactly how it's calculated but apparently it is correct]. In addition, I claimed 8% County Court interest on the whole sum that was taken, to give me back the benefit of the money that was taken (i.e. if I had had that money I could have used it for other purposes). Remember that your account may not be exactly the same as mine so you should check your statements for figures to use in your claim. For example, you may have had an introductory promotional period of zero per cent interest or low rate interest, or you may even have a different type of account. It is important to be accurate in your claim. If you have difficulty finding the relevant interest rates, ask Monument for them. Hope that helps, Regards, Bean

Hello kele16v, It would be best for you to start your own thread. This one is misspickles', and deals with her claim. I suggest that you contact Hitachi Capital to ask who you name as Defendant on your N1 County Court claim, here are the contact details I had (see post #1 and post #18 ) : http://www.consumeractiongroup.co.uk/forum/other-institutions/15659-beans-timeline-hitachi-capital.html#post248150 Record their response to guard against any problem later. Though it came very close to it, I didn't get as far as issuing a county court claim against them.

Hellooooooooo!!! I wrote to Morgan Stanley to say that by now they should be familiar with the CAG process for claiming back credit card charges. I guaranteed to take the Preliminary Request for Payment, Letter Before Action, County Court claim route if they chose to play it that way, but said that as an alternative, and because they have otherwise treated me reasonably in the past, would they tell me what charges and interest they had taken and would they offer to repay that sum? I sent my Data Protection Act Subject Access Request with the letter, dated 3 October 2006. They responded by letter dated 4 November 2006 with an offer to refund £216. I phoned in late January 2007 (my delay of several weeks) to discuss it further and we have just reached a settlement of £550 which equates to the charges and interest taken. I think that this is a progressive, responsible and mature response from Morgan Stanley. They could easily have chosen to go the typical route that the banks have us go but I am pleased to say that, at least on this occasion, they have not.

Any news ESB?

It's not over yet... Allocation Questionnaire was filed at court 7 November 2006. The Defendant did not file an Allocation Questionnaire by 7 November 2006. Received a "General Form of Judgment or Order" dated 13 December 2006 which read: "It is ordered that: 1. Unless the Defendant do file an allocation questionnaire with the court office within 7 days of service of this order, the claimant shall be at liberty to enter judgment." As the Defendant did not file by 22 December 2006, a Judgment for Claimant (by Default) was obtained, dated 30 December 2006. Phoned Barclays Litigation & Disputes in January 2007 to obtain payment and were told that the court had sent documents to the Barclaycard address, not the Barclays Litigation & Disputes address notified to them by the Defendant. So Barclays have offered settlement (see following) or they will seek that the Judgment be set aside. Their correspondence reads: "Your claim number: ********, * County Court I am writing to you in connection with the default Judgment which has recently come to the attention of the bank’s Litigation team. I believe that you had issued a claim via the * County Court and in the absence of an Allocation Questionnaire, secured a default Judgment on 30 December 2006 for £***.**. As we did not file the Allocation Questionnaire within the prescribed time due to an administrative error on the part of the Court, we are entitled to make an application to Court for the default Judgment to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore, propose to offer to settle your claim in full. However, I would be obliged if you will agree to:- The sum of £***.** is paid by us in full and final settlement of your claim entitled ********; There be a voluntary Stay of Execution pending payment; That upon receiving payment you write to the Court stating that you have withdrawn your claim pursuant to a settlement between the Parties; That you consent to the default Judgment being set aside; The sum of ***.** will be credited direct to your Barclaycard account; I trust that you understand that we have reached this agreement to avoid the time involved in making an application to the Court to have the Judgment set aside. It, therefore, does not imply any acceptance of liability on the part of the bank. I enclose a draft Consent Order setting aside the Default Judgment. Please sign and return this to me and I will arrange for it to be filed at Court after your account has been credited. Please also sign the enclosed copy of this letter confirming your agreement and return it to me at the above address. Once I have received these documents from you, I will arrange for the funds to be re-credited to your account. I look forward to hearing from you. Yours sincerely, ** Legal Clerk Signed………………… Dated…………….2007" The attached Consent Order reads: "BY CONSENT IT IS ORDERED: The default judgment entered 30 December 2006 be set aside forthwith; There be no order as to costs." It seems the administrative error by the court should be of little or no consequence, particularly as they knew the claim programme, and Barclaycard had the original AQ correspondence and a reminder yet Barclays Litigation and Disputes failed to respond to either, but the Defendant is saying it would allow the Judgment to be set aside. Just need to look into this a bit more before responding.

You may find this helpful: http://www.consumeractiongroup.co.uk/forum/other-institutions/15659-beans-timeline-hitachi-capital.html