Some are, some aren't. It seems to be that if you refer your claim solely on the basis of the UTCCR act then you are more likely to be stayed. The important thing in MY OPINION is to lean weight more squarely on the OFT 2006 report into CCard charges. If this is the lead, stating that it is related to, but not now dependent on, the UTCCR then I think a Judge would be hard pressed to have it stayed. As I say this is my opinion, and would be glad to hear others views. Peter

Hold on...have you actually signed anything yet!!!! How funny would that be! Well Done!

hi all - this thread http://www.consumeractiongroup.co.uk/forum/barclaycard/55044-mnrbig-barclaycard-2.html has an important element to it. Basically, if we rely on the UTCCR argument as our main cause for raising the claim, it is likely a judge will stay it. I think, although the above POCs are good, that more needs to be made of the OFT 2006 report. If we harp on too much about the points of law being challenged at the High Court, then our cases will be linked to that case, regardless of other arguments. The POC is the chance for us to distance ourselves slightly from the OFT case, whilst allowing the UTCCR to be aired as the law underpinning the OFTs report stating that the fees were unfair. As the OFT have already said the fees are unfair, and the CCard company have both reduced their fees, and refunded the extra of this, our point of contention is not purely the UTCCR argument, but that their is a lack of clarity between you the consumer and BCard the supplier in what a fair fee is. The point of raising this case is therefore not to show that the UTCCR is unfairly held by the CCard, but that there is a lack of transparency in the charges, and that despite asking (in the early letters for this to be clarified) neither the CCard nor the OFT have been able to provide evidence of what the charges should be to align them with OFT report. Therefore the only way to clarify this, is through the courts. Sorry if that got a bit muddled, I know what I mean, it's wording it! Any thoughts Peter

which is exactly why we shouldn't be using the same argument, and headlining our case with the OFT 2006 report, which clearly states that 'only a court can decide what a reasonable limit is' and also clearly states that CCards aredifferent to Overdrafts. We really need to be getting some POCs definateively agreed for use in CCard cases - has anyone done a trawl of the other CCard forums for any useful starter points? Peter

It doesn't matter too much what address it goes to, but best advice is to send to the address the last letter came from! The only time the address has to be perfectly right is when you issue your court claim - that must go to the registered address, which is the main Braclays address - not BCard address. Remember, BCard is a trading name under the Barclays company. The next letter you will get will be from a Customer Services Monkey, reply to them personally, you will get a further reply, then when you issue court proceedings the names will become the Lit bods (usually Ardian St John, but not sure if they use a different one for BCard yet!) You're doing great, so keep going! Peter

Congrats! Anotrher one bites the dust! Good to see the Judges are slowly recovering their nerve and kicking back at the banks and Cards! Well done - enjoy! Peter

That's the right address. It's BCards special department for Annoying Customers! welshy, did they explain to you why you needed to send two cheques? The £10 covers ALL information held about YOU by a company, not about a certain accountor card. £10 should have got you ALL info held by BCard about you. But, I suppose it doesn't matter so much now - just add an extra tenner to your claim! Peter

oh...care to elaborate on that a bit Kenny? I'm interested in what you mean? Peter

Don't forget when you go AGAIN to court - or if they decide to settle out of court, that you can claim £50 for a days leave from work (CPR.21 I think???) and travel expenses to and from court. I would add another day on as well, as under 14 days would assume you NEED to book another days leave. I would also consider adding a covering letter to your new bundle stating that the lack of representation by BCard shows just how little regard they have for both the court and the judge and urge the court, upon reading the enclosed documents, judge in favour of the claimant. Something like that anyway. At least if they can't be bothered to turn up this time, you can assume the same for next time too! Peter

There you go Simeon - zoots has kindly dropped you into Egg, and changed your title to suit! Cheers Zoots

There is an egg forum in the Other cards forum. Look in there. I'll alert a mod for you Peter

From what I read in other posts they have all been told they have to go up to court and explain themselves! I would imagine the B head office team have finally decided that letting the Lit team speak with us has caused them more grief then they would care to recieve - I imagine all the Lit Team have new email addys, and new phone numbers. I think it may be easier for you to have an audience with the Pope than contact Dino now! Peter

Ok advice needed. So the £112 BCard have refunded has reduced the outstounding balance to about £90 and a default. The thing is, the whole £200 I had in debt to them was all made up from fees. So, as they ahve paid the £112 into my account, they have in theory paid £112 worth of charges off - not actually given the cash to me. Therefore, by their own recognition, they now owe me £40, which is the difference again between the charges and the £12 OFT suggested maximum limit. Should I therefore just send a letter to BCard saying that I now want that £40 refunded immediately, and will add the remaining £60 to my existing claim. And (this is where it starts getting complicated) when they refund that, say that they now owe me a further £16 (the difference in the £40) refund, and once that is in, a further £8, this being the difference from the last refund, and finally, with that £8 in, a further £8. In total, this would mean they would end up crediting me with £72, purely from them conitnuously refunding the £8 differences. I can then add the remaining monies to my claim, which will infact make it larger than it was to start with! I think I have all this straight in my head - but it's whether it actually makes sense! If it doesn't to you guys, then BCard stand no chance of getting my meaning! I was thinking of compossing a letter outlining the above, hoping they would just credit my account with £72. That would mean the outstounding balance would be about £15 or so, I could then pay that, and add a further £20 to my claim, but at least be in a settled state. I can then close the account, ensuring ALL monies come to me and not that god awful card! Comments of 'Operation Confuddlement' below pls! Peter ps - Paint - the letter I sent was the pre-empt and also the post-empt strike!!!

ha ha! Dar£n - The EU surplus paper repository Nations, don't dispair - if you are finding it difficult to offload your paper excesses, then simply send to Dar£n. By calling your paper excesses a SAR response, he will have no choice but to accept it Best wishes, Barclays Innovation Team (Prepare to see a stupid advert by Barclays with this in it!) Peter

Building on the great little chart Mac has done, I offer my own back-breaking analysis of my own plight to the powers that be... To be honest, it's better than I expected! Peter

ah! well that's half the battle won! Peter

Hi The address is: Barclays Bank PLC 1 Churchill Place London E14 5HP This is their REGISTERED address, and so is who you are claiming against. Barclayscard is a trading name registered under the Barclays company. Peter

well, as usual the boys and girls that want my vote ignore me! My MP, Mr Green, for Ashford, has failed to reply to me AGAIN - I just had a little email from the website I sent the email from asking had I heard anythign as it had been two weeks - in short...NO! I have emailed him directly AGAIN asking for a response! Peter

sure - just email me your email addy to: pjdavies2000 @ hotmail . co . uk Although I thought you'd won???? Peter

......and 1 Lord ......................0 responses

...yes it does, but would be hard to have removed as it is time limited, unlike the early stays... ...the judges are learning as fast as we are! (or BClays are telling them!!!)

Not sure on the cost - it seems to be either £35 or £65 - but you want an N244 form, that may clarify. But you will ahve to pay that for each. I would suggest you choose one and 'test' that one before commiting more money! Sorry about the Stay...the judges do seem to be with us, but think of it this way, when you have a complaint against a company, the customer service woman can't normally make decisions other than those that they have been told they can make - if they have any doubt...along comes a manager...or in this case a circuit judge! Good luck, and keep us informed! Peter

Agree with Paintball on above. Plus, when the claim is settled, they will again pay it into the ccard account - fine, let them, THEN close it! Also, make sure you ask for ALL defaults to be removed, clever paintball has had hers lifted I have just seen! Peter

The CCA will giev you at least 12 days le-way, and will force their hand. anything over the 12 days and you can stop paying anyway, until they provide the CCA. For some reason BCard seem to have sped the SAR process up a bit - why, not sure, sneaky reason, almost definately! Once you send the Prelim off, you could argue your card is then in dispute again, and you could stop making payments on anything under what the charges amount to. Best check back again then! Peter

I would post this across in the general debt forum as well - they are much better informed at this type of thing. You may find that there is a quicker route through a CCA or similar. Peter