**WON** Charges over 6 years; compound contractual int't; repaid in full !!

[slick132]

Hi Leilani,

 

I've sent you a PM.

 

[leilani]

PS have all statements : )

 

and another thing...I actually did get ALL my charges back from Creation Finance! Wooohoo that was a victory and so easy in comparison!

Off to bed now have sent you details Good Night x

[slick132]

Hi Leilani,

 

Sorry, from item 3. in post #73 above, I thought you were saying they hadn't supplied data beyond 6 years. But you have the statements anyway, so that's great.

 

Big Congrats on the win with Creation............... let's hope you're celebrating about BC soon.

 

8-)

[leilani]

Slick or anyone else that knows about the interest rates...I am just doing my court application, when I first submitted my schedules I see that one I put 27.9% and the other should have been 21.9% it also was at 27.9%...of course this has a major impact on the figure. Should I amend this to the correct figure and all the other totals?

 

Added... plus the next schedule reminder sent has 29.9% which looks like it defaulted back to original template...arrrgh!

Edited October 16, 2010 by leilani
added

[slick132]

Hi Leilani,

 

As you haven't yet sent in the claim, it's ok to amend the spreadsheets to show the correct figure for the contractual interest rate.

 

Get the claim spreadsheets right and then print off 3 copies. After this, you will be claiming further int't at 8% only so the spready totals shouldn't need to be changed.

 

8-)

[leilani]

Okay I amended the schedule which was wrong and of course I got a low figure and it now looks like this.

 

 

17. The Defendant wrongly applied Charges to the Visa account totalling £646 and to the Mastercard account totalling £499 between 19/09/2001 and 17/10/2010. Particulars appear on Schedule 2.

 

18. On 23/07/2010 the Claimant demanded repayment of the sums wrongly applied to the Visa account of £610.00 plus interest in restitution of £2828.63 and the Mastercard account of £487.00 plus interest in restitution of £2073.61 as per the case of Sempra Metals.

19. The Defendant has not repaid them in full but made partial payment on 28/08/10 of £172 in charges and £107.29 in interest for the Visa account and £214 and £118.83 interest for the Mastercard account which was only accepted on the basis that the remaining total of the claim would be continued to be pursued and recovered.

 

And the Claimant claims

 

(1) A declaration that the sums totalling £1145 has wrongly been applied to the Accounts.

 

(2) Payment of the said sum of £1145.

 

(3) Payment of interest in restitution as per the case of Sempra Metals of £3909.10 in respect of the wrongly applied charges.

(4) Credit should be made in respect of the partial repayments made by the Defendant of charges totalling £386 and of interest totalling £226.12.

 

(5) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of this claim on the remaining balance claimed of £4441.98 at the daily rate of £0.89 until judgement or sooner payment.

 

However I was looking at Mackerels case and I noticed his spread sheet was modified with the 8% which went on both interest and charges from the very beginning.

 

How does this 8% work is it from the beginning of the claim on the schedule or from the claim date you put into court?

 

Oh the other thing...tomorrow I suspect I will have more charges, but I haven't received the statement yet and I can't find out how much as it will be different...does it matter?

[slick132]

Hi Leilani,

 

Because you're claiming interest in restitution, you don't claim s.69 int't on top. You would only claim the s.69 int't if you were claiming a refund of the charges and a refund of the ACTUAL int't that you were charged over the months/years on the a/c. A different spready is used to do this.

 

If you know you have a statement due in the next few days, include any charges onto your spreadies before filing your claim.

 

Alternatively, if you want the claim finalised and submitted without further alteration, finalise it now and make the court claim. You can then write to BC for a refund of any recent charges forgetting about interest - recent charges will have no significant int't to worry about so BC will refund the charges easily.

 

Para 19 looks clumsy (my fault !) and could be simplified:-

 

19. The Defendant has not repaid them in full but made partial payment on 28/08/10 of £172 in charges and £107.29 in interest for the Visa account and £214 and £118.83 interest for the Mastercard account. These sums were only accepted on the basis that I would continue to pursue and recover the remaining amounts of my total claim.

 

8)

[leilani]

No not your fault hun, I added to it and probably got it all untidy : )

 

Right all printed off bar actual form... Last questions

 

1.do I have to put a value in the value box? I have seen it some where to leave it blank...

 

2. do I have to put Defendant’s name and address again?

 

3. Solicitors box as none do i leave blank or put 0.00

 

4 sorry not in order do i put the address of the court too along with the name?

 

I am doing this! Wooohoo I am taking a trip to a court heeheee

[slick132]

1. Value - Here you can enter the charges and the contractual int't underneath to give a total. That is then copied to the Amount Claimed box.

 

2. Yes and make sure you are suing Barclays Bank PLC t/a Barclaycard, 1 Churchill Place, London E14 5HP.

 

3. Leave blank

 

4. Leave the court name, Claim No. and Issue Date blank. The court office can fill these in.

 

Take 3 copies of everything into the court and they'll give you back your stamped copy to keep.

 

8)

[leilani]

Thanks slick

 

Is it alright just to put it like this

 

759.00 Charges

3682.98 Interest

-----------

4441.98

[leilani]

Hey slick

 

I have just found something interesting...was checking my account number and I had put my original account number when I checked schedule which was from recent account number it was different...I have looked back and about 3 times it has changed? is this normal?

[leilani]

Okay sorry I think the account number tallies with the card issued.

[slick132]

Yes, to post #85.

 

The a/c no. may have changed for several reasons, eg new card after loss, theft or fraud.

 

Make sure your POC identifies the a/c nos. involved throughout the card's history.

 

Off to bed now - good luck with finalising it. 8)

[slick132]

Okay sorry I think the account number tallies with the card issued.

 

DOH !!

[leilani]

Yeah Doh!

 

Don't know if you mean put all the accounts numbers in the POC but I have stuck with the up to date ones! I can't take no more dammit I am a calm person by nature but I am damned if I am going to let this turn me into a irrational human bean!

 

I have done all you have said and bless you you're a star for guiding me (or wet nursing :jaw:as the case maybe) and if I messed it up along the way so be it...it's in the hands of the Universe to sort it out! Well tomorrow it will be the courts...the only thing is signing it now, I will sign it there so there are no mistakes...

 

Cheers Slick and Sleep Tight

[leilani]

Hi Slick

 

On Monday I set off to the court house in Watford...was very pleasant with the lady, the cost was different (£108 instead of £120) and so the lady duly changed it before taking my money. Told me that on Wednesday it would be issued and my copy stamped and sent back to me...well, nothing in the post today or yesterday and not likely now for the next 30 DAYS! I rang them up and the lady said oh I don't know why she would have told you that they are 30 days in arrears with small claims! I went through all that grief of getting it out in time for frigging nothing! Sorry bit annoyed today and the only positive side to this is at least it's in and paid for...

 

No wonder BC haven't stopped ringing and threatening me...What I was wondering though, is how does this affect my claim against BC being delayed by the courts for so long? Will I have to submit an up to date schedule? Or will the daily figure be applied from the day I submitted?

[slick132]

That's very poor - a 30 day delay in issuing your claim.

 

They daily rate will apply from the date of issue so, if there's a significant delay in the issue of the claim, you should get the chance to revise your SOC to reflect the interest position at the date of issue.

 

So, when you hear from the court that the claim has been issued, open your SOC and print off 3 copies which should be updated automatically.

 

Although this is annoying, it's insignificant in terms of the amount of your claim overall.

[leilani]

OMG! What is wrong with this world! Can no one get anything right!

 

I just got home to find the postman has been and a letter from the court with my set of papers sealed and claim number and that BC have been served on the 19th October! The woman on the phone was telling me a load of tosh! So we are back on track then!

 

So now I have to wait for them to respond right? Do they do that via the court or via me?

[slick132]

The court will write and confirm that BC have acknowledged your claim and filed their defence.

 

If BC don't send you a copy of the defence, ask the court to send you a copy.

 

Use your time now to put your Court Bundle together. It's in the Bank Templates Library. Just get the stuff together and save in a file on your computer for now. Read through it all so you understand what you're doing.

 

8-)

[leilani]

Morning all...well got letter from court, they are going to defend...

 

It says...The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim to file a defence. Does that mean they have just acknowledged that they are going to defend and that they have 28 days to get their defence together?

 

What now, should I have a date that we are going to have a show down at court? Or does that only come after they have submitted their defence?

 

I have to provide a court bundle, I know this but I really don't know where to start on this one, I checked the templates library but with this new layout damned if I can find what I m supposed to...can you supply the actual link?

 

Last question...is it a possibility that even though they have said they will defend that they may contact me to arrange a settlement?

[slick132]

Hi leilani,

 

All the answers you seek are in other threads here.

 

BC will defend within approx 30 days of getting your claim.

 

Court Bundle - I think the link to this may be down at the mo so I'll get this sorted for you.

 

In time, the court will send out AQ's for completion. You'll submit yours using the Draft Directions which you'll find in the guide to Allocation Questionnaire completion.

 

Court will tell you when your bundle needs to be in.

 

You'll File and Serve your bundle but BC won't do one. When you get a final hearing court date, you contact BC and negotiate with them re settlement.

 

See here for a claim that BC settled last week - http://www.consumeractiongroup.co.uk/forum/showthread.php?206050-Webby-v-Barclaycard-**WON-with-CCI-and-Older-Charges**

 

8-)

[leilani]

Thanks Slick

 

I will peruse the forum for some indication of bundle gathering

 

I have to laugh...this morning I receive from Credit Solutions "Opportunities to Save £££'S" Oooo so tempted!

[leilani]

Okay had to go external (google search) to go internally (CAG) ,as trying to save brain power for reading information!...found this link which seems very usual for us court bundle newbies http://www.consumerwiki.co.uk/index.php/Court_Bundle_For_Dummies

[slick132]

Unfortunately, the link to the court bundle itself is not working.

 

If you need a copy of the bundle, send me a PM with your email addy and I'll try and send you a copy.

 

8)

[slick132]

Court Bundle link is here and should be working again - http://www.consumeractiongroup.co.uk/forum/content.php?560-Basic-Court-Bundle

 

8)