BC Charges ***WON with Compound Contractual Int't***

[linz22]

Hi thanks slick i got your email and i have managed to open the file.

 

Ok just so i know what im doing, i have a few questions about the court bundle.

 

1) For the correspondence does that include all the letter sent and recieved by barclays, including postage receipts?

2) For the latest schedule of charges do i include the version i used when i filed a court claim agianst barclays or do i include an updated version? an updated version would show the overall amount increased from the date i claimed.

3) Every bank statement i recieved from barclays needs to be included?

4) The documents section included in the court bundle which has the list of everything, do i follow that order?

5) The documents section, is that everything that i include in my court bundle? if there is anything else i do need to include which isnt mentioned in the documents list in the court bundle please let me know

[slick132]

Hi Linz,

 

1. All corrs relating to the reclaim of charges. Save paper and copy the post receipts all together, to go at back of the corrs section.

 

2. For you bundle, use a copy of the SOC sent with the claim, so they tie up. You can use an updated version later time when agreeing a settlement figure with BC.

 

3. Every BC statement that includes a penalty charge.

 

4. Yes.

 

5. That bundle should have all you need except for :-

 

a) Copy of s.32 Limitation Act 1980 which allows you to claim beyond 6 years due to the concealment of the nature of BC's unlawful penalty charges.

 

b) Copy of reference to the case of Sempra Metals which is the authority for your claim to interest in restitution at the account's contractual rate.

 

A BC case for PPI was lost yesterday and we should always try and learn from experience or mistakes.

 

See here about including, in your court bundle, a summary of case law for :-

 

1. Section 32© Limitation Act 1980 re claiming beyond 6 years - Kleinwort Benson v Lincoln City Council.

 

2. Claiming interest in restitution - Sempra Metals v Inland Revenue Commissioners.

 

Google either case and you should find a summary. Eg for the Sempra case :-

 

http://www.google.co.uk/url?sa=t&source=web&cd=2&sqi=2&ved=0CCAQFjAB&url=http%3A%2F%2Fwww.publications.parliament.uk%2Fpa%2Fld200607%2Fldjudgmt%2Fjd070718%2Fsempra-1.htm&ei=t50tTYGsMZeShAfpj8XcCQ&usg=AFQjCNGPD1er98Cu0v9T_XYE-HiuXVsRgA

 

and

 

http://www.google.co.uk/url?sa=t&source=web&cd=7&sqi=2&ved=0CEQQFjAG&url=http%3A%2F%2Fbusiness.timesonline.co.uk%2Ftol%2Fbusiness%2Flaw%2Freports%2Farticle2133988.ece&ei=t50tTYGsMZeShAfpj8XcCQ&usg=AFQjCNFlCMePV9BKcZLKGhFnoz1Hq6wJGQ

[linz22]

Hi,

 

Thank you for the information. The deadline for my AQ was on the 15th of january, i called the courts today and they told me barclays have responded to the AQ, so i am assuming this will go to the courts. I am working on my court bundle in the meantime.

 

What will happen in the court case?

 

Also you mentioned a case for ppi was lost will this have any effect on cases relatiing to credit card charges? are there any cases that have been lost recently regarding credit card charges?

 

One other thing due to a family emergency i am flying out of the country sometime next week as soon as i can get a ticket and i wont be avialable for 2-3 weeks,

 

should i write to the courts letting them know this or would calling them be ok?

what do you think will happen with my court case at this stage and i tell them i am not avialable for the next 3 weeks?

[slick132]

Hi Linz,

 

You should write to the court manager quoting your claim number. Explain briefly about the family emergency and "respectfully ask that the court places a brief Stay on the proceedings of 30 days. I will contact the court on my return to the UK so the case may then proceed with Directions."

 

Send a copy to BC for their info.

 

What will happen in the court case? The plan is that there will be no court case as BC will fold when you submit your well-prepared court bundle.

 

Also you mentioned a case for ppi was lost will this have any effect on cases relatiing to credit card charges? are there any cases that have been lost recently regarding credit card charges? None of the BC cases have been lost recently and, if you prepare properly, yours will not lose either.

 

8-)

[linz22]

Hi,

 

I am sending my letter to the courts today, i have my plane ticket booked for the 25th of january to the 13th of february. I dont think i will be here when the courts reply to my letter, what are the chances of them accepting the stay on my court case?

[slick132]

Hi Linz,

 

Have you sent a copy to BC or their sol'rs as a courtesy.

 

I see no reason why the court should not agree to your request.

 

Go and deal with your family. Then deal with this matter on your return.

 

8-)

[linz22]

Hi, i have received a reply from barclays a few days ago which you will find below.

 

1) can someone read their response and tell me what i should do.

2) what rejection reply should i give kaye who send the offer to me?

3) should i still let barclays know that i am going abroad tommorow and wont be back in the UK until 2 weeks time? i have sent a letter to the courts.

 

 

 

[slick132]

Hi Linz,

 

Their offer compares badly with the sum of approx £2.7K which you are claiming and I assume you wish to reject it.

 

A simple letter will suffice saying:-

 

Dear Ms Kaye,

 

Claim No: 1AB54321

 

I refer to your letter of xxdate.

 

Your offer falls well short of the sum I am claiming and I must reject it.

 

I am confident that you should refund the charges as set out in my Schedule of Charges, including charges older than 6 years and compound interest in restitution.

 

I fail to see why you refer to the case of Halliday v HBOS.

 

I will rely upon s.32 Limitation Act 1980 regarding the older charges, and upon the case of Sempra Metals v Inland Revenue Commissioners to justify my claim to compound interest in restitution.

 

If you wish to reconsider and offer the amount shown on my Schedule of Charges (plus further interest to date), I will be happy to accept and discontinue my claim against Barclays PLC.

 

In the meantime, I am forced to leave the country for family reasons and enclose my letter to the court of xxdate, which you will find self-explanatory.

 

Yours sincerely,

 

Linz22

 

And enclose a copy of the letter sent to court about your absence due to family matters.

 

8-)

[linz22]

Thank you slick i will send the letter first thing in morning i fly out in the afternoon.

 

Do you think barclays are starting to sweat a little and think i will take this all the way?

 

In your opinion do you think barclays will increase there offer?

 

Should i send the letter to the address on the letter barclays sent me?

[slick132]

I realise my reply may be too late and you'll have left, however...........

 

Yes, reply to the address that the offer came from.

 

Barclays aren't sweating about this. It's not personal for them like it is for you. They are simply negotiating on a case which they'll forget about after 5pm.

 

I hope they'll increase their offer as this is what I'd expect. Only time will tell and, in the meantime, they may be expecting YOU to be sweating about this. They may now wait to see if you prepare and submit your court bundle.

 

See you when you're back and I hope your trip goes well. 8)

[Still_surviving]

Slick

 

The Halliday v HBOS case is not one ive seen come up on the forums recently.

 

Are we saying it doesnt apply as it relates to a bank account not credit card? Or has a counter argument been put forward?

 

Sorry to butt in but as you know im proceeding along the same lines as Linz

[slick132]

I'm not the best person to comment on this matter although my understanding is this.

 

Halliday claimed refund of bank current account charges plus compound int't. Bank refunded all charges plus simple int't and s.69 stat'y int't.

 

Claimant went to court seeking CI and case was Struck Out on Application by bank. Halliday appealed the decision and lost.

 

Summary of case here - http://www.consumeractiongroup.co.uk/forum/showthread.php?98652-Bank-T-amp-Cs-you-must-keep-your-account-in-credit&p=927065&viewfull=1#post927065

 

I think the banks reference to the Halliday case is an attempt to persuade Linz not to proceed. But it would appear to be a red herring as Linz will rely on Sempra Metals and not Halliday.

 

The other difference is that this (Linz's case) is a credit card claim relating to unlawful penalties and not a bank current a/c claim. I think that, after the Halliday ruling, it was accepted that compound interest was no longer applicable to bank a/c charges claims.

 

But, with CCard claims, claimants are claiming Int't in Restitution and the banks are paying it.

 

8)

[linz22]

Hi im back in the Uk now and will be proceeding with my case. I sent barclays a letter rejecting there offer and i also sent them a letter stating i would be out the country for a few weeks. I have checked my mail and no letter from barclays but a letter from the courts stating a date has been assigned in april for my case.

 

Should i inform barclays and the courts i am back in the country and hand in my court bundle to the courts?

[slick132]

Hi Linz and welcome back.

 

Can you confirm exactly what the court have said in their letter.

 

Have they issued any Directions.

 

When the time comes, you'll File and Serve your court bundle (to the court and to Barclays, respectively).

 

8-)

[linz22]

this is what it says.................

 

..deputy district judge has considered the statements of case and allocation questionaire filed and allocated the claim to the small claims track.

 

the hearing of the claim will take place on the 2nd of april and should take no longer than 90 minutes.

 

A hearing fee of £150 is payable by 4 march 2011.

 

Then it goes on to stating small claims are block listed and some cases may take longer so the hearing times are not guranteed and i may have to wait. then it goes on stating documents need to be sent to the court that will be used in the hearing no later that 14 days before the hearing witness statements must be included, original documents need to be brough to the hearing.

[slick132]

Hi Linz,

 

You need to check the Hearing date, unless your Judge has decided to do a bit of overtime on Saturdays !!

 

You must pay your hearing fee by 4th March.

 

I doubt BC will settle before you put in your court bundle. However, it's worth a try as you could avoid paying the Hearing Fee if they agree to settle before it's paid.

 

Check the Hearing date. Then Email to BC confirming you now have a final Hearing date of xxxx and, if they wish to settle now to avoid further use of their own and the court's time plus further court fees, would they now agree to settle based on the attached SOC.

 

On the updated SOC which will show interest to date, write on it to add court fees paid to date so you have a clear settlement figure.

 

8-)

[linz22]

lol sorry the court date is on the 1st not the 2nd..................im a little confused.........

 

1) what email address shal use to email barclays

2) on the soc should i put at the very bottom the court fee of £150 which is due on the 4th or add eveything paid to date to the courts? so far i have had everything paid for as i am on JSA. also can you write me a sentence to put on the soc about the court fees my minds blank still jet lagged lol.

[slick132]

Hi Linz,

 

Use the email addy shown on the letter on post #98.

 

If you have not paid any court fees so far, there are none to add to the SOC at this stage.

 

I assume the Hearing Fee will also be covered by the fee remission system but confirm this with your court and ask what you should do about the date by which the Hearing Fee should be paid.

 

8)

[linz22]

In barclays last reply they stated they refunded £24 back in 2006 which is correct and when they made there offer they said they would deduct this. My SOC doesnt show this refund barclays made in 2006 should i include a note in my email they should deduct £24 from the total amount?

[slick132]

I'd take this charge off your current spreadsheet, then update it to use in negotiation. This will not only take account of the refund, but will avoid you claiming compound interest that you're not entitled to.

 

8-)

[linz22]

Oh!! what i did was i attached the SOC and stated in my email to deduct the £24 from the overall total!!

[slick132]

No probs Linz.

 

It's wrong to deduct the refunded charge but still include the compound int't. So now you know about it, it won't be a nasty surprise when negotiating settlement.

 

Revise the SOC to exclude the refunded charge. Then'll see what effect this will have on the claim.

 

Don't bother sending the revised SOC to BC yet. Wait and see if they want to negotiate at this stage.

 

8-)

[linz22]

Hi

 

Sorry for the late reply, i didnt read your last message in time and i sent barclays an email with an updates SOC last week on tuesday and no reply from them so i assuming they dont want to negotiate or they will do at a later date.

 

As for my court date what difference will it make if i submit my court bundle earlier? will they notify barclays i have submitted this? just wondering what the process is now.

 

Also if i wrote to barclays asking if they want to negotiate would this help?

[slick132]

HI Linz,

 

Re your court bundle, you will File and Serve at the same time, to the court and to Barclays respectively.

 

I don't think you should Serve the bundle on Barclays too early. Even though they do not DO court bundles, there's nothing to be gained by letting them see your evidence earlier than required. If they decided there were some grounds they think they could argue adequately, they may just put in their own evidence to counter your case.

 

I'd deliver the bundles to the court and to your local Barclays branch (clearly marked for onward transmission to Barclays Litigation at their HQ) by 18th March.

 

Send a covering letter to Barclays saying your court bundle is hereby Served in readiness for the full hearing on 1st April (All Fool's Day !!) and if they would like to discuss settlement based upon the enclosed updated SOC, they can contact you by email at xxxx email address.

 

I'd avoid using the phone until you know they are willing to settle on your terms.

 

8-)

[linz22]

Hi an update on my claim basically I received a letter today from barclays and they have offered me the full amount claimed in my SOC and I am really pleased with the outcome.

 

My next step is to sign the form and return it to barclays so what will happen next?

 

Should I let the court know?

 

Also the daily interest rate should I ask for this because they haven't offered me that or does that only apply when the case goes to court? Not being greedy just want to know what the process is.

 

Make outstanding debt with barclays what will they do about this deduct the amount from the payment?

 

Thank you to everyone who has helped mr an thank you slick for all your help