Barclaycard : S32.1980 LIMITATION ACT

[slick132]

Hi Halibunny,

 

Above post merged with existing BC thread.

 

If all the other charges were over 6 years old, you will probably have to start court action to get them back.

 

See some of the **WON** BC threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Please confirm that you do, in fact, have all the old statements showing the charges that are older than 6 years.

 

If so, you need to write a LBA to BC confirming that you require a full refund of all the amounts as per the enclosed Schedule of Charges.

 

Send them an updated SoC and give them 14 days to agree to refund, or you will take court action without further warning.

 

You can argue the point about wanting a direct refund when you are at the stage of negotiating the settlement figures.

 

[HALIBUNNY]

Thanks Slick. Yes I have all the old statements. Will do an LBA. Can you give me some pointers re what to say about direct refund?.....

 

Thanks

 

HALIBUNNY

[slick132]

We can deal with that later, once the settlement figure is agreed.

 

See Shelley's thread for guidance, where the issue of a direct refund is covered in detail - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3572871&viewfull=1#post3572871

 

Read the whole thread though, not just the post I've linked to.

 

And read other **WON** threads. Pretty much everything you need is there but, if you get stuck, you can ask for help.

 

[HALIBUNNY]

Thanks Slick. I will get the LBA sorted today......

[noomill060]

Hi HALIBUNNY,

 

Im going through a similar claim against Sharkleycard. (Debt sold to DCA and outstanding balance with charges going back over a decade)

 

Just to let you know. We'll go through this together.

 

Ive been through this before, but not with the DCA element.

 

Should be an interesting two or three months ahead of us!

 

Dont give up or give in to their nonsense replies. They are scared of your claim and will settle long before it gets in front of a judge.

[HALIBUNNY]

Hi Noomill. Thankyou for your support. Yes it does complicate things with a dca trying to interfere. I know what needs doing and with a bit of help here and there from good people on here I will see it through. Bit busy at the mo but will try and catch up with your thread later on. All the best

 

HALIBUNNY

[Shelley181146]

Hello Hallibunny,

 

Apologies for the delay but I have had a little difficulty scanning these so I hope they turn out ok.

 

I have named them after the date they came into force and they are valid between 2001-2003.

 

Shelley

Vaild from 07.02.pdf

Valid from 08.01.pdf

Valid 06.05.03.pdf

Summary from 07.02.pdf

Summary 06.05.03.pdf

[HALIBUNNY]

What is the court fee for claims up to £5k? I have read £120 plus another £50 admin fee to be submitted with N1 form. Is that right? So the court fee on the N1 form should be really £170????

[slick132]

Hi Hal,

 

The admin fee you refer to sounds like something a firm would charge to file the claim for you.

 

If you're doing it yourself, which is how most CAGgers proceed, the N1 fee for claims up to £5K is £120 or £100 if you use MCOL.

 

The AQ fee would be payable later at £40 and, if the claim goes to a hearing, a final £325 Hearing Fee is payable.

 

See the HMCS guide here - http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex50_e.pdf

 

[HALIBUNNY]

Hi Hal,

 

The admin fee you refer to sounds like something a firm would charge to file the claim for you.

 

If you're doing it yourself, which is how most CAGgers proceed, the N1 fee for claims up to £5K is £120 or £100 if you use MCOL.

 

The AQ fee would be payable later at £40 and, if the claim goes to a hearing, a final £325 Hearing Fee is payable.

 

See the HMCS guide here - http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex50_e.pdf

 

 

 

 

 

Sorry for wasting your time Slick. You're right. I accidentally got my dodgey info from a dodgey claims website that claimed to be offering decent information. I realised after I had made my post that I had been misled. Cheers.....

Edited April 7, 2012 by slick132
Adjusted so quote shows properly

[slick132]

Hi Hal and no probs !

 

[Shelley181146]

Hi Hal,

Stick with the Cag family. You won't get mis-led here.

 

[HALIBUNNY]

On the N1 Claim form there is a heading called VALUE. Do I put anything here or just fill in the box at bottom right? Do I need to put anything about daily interest accruing on this front page or put it at the end of my POC on an additional sheet?

 

Thanks

[slick132]

Hi Hal and, as I said before, most of what you need is on Shelley's thread or others in the Barclays **WON** Forum.

 

The value of the claim is the total of the charges plus interest thereon, as per your spready.

 

The boxes on the bottom right will show your claim and interest to date as one total, the court fee and the total.

 

See here for guidance about setting out the daily added interest accruing - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3494767&viewfull=1#post3494767

 

In your case, you'll use 24.9% but on a simple basis for the daily added interest.

 

The daily rate will be 24.9%/365 or 0.249/365 = 0.000682 x total claimed for chgs + int't

 

So, if your total claim for chgs and int't was £1,750, daily s.69 Stat'y Int't = £1.19 per day.

 

See here about how to address compound interest in restitution on the POC - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3497330&viewfull=1#post3497330

 

[HALIBUNNY]

Thanks Slick. So nothing about the daily interest rate needs to go on the first summary page? Just at the end of the poc like Shelley did?

 

Ta

[slick132]

Hi Hal,

 

Simple s.69 daily interest @ 24.9% IS mentioned at the foot of page 1 of the Form N1, just below where you total the VALUE figure. That's where you put the DAILY figure.

 

Section 19(2) on the POC deals with charges and compound interest in restitution as shown by your spready.

 

Section 19(3) on the POC deals with Statutory Interest claimed under s.69 (simple, not compound interest) at a daily rate.

 

[Shelley181146]

Hi Hal,

 

Simple s.69 daily interest @ 24.9% IS mentioned at the foot of page 1 of the For

m N1, just below where you total the VALUE figure. That's where you put the DAILY figure.

 

Section 19(2) on the POC deals with charges and compound interest in restitution as shown by your spready.

 

Section 19(3) on the POC deals with Statutory Interest claimed under s.69 (simple, not compound interest) at a daily rate.

 

must admit, I forgot to add my daily figure on N1 form but I managed to sqeeze every last penny in interest:-)

[slick132]

Hi Shelley,

 

That's useful to know although, of course, I'm totally ashamed of you !!

 

Even without everything correct, you got your money back in full + interest.

 

Hal will learn from this and get the claim right !

 

[Shelley181146]

Hi Slick,

 

No woman is perfect but this one is ruthless, hehe. Barclays was my first ever attempt at this stuff but it just goes to show, Barclays Solicitors don't read the small print either. lol.

 

Is the Site Team aware that County Courts no longer accept money claims over the counter? I have raised this in the legal forum, with new details. Hope that's okay?

 

Apologies for hijacking Bun.

 

Go get em.

 

Shelley

[slick132]

Hi Hal and sorry for the minor hijack.

 

Hi Shelley,

 

I know the courts are now using regional offices to process claims.

 

Are they not taking them over the counter now to send of to the designated office.

 

[Shelley181146]

Hi Hal and sorry for the minor hijack.

 

Hi Shelley,k

 

I know the courts are now using regional offices to process claims.

 

Are they not taking them over the counter now to send of to the designated office.

 

With effect from 19th March 2012 counter service is no longer available to receive money claims. I have put message on legal thread but the court service have not mentioned it on their website. I have been in contact with them today to try to find a link, but court staff cant find it! Will update as soon as i find it.

Cheers

Shelley

[Shelley181146]

Here we are folks;

 

http://www.justice.gov.uk/news/press-releases/hmcts/county-court-money-claims-to-be-dealt-with-at-single-centre

[HALIBUNNY]

Hi peeps.

 

Well, for those of you who are wondering how this protracted malarkey is going, well things are progressing in line with the process.....And the process I am using is basically the process that Shelley used succesfully with a few blips of my own!! I will comment in detail later on and sorry for being reserved at the moment but I have my reasons....When I do finally reveal all, hopefully I will have some useful comments for you to take away and use yourselves....Many thanks to those who have sent support and continue to do so. I couldn't have got this far without you

 

Bun

[Shelley181146]

Glad you are progressing well with this claim.

 

Shelley

[HALIBUNNY]

Thanks for your help Shelley. Will keep you posted.....