Barclaycard courtclaim re:Charges +6yrs -***WON*** Compound Int't and **NO SET-OFF**

[Shelley181146]

Hi Shelley,

 

Address your letter to Barclays PLC t/a Barclaycard at the address here - http://www.consumeractiongroup.co.uk/forum/showthread.php?173450-Use-the-right-name-when-Filing-against-BC&p=1871443&viewfull=1#post1871443

 

If you take court action, you will sue Barclays PLC t/a Barclaycard.

 

I addressed this in post #20 on the last page. The choice is yours although I would use 29.9% on the spready as a means of claiming Interest in Restitution.

 

Hi Slick,

Apologies for frustration, the hours I spend on here, I confuse myself and others now, sorry. 29.9% of course.

Address and comments duly noted re thread. Will be in the post first thing in the morning and we'll see how its received, ha! Can't wait........

 

Thank you Slick.

 

Regards

Shelley

[Shelley181146]

Here is my suggested 'Prelim letter' to BC. Comments please.

I nowunderstand that the regime of fees which you have been applying to my accountin relation to late fees and over limit charges, are unlawful at Common Law,Statute and recent Consumer regulations.

Iwould draw your attention to the terms of the contract which you agreed to atthe time that this account was opened. It is an implied term of that contractthat you would conduct yourselves lawfully and in a manner which complies withUK law.

I amfrankly shocked that you have operated my account in this way as I had alwaysreposed confidence in your integrity and expertise as my fiduciary.

Icalculate that you have taken £xxx plus £xxxx which you have charged mein interest for the sums which you have taken. Total £xxx. Additionally,you have entered a default notice against my credit record. This defaultoccurred merely in respect of unlawful charges levied by you, or was the resultof impecuniositiy’ caused directly by the taking by you of penalty chargeswhich you had applied unlawfully to my account.

It maybe that you feel a claim for charges going back further than six years isinvalid because of your company policy or a misrepresentation of regulations.Either way, I would draw your attention to s32 (1) © Limitations Act 1980under which this claim is being made as it concerns time limits.

Inaddition to full payment of the aforementioned sum, I require that you removethe default entry from the register. Please note that mere correction oramendment to the entry will not be acceptable.

Irequire repayment in full of this money and removal of the default notice. Ifyou do not comply fully within 8 weeks, I shall begin a claim against you forthe full amount plus interest, plus costs, without further notice.

Payment shouldbe made payable directly to me by cheque, and to no other organisation or thirdparty.

Yoursfaithfully,

[dx100uk]

inc a copy of the soc

 

dx

[MARTIN3030]

Wow thats a very old prelim-I think from 2006.

[Shelley181146]

Wow thats a very old prelim-I think from 2006.

 

Is there a more recent one then?

 

dx, yes. I have done one but I ought to mention that I am attaching it otherwise they could say they hadn't received one. Thanks

 

Shelley

[MARTIN3030]

Account number................................... date etc

 

Dear Sir/Madam

 

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

 

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. Additionally,you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

Should County Court action be needed I will be seeking to rely on this.

 

 

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before action.

I trust this clarifies my position.

 

 

Yours Faithfully

 

Enc; Schedule of charges

[MARTIN3030]

Is there a more recent one then?

 

Yes I have just done one.....so you could say recent as 10 minutes.

 

Note-reference to credit reporting is optional

[Shelley181146]

Is there a more recent one then?

 

Yes I have just done one.....so you could say recent as 10 minutes.

 

Note-reference to credit reporting is optional

 

Good morning Martin,

 

Your fingers must be smoking

Cheers Martin.

I will use that one and include soc and get that in the post tomorrow.

[MARTIN3030]

It is particularly important that if the limitation arguement is to be used,that you introduce it early,it can be costly and difficult to bring up later if Court is needed.

In 2006,when we first began to discuss the prospect of success using limitation,it was unclear whether the Courts would be prepared to accept it.

I was one of the first Caggers,who successfully won the right to proceed following a case against Barclays in which they fought tooth and nail to have struck out.

Therefore,if this DOES end up in Court,I would be happy to provide a signed witness statement giving the details of my case,and although it was only small claims,nevertheless it is something I believe a Court could take into consideration-because the case was allowed to proceed after a hearing on application for it in Liverpool.

[MARTIN3030]

Good morning Martin,

 

Your fingers must be smoking

Cheers Martin.

I will use that one and include soc and get that in the post tomorrow.

 

But your efforts were good-in consideration of your input on the forums of late-you have 2 green blobs now.

[MARTIN3030]

I just thought that if I included the s32 legislation that BC 'might' realise that they were dealing with someone who had done a little research into putting their claim together and may cave in sooner rather than later! I appreciate I am probably dreaming slighty but it's only a small claim and I was hoping that if they pay this one out it would fund the court fees for my other c/c claims.

 

 

 

I am aware of a couple of BC claims that they have settled without any Court hearings and included limitation AND compound.

[Shelley181146]

It is particularly important that if the limitation arguement is to be used,that you introduce it early,it can be costly and difficult to bring up later if Court is needed.

In 2006,when we first began to discuss the prospect of success using limitation,it was unclear whether the Courts would be prepared to accept it.

I was one of the first Caggers,who successfully won the right to proceed following a case against Barclays in which they fought tooth and nail to have struck out.

Therefore,if this DOES end up in Court,I would be happy to provide a signed witness statement giving the details of my case,and although it was only small claims,nevertheless it is something I believe a Court could take into consideration-because the case was allowed to proceed after a hearing on application for it in Liverpool.

 

That is very good of you, thank you. Lets hope it's not required

[Shelley181146]

Good morning Martin,

 

Your fingers must be smoking

Cheers Martin.

I will use that one and include soc and get that in the post tomorrow.

 

But your efforts were good-in consideration of your input on the forums of late-you have 2 green blobs now.

 

'Green blobs'? prefer pink

[Shelley181146]

I just thought that if I included the s32 legislation that BC 'might' realise that they were dealing with someone who had done a little research into putting their claim together and may cave in sooner rather than later! I appreciate I am probably dreaming slighty but it's only a small claim and I was hoping that if they pay this one out it would fund the court fees for my other c/c claims.

 

 

 

I am aware of a couple of BC claims that they have settled without any Court hearings and included limitation AND compound.

 

That's good news. Were they recent?

[Shelley181146]

Prelim sent r/d (whoopi!)

 

Now lets see how they handle it..........

[MARTIN3030]

That's good news. Were they recent?

 

Yes

[MARTIN3030]

One of the most memorable is our very own Webmasters case.

The original charges were a mere £435 ...........but he got a whopping £2665.00 after Barclays bottled it as Court proceedings escalated

Barclays will often leave settlement until after bundle exchange-since they know the work and know how involved can faze some people.

They were not reckoning of Webmaster getting support from the CAG.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?206050-Webby-v-Barclaycard-**WON-with-CCI-and-Older-Charges**/page2

[slick132]

Hi Shelley,

 

You would benefit from reading through some of the BC **WON** cases here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[Cadbury1879]

Subbing, may be going down the same road.

[Shelley181146]

Hi All - Just thought I'd give you the latest on this. Barclaycard have replied and offered a settlement of all charges dating from 3/6/05 with interest at the rate they charged me at the time (18.9% apr monthly 1.456%). They state that their records only go back 6 years and quoted "further to your request for a refund of fees charged since January 2003, it may help you to know that, additional fees were not introduced until August 2001 and from 1 August 2006, Barclaycard reduced it's fee to £12.00 following the publication of the statement by OFT. In accordance with guidelines issued by the FSA, Barclaycard only hold copies of statements for 6 years and therefore I regret that we cannot access information regarding fees charged prior to June 2005."

 

Lucky that I still have them though, isn't it ? Reply will be in the post tomorrow - anyone with any original ideas for content would be greatly appreciated

 

Hi Shalzak,

I am extremely happy read your thread as I have started claiming (lba letter already sent). But, naturally, they are playing their usual delay tactics.

 

Like you, I have my original statements, including original agreement! Ha, but they don't know that bit yet. That's my trump card.

 

Reading your post, Ii take it they are not aware that you have yours either? Personally, I would photo copy and send along with spreadsheet itemising each one including compound interest asking them to add to your cheque, will save on administration!

 

Keep us posted please on your progress.

 

Shelley

[slick132]

Hi Shelley,

 

I moved Shalzack's post onto their own thread to avoid hijacking yours.

 

It's here - http://www.consumeractiongroup.co.uk/forum/showthread.php?308850-Barclaycard-advice-please

 

I must've done this just as you had replied.

[Shelley181146]

The latest on this claim - Prelim sent r/d 16th June 2011 giving 14 days to respond. Hadn't rec'd anything so followed this with lba 6th July 2011 also r/d. Track/trace confirms receipt of this 7th July 2011. Barclays wrote to me on 7th July 2011 advising that they had written to me on 23rd June 2011 which was never received, asking for details of previous address(es) to verify security processes. Naturally, I replied 11th July 2011 with relevant information and still advising they have until 21st July 2011 to respond positively with my claim.

 

Can someone please direct me with how to draft my N1 form for the courts please? Do I just provide brief details on the N1 form or the whole case? Is there a 'semi-template' for unfair charges claim?

 

I have got original statements for each of the charges together with my own photo copy of CCA which I kept on file 10 years ago so I haven't Sar'd BC. If it has to go to court they maybe hoping that I don't have originals. There is NO PPI involved on this.

 

Due to government cuts the nearest court has been closed and the one I should deal with is only now open part-time during the summer months so I would like to get this in court office on Friday please.

 

Appreciate any help available.

 

Shelley

[ims21]

Hi Shelley

 

If you are now at the stage where you need to issue on court you must not rush this. You will need to prepare a proper POCs to go with the N1.

 

I know its back to the reading again but have a read around the BC forum and particularly some of the "WON" threads to get an idea.

 

This is the point when you need to become fully familiar with process and content.

 

Regards

 

ims

[Shelley181146]

Thanks ims.

I have already partially done a POC and I am checking it's contents to refresh my memory where I got the original information from so as not to appear an idiot if I have to attend court.

 

Do I now amend the claim value to include compound interest to date or should this remain the same figure as I sent in lba?

 

Cheers

Shelley

[Shelley181146]

Also, when should I include the stat int and from what date?

 

Shelley