BARCLAYCARD **WON** Charges repaid with compound int't and DN removed**

[shutmeup]

Hi Shelley,

 

The Draft directions i used were copied from your Won thread!

 

The AQ i filled in using the library template so i think that should be ok, seems a straight forward document and i took note of what Slick said to write down, also in your Won thread!

 

I haven't thought about contacting them again, just thought they would be waiting to see what my next move is.

[slick132]

Hi SME,

 

Deal with the AQ first and deal with the matter of negotiation afterwards. Are you sure you have a valid direct email address for a Barclays Litigation Team member.

 

The link to the Court Bundle has been faulty for ages. Send me a PM with your email address and I'll send you back the Court Bundle as a Word Doc't.

 

If you followed the guidance from other threads, your AQ and Draft Directions should be fine. However, if you them checked, post them up.

 

[shutmeup]

Hi Slick,

 

Yeah the letter i had was from the Litigation and Special Investigations Dept and i emailed the Paralegal dealing with my claim.

 

My AQ and Directions should be fine as they are exactly the same as the other ones you advised on minus personal details.

 

I've sent you a pm.

[slick132]

Court Bundle sent to you but please confirm you've rec'd a copy you can open and use.

 

[shutmeup]

Ah, there was one point on the AQ i've forgotten to ask about.

 

On section B i've asked to be transferred to my local court but at the top of the page i've put the ccmcc address (Northampton) for the Name of court as it has to go there first. I assume this is the correct procedure?

 

Also on the Draft Directions i've put Northampton again as i assume it will be up to them whether they issue the directions, not my local court.

 

Have i got his the right way around?!

[slick132]

Hi SME,

 

I thought CCMCC was based in Salford, not Northampton ?

 

If I understand correctly, the new CCMCC process deals with the initial stages of your claim. After your AQ is returned, I assume they transfer the case to your local County Court, who will decide if your DD's are to be used or what other Directions are required.

 

So the AQ and your associated DD's will go back to Salford.

 

[shutmeup]

Hi Slick,

 

The address to return the AQ is Northampton CCMCC, P O Box 527, Salford and the top part of the Notice saying a Defence has been filed says 'In the Northampton (CCMCC) County Court' so i have used Northampton as the court name in the Draft Directions.

 

I phoned the CCMCC earlier to check this as i wanted to post it today and was told this was ok, so now i'm going to get started on the court bundle.

[slick132]

Well, how confusing is that !!

 

The Northampton CCMCC is in Salford !!

 

[shutmeup]

I phoned the CCMCC today to make sure there was no problems with my AQ and was told my case was transferred to my local court a couple of days ago and i would be receiving a letter shortly.

 

Does that mean i should now start printing my court bundles out ready?

 

I'm also starting to feel slightly concerned after reading other threads, the amount of correspondence between BC and Shelley for example, where as i have been completely ignored by them!!

[slick132]

Hi SMU,

 

Each case is individual so don't assume yours will be the same as any other.

 

Wait until you receive Directions from the court before printing the first 2 bundle copies for the bank and the court.

 

Don't rush to contact BC - you don't want to appear too desperate. Hold your nerve for now.

 

[shutmeup]

Hi Slick,

 

will do, i just wondered why they would make an offer and then not follow up on it when i turned them down.

 

For my bundle i have the following, is this correct and everything i need? -

 

Every letter sent and received about charges. ( should i include formal complaint letters i sent 18 months ago when BC never sent a proper S.A.R so i couldn't work out charges?)

 

Receipts showing each letter posted.

 

T+C's from when the account was opened, plus the application form.

 

Schedule of Charges. (does the interest need to be up to date or the date the claim was opened?)

 

Every statement that has a charge on it.

 

Relevant case law summary. (Can i just print out all the examples used in the bundle you sent me?)

 

Early day motion.

 

OFT summary.

 

Do i need to include the other parts of the bundle? (Dunlop vs New Garage, UTCR 1999, UCTA 1977, SOGA 1982)

 

With regards to the summaries and references to -

 

Kleinwort Benson v Lincoln City Council (regarding s.32 Limitation Act 1980)

 

Sempra Metals v Inland Revenue Commissioners (re Interest in restitution)

 

the examples i have found of them online run into a lot of pages, shall i include everything?

 

Sorry for all the questions, just want to make sure i have everything correct!

[slick132]

Did you respond to their offer by mail or email.

 

Did your refusal of their offer seek a reply from them, or did you simply decline their offer.

 

If you feel they should have responded send an email or letter saying:-

 

I understand from the CCMCC that my claim is now being sent to my local court and my evidence is being prepared in readiness.

 

To avoid the further time and expense associated with the case proceeding in court, I am willing to accept payment of the sum of £xxxx being the amount claimed plus daily interest to date.

 

In the circumstances, I would appreciate a prompt reply. To save time, you can reply to my email address - xxxxxxx@xxx.

 

Re your Q's above, only include letters relevant to your request for a refund of chgs and leave out any relating to

 

Include the Dunlope case as per the bundle.

 

Regarding the relevant case law for the Kleinwort Benson and the Sempra Metals cases, you could source and print case summaries for each but you should also print out more relevant sections of the court final rulings.

 

Your court bundle will run into several hundred pages. That's why you should only print and paginate it when absolutely necessary.

 

In preparation for printing, make sure you have a couple of packs of paper and black printer cartridges ready.

 

[shutmeup]

I emailed them using a letter from another thread, i think you wrote that one as well. -

 

 

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 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 of 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.

 

Thanks for writing the letter above, i shall send them that and see if i receive a response.

 

Although i am in 2 minds now, like you said earlier i dont want to appear desperate!

 

One final thing, you said to include the Dunlop case so shall i leave these ones out then?

 

UTCR 1999, UCTA 1977, SOGA 1982)

 

Thanks again for your help.

[slick132]

Sorry, No.

 

Include UTCCR, etc as referred to in the bundle.

 

[shutmeup]

I have received a letter from BC today asking why i never responded to their offer and that they remain interested in resolving these proceedings before either party incurs the cost of attending a hearing.

 

The person dealing with this, their email address on the letter is xxxxx o'reilly yet in his previous letter his address was xxxxx oreilly so i have been emailing a wrong address!

 

Unbelievable, i've been here for over 2 weeks wondering why i never received a reply and he's probably been thinking i'm playing hardball!

[slick132]

Write to them as per post #88 but start by explaining that you replied to the incorrect email shown on their letter of xxdate.

 

[shutmeup]

Hi Slick,

 

Yeah i will start again, i'm going to ring him up Monday morning to make sure that is defo the right email now as i had the letter from the CCMCC yesterday saying the case has been transferred.

 

It says i will be receiving notice of allocation soon so i assume that would be when the 14 days start to hand over the court bundles so there isn't a lot of time left.

[slick132]

No, when the claim is received by your local court, it'll be reviewed by a judge who will then give Directions for how the case is to proceed.

 

If a Hearing date is set, the Directions will specify the date by which your bundles are to be filed and served.

 

[shutmeup]

I have received another letter from BC today stating they have 'recalled' my debt from Lowells.

 

I thought once they had sold a debt they claimed tax relief on it so how could they buy it back?

 

They have offered to clear the debt as a final settlement but coincidentally the amount i owe to them is exactly the same amount as the charges i am reclaiming, they have not offered to pay any interest at all so i am not going to accept it.

 

Also last week i managed to get Lloyds to backdate a defaulted account and as of tomorrow this BC Default will be the only negative mark on my credit file, the default amount is entirely charges so as it stands i cannot get any credit solely because of BC wrongly defaulting my account.

 

The argument i used with Lloyds (not defaulting the account for 3 years while on arrangement to pay) will apply to this account as well so i now have 2 good reasons for BC to remove the Default from my credit file.

[slick132]

Personally, I see no reason why a debt can't be bought back by BC, if they so wish.

 

BC bought an a/c back from a 3rd party owner last year in a similar way When the court case was heard, the claimant failed to convince a judge that this was wrong.

 

Please remind, approx what's the chgs value, the int't value and the value of the unpaid a/c.

 

[shutmeup]

Hi Slick,

 

The charges total around £650, i owe BC £2 less than the charges total and the interest is around £2500.

 

Do you think i should accept their offer?

 

Although the interest payment would come in very handy my main purpose is to clear my credit file and if BC agree to wipe the debt then they will be admitting the charges were wrong and i will go after getting the default removed.

[slick132]

No, I think you should continue and seek pay't of the int't in rest'n.

 

They've recalled the a/c debt as a precaution, to avoid you getting a full repayment and NOT clearing the debt with the DCA. This actually looks encouraging to me.

 

Do not assume that, if you accept their offer now, they'll agree that the DN related to penalty charges so they'll remove it - most likely, they will not ! They'll say that any offer to refund carries no admission of wrong doing and is made as a goodwill gesture.

 

If you want your money and a reasonable chance of the DN being removed, reject BC's offer and say that, while you are happy for them to reduce your refund by the amount o/s, you still require repayment of the balance which is currently £xxxx.xx as per your calculations.

 

[shutmeup]

ok, i'l forget about defaults for now!

 

I'l turn down their offer and say what you've written above.

 

Thanks Slick.

[slick132]

ok, i'll forget about defaults for now!

 

I think if you do as I suggest, this will be your only chance to have the Default removed.

 

[shutmeup]

I've received another offer from BC today to settle my claim and they have now offered to pay interest on my charges, but simple not compound, which makes a lot of difference!

 

Their offer is still nowhere near the amount i am claiming so am going to reject this latest offer and tell them if they wont settle at the amount i am claiming, or close enough to it, it will have to be decided in court as i have also today been set a hearing date for the middle of April so it looks like i will be headed to court to argue my case.