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

[slick132]

Hi SMU,

 

I think you're right to reject the offer and to continue to seek compound interest. They will have to consider this again, now you have a date for the final hearing.

 

Keep us updated.

 

[shutmeup]

Hi Slick,

 

I've been reading up on a Wasted costs order, do you think i should mention this in my reply to them as i will have to print out my bundles soon?

[slick132]

Hi SMU,

 

You can certainly say you'll seek a WCO if you have to file and serve your court bundles.

 

As long as you have the Bundle prepared and saved, you can delay printing, filing and serving until you're required to by the court Directions (normally bundles need to be F'd & S'd no less than 14 days before the final hearing). Have at least 2 full packs of paper and spare ink cartridges or refills

 

Make sure you have read and understand the Directions so you make no errors. I'd prepare the bundles 7 days before they're needed, so you time to check everything and paginate.

 

[shutmeup]

I have received another offer from BC but it still falls £600 short of the amount i am claiming.

 

This is the 4th offer i've had from them now and i'm going to turn this one down as well as i feel they wouldn't keep making offers if they didn't think i had a strong case against them.

 

Do you think i am pushing my luck now?

 

I have also had a telling off from them as apparently ' i have no basis in law to threaten them with a Wasted costs order'!

 

I can't find the thread i read it on now but surely if it does go to court and i have to print off the bundles etc i can claim for this and time spent working on this claim?

[slick132]

Hi SMU,

 

I think you're right to reject the offer. There's enough time before you need to submit your court bundles and it'll save a lot of effort and paper if you can settle without preparing the bundles.

 

Barclays are right to an extent. Wasted Costs Order refers to a costs order made against a party (or their sol'r) when action has been taken continued unreasonably, while funded pubicly (Legal Aid).

 

However, without using the specific term (WCO), you can seek costs from Barclays if you are forced to prepare and submit your bundles and Barclays then settle before a hearing or they lose at it. Costs are, of course, given only at the discretion of the judge.

 

[shutmeup]

I'm pleased to say that i have now settled my claim against Barclaycard.

 

They wouldn't increase the financial side of their offer and i accepted £600 less than my total claim amount but they agreed to wipe my debt of nearly £650, remove the Default and remove all records of the account from the CRA's so for the first time in 8 years i finally have a clean credit file. Plus £2k in my pocket!

 

Thank you Slick for all the help and advice you've given me in this claim, as can be seen earlier in this thread i had absolutely no idea what i was doing when i started out so hopefully this will encourage anyone else thinking of taking this route.

[slick132]

Hi SMU,

 

I'm delighted for you on this win and your thread title's been amended to reflect an excellent result.

 

There's nothing wrong in accepting an offer that's close to your target, especially when you've avoided the huge task of Bundle preparation, printing, pagination and postage.

 

Getting the DN and adverse CRA data removed is very good as this can often be difficult.

 

Well done and don't forget a Site Donation if you can manage, so we can continue to help others.

 

Edited March 6, 2013 by slick132
typo

[shutmeup]

Hi Slick

 

Yep i'm very pleased with the result. My main intention when joining this site was to try and sort out my credit file and i've now accomplished that.

 

I can relax a bit now as i was starting to think it might go all the way after i kept turning down their offers and they would make me wait a week each time before sending a new offer!

 

I think i was lucky to get everything removed as i never put that in my claim and only asked at the last moment.

 

Will make a donation as soon as they transfer the money to my account.

 

Thanks again for all your help.

[ajs444]

Well done, gives us all hope.

[Bombaymix]

Fantastic news! Will be reading this from start to finish. I'm ready to finally start court action against sharkleys. Threads like this give us all hope

[Shelley181146]

Hello SME,

I am extremely pleased with your result and I sincerely hope that Barclays keep their word and remove the DN etc from your credit file. For the sake of a couple of pounds I would be inclined to get a copy now and and a further copy a little later down the line just to satisfy myself they have done what they promised.Unless of course they will send you something confimring they have done it?

 

Congratulations and well done

[shutmeup]

Hi Shelley

 

I did ask them to confirm when it has been removed, i have it in writing that they will remove everything so hopefully there will be no problems.

 

If they don't remove it all i shall be off to court again!!

 

This claim would have been settled a while ago but BC were insisting on confidentiality but i kept refusing and they gave up in the end so it's only today i can finally talk about it.

 

Although i thought i was pushing my luck at times, turning down multiple offers and then asking for the default removal, it was worth it as i settled the claim on my terms and not theirs.

 

It's been a good learning experience pursuing this and now LLoyds are next in line with my brothers PPI claim!

[Shelley181146]

That's good to hear.

 

Don't think you will find Lloyds to be as complying with your requests - they dont roll over - they frustrate the hell out of people - hence them getting huge fines for delaying paying peoples claims even after agreeing to pay them.

 

Would you kindly send me a link to that please - I'd be interested to follow that one

 

Good luck

[shutmeup]

oh yes i've already had plenty of dealings with Lloyds.

 

I think thats just their business model, to try wearing you down until you give up!

 

I haven't started a thread yet as he only recently had his complaint turned down by them and i've been busy reading everything i could on here in case my claim did end up in court but now i've got the time to go after them!

[slick132]

Shelly makes a good point.

 

Other banks will not behave in the same way as BC and may well take the case into court for a full hearing.

 

Then it's down to the adequacy of your Court Bundle and, of course, the judge on the day.

 

[shutmeup]

Just to finalise this thread, BC have confirmed today that they have removed all records of the account from the CRA's and i will now be notifying the court that this claim has been settled.

 

Thanks again Slick for all your help.

[Shelley181146]

Personally, I would be inclined to get copies of my credit files from each of the agencies to clarify they (B/C) have done what they say they have done before I notified the court of anything.

[slick132]

The problem here is timing.

 

You need to discontinue the claim asap AFTER they have settled, OR once you're satisfied that they've confirmed in writing their intent to pay what you want and clear the CRA files of data re this a/c.

 

Have they paid you yet.

 

Have you checked your CRA files to see that they're now clear.

 

[shutmeup]

Hi Slick,

 

I was paid yesterday and emailed them to see if they had removed the account and they confirmed today the account has been deleted and that there are no further references to the account with all 3 CRA's.

 

I have several emails from them regarding this and their signed offer to remove the account as part of the settlement.

 

One point i've been wondering was as it says Without Prejudice on the settlement would i not be able to produce the settlement in court at all, say if i had to take them to court again, or does WP just mean on that claim?

 

I haven't checked the CRA's as i'm not with any no more (except Noddle which wont update until next month)

 

I may be too trusting but they have kept their side of the deal so far, i have multiple points to go after them if they do mess me about and i will have to serve my Bundles soon if i wait for my credit reports to be sent out.

[slick132]

Hi SME and I'm glad they've paid up already.

 

As regards "Without Prejudice" being used, you can assume this relates to the issue of costs (in case you turned down a good offer and carried on with the court action).

 

As you have their written undertaking to remove the CRA data about the a/c, I'd write to the court immediately to confirm your Discontinuance of the case.

 

Check your CRA files in 2 months to ensure that all data has been removed. If it hasn't, you have grounds to ensure that it is removed immediately and grounds for seeking compensation for damage to your reputation.

 

[shutmeup]

Ok, i'll send the court the Notice of Discontinuance tommorrow and hopefully thats the end of it all now.

 

Shall report back in a couple of months if its not!!

[shutmeup]

I've just realised something else that may be affected by this as well from reading another thread.

 

I took out a new car insurance policy at the start of the week and as i pay monthly had to send a signed statement yesterday confirming i have no CCJ's or Defaults on my credit file in the last 6 years.

 

Has anyone got any idea whether this would invalidate my insurance and would have increased the price i had to pay for the policy?

[slick132]

Does the old Lowells default relate to the BC a/c ?

 

If so, you should take this up with BC immediately and put the CRA on notice that the default entry is being challenged.

 

Re the car insurance, you must be careful NOT to give an insurer any reason to declare the policy invalid due to non or wrongful disclosure. I would hope the question about any CCJ's or DN's is to do with whether they are happy to offer you credit based on your CRA records. The fact that they agreed to offer you insurance despite the CRA adverse markers suggests they were happy to offer you the monthly credit, DESPITE the CRA data.

 

Edited May 7, 2013 by slick132

[shutmeup]

Hi Slick,

 

Yes the Lowells account was bought back by BC a couple of months ago and at the start of last month was showing on Noddle as a BC account. The last update Lowells have made was on 25 March which is after this case was settled with BC.

 

Would i not take this up with Lowells then instead of BC?

[slick132]

I'd write to BC and copy to Lowells.

 

I'd tell them that any continued reporting of adverse data will be the subject of court action seeking compensation for damage to your reputation.