trancyb vs Barclaycard - probably **WON** with Compound Int't

[trancyb]

Cool, cheers for the heads up. She mailed me last night and is going to have a look in here. Fingers crossed i can get the T&C's and file this early next week!

[trancyb]

Well i still dont have the letter i need to get the fees waived but have requested another today.

 

Do i still do as i did before and take the N1 etc and the waiver form and letter to the local court? I have read that the MCOL route is no longer the way to go.

[slick132]

What letter are you referring to in para 1 above.

 

If you're in the early stage of the claim, these days it will be dealt with by the Salford CCMCC. It's only later that it gets transferred to your local court.

 

[trancyb]

It was a letter to say im entitiled to get the feeswaived thankfully!

 

Ah ok, i guess i can find that in a thread somewhere so will go sort that in a minute. Cheers for the info again bud.

[trancyb]

OK then, N1, POC, SOC and everything else sent off to Salford by Special delivery today!

[Shelley181146]

Hello Trancyb,

 

Apologies for the delay.

I have located the T&C's I think you refer to earlier. Have a look and see what you think.

They relate to August 2001 and July 2002 - Hopefully, you won;t need them but it is important that you fully understand it's contents.

 

Shelley

Valid from 08.01.pdf

Vaild from 07.02.pdf

[trancyb]

Cheers for that Shelley. Fingers crossed they are going to give up easy, i could do with it hurrying up! But hey they will do as they please of course.

[Shelley181146]

Yes, I 'm afraid they will play electronic ping pong with you for awhile in the hope you'll give up. Stay the course, you'll be fine.

[trancyb]

Cheers Shelley, seems i just delayed it on my own!!!

 

Hmm just got the papers sent back as not enough copies. Didnt notice anywhere that they needed more than one copy.

 

Is it just 2 copies i need to send? One for the court and one for Barclaycard? Dont want to get it back again!

[slick132]

Best to send 3 copies of everything - Claim Form N1, your SoC and your PoC's.

 

Court will keep one set for their file, they send one to the Defendant with the court stamp and return one to you, stamped too.

 

[trancyb]

Oh god. Sent 2 copies off today as there leter said one for them and one for each defendant. I guess i will wait for that one to come back to me as well then.

 

Also sent a letter to tell barclays to stop chasing my overdraft as they wrote threatening legal action over that too! Oh the joys!

 

Cheers for the heads up though slick at least im ready for it this time.

[trancyb]

Well it Seems that I got lucky. Just received the notice of serving from the courts so that's all done.

 

Also managed to get Barclaycard and Barclay's Bank To stop chasing me for the outstanding debt that I have with them. So thank you very much for the advice on that slick that has been extremely extremely handy.

 

As soon as I get my Internet reconnected I'll be able to figure out what the next step is until then I'm stuck on my phone.

[trancyb]

Hello again! Right thats the internet back on!

 

I got there defence, and an offer letter. Offering the usual 6 years and 8% stuff.

 

They have pointed out 4 charges i had still missed on my SOC that they had refunded. Does this mean i need to sort out amending this with the courts? Makes about £70 difference including the interest.

 

Going to email them back with a new SOC and reject their offer.

[slick132]

Hi Trancy,

 

No need to amend this with the court. It can be resolved during current or future negotiations to reach settlement.

 

This all sounds good to me.

 

[trancyb]

Hey Slick, hope alls good.

 

Cheers for that, glad i dont need to go through amending with the court!

 

Sounds good to me too, seem to have the ball rolling with offers quite quickly at least. Going to try and call to check he got the email, or at least check the emil address with customer services. From what ive read, they dont seem too accurate with there emails on their correspondence.

[trancyb]

Well, that was easy! Got straight through to the person that sent the offer! Email received and he will be looking at it today and responding by tomorrow!

 

 

 

fingers x'd then

[slick132]

Noted but now you know the email addy is correct, keep everything in writing only - NO phone calls.

 

[trancyb]

Ah yeah, no worries there! Was literally to know i won't be waiting weeks for a response when the email didnt go

 

Hopefu;;y he will get to it and make me my next rejectable offer pretty quick. Or better still cough up!

[trancyb]

Ok so i got a reply again slightly higher offer but still not enough.

 

There is a paragraph that concerns me slightly and i would like to post up the letter. However it talks about the confidentiality thing as ever. I know i can (and will) just cross it off the offer i accept. But can i post the contents of the letter without worrying?

[trancyb]

Just noticed it says "by accepting this offer i accept confidentiality" so as im not accepting the offer its not an issue.

 

Wish i could cut and paste from it but as its a PDF i can't. Annoying.

 

They are saying re restitution that as my balance is unpaid, they dont believe barclaycard have been unfairly enriched to the level i allege.

 

Is that bit about the int in rest standard or could they have done the maths and decided its too much?

[slick132]

Forget confidentiality now and whenever you DO get to accept their offer. You don't have to agree to this at all.

 

The point about interest in restitution is not entirely valid. You're entitled to claim the Int't in Restitution but the refund total can be set against any unpaid balance.

 

If they offer you close enough to what you want from them, you can THEN negotiate downwards a little to reach a final settlement figure but you don't need to back down on Int't in Rest'n at this stage.

 

[trancyb]

Is there a standard rejection offer? or should i be explaining why i think they are wrong?

 

Will it do to send this

 

 

Thank you for your offer dated 26/03/13. As previously stated, court action will proceed unless settlement of the amount shown on my Schedule of charges is paid in settlement.

 

However i am happy to use this to pay the balance of my credit card and the majority of my outstanding overdraft with Barclays.

 

many thanks

 

 

If thats ok i will use it, if not do you have a link or your prepared version

[slick132]

I refer to your offer dated 26th March but must reject it.

 

My claim to interest in restitution is valid. However, with regard to unpaid arrears on the account, I am agreeable to the refund being set against this and against my Barclays overdraft.

 

My court action will continue unless you agree to settle my claim on the basis of my Schedule of Charges, plus daily interest to date.

 

I will not agree to confidentiality unless you are prepared to pay for my silence.

 

[trancyb]

lol you star. I especially like the last line there

 

Ill get that off now. With any luck ill ahve a new offer for tomorrow.

 

Huge thanks again slick!

[trancyb]

Ok no new offer so far.

 

I got the AQ and the confirmation of defence though.

 

I have a section that says i am not entitled to the interest claimed and that charges were added to outstanding balance not charges.

 

They have also made a bit of an error on here, as they have stated everything before march 2013 is statute barred due to limitations act!! Will they get away with a typo like that?

 

Also is there any point in me emailing him to point this out?