Barclaycard penalty charges - probably **WON with Compound Interest**

[suga]

Thanks Slick and SS,

Very valueable reading posted by SS and slick regarding adverse data removal .

thete are debts 0f £1788 on this a/c sold to MKDP .

I should add that Paragraph above in post 23 by SS in POC .

[slick132]

Hi Suga,

 

In my post #19, I asked you what you have drafted for the bottom of the POC under "And the Claimant claims ........"

 

I refer in particular to 19(2) and 19(3).

 

CAG Site Team have discussed the issue of whether to include mention of adverse CRA data in the POC. It's been suggested that a court is not likely to rule on the issue of adverse CRA data or DN's being removed. If an a/c balance is wholly settled by refund of penalties and restitutionary interest, there's a strong case to argue that related CRA data should be removed but this would be an issue for the ICO.

 

My own opinion is that you should also argue for adverse CRA data to be removed even if only part of the unpaid balance is penalties and interest, due to the reported data being inaccurate.

 

If you want to include an item at the end of the POC's under "And the Claimant claims ......... , you could say :-

 

(4) A declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges.

 

But you may choose to leave this off and deal with the matter with the ICO in due course, once a refund of penalty charges has been agreed.

 

Edited October 28, 2014 by slick132

[suga]

Hi Slick,thanks for your reply .

Site team has a very balanced approach in regards adverse data removal reference inclusion in poc .

 

Section 19 (1) (2) is as below:

 

19. The Defendant has not repaid them or any of them.

And the Claimant claims;

(1) A declaration that the sums totalling £xxxx have wrongly been applied to the Account. Some of these charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council.

(2) Payment of the said sum of £xxxx and interest in restitution of £xxxx as per Sempra Metals v Inland Revenue Commissioners.

Besides I will also add that paragraph under section 19 suggested by you referrred to adverse data .

 

A declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges.

hopefully that will complete poc draft.

[slick132]

Hi Suga,

 

So you should end up with 5 headings under 19. and I would put the adverse data item at 19(4).

 

[suga]

Hi Suga,

 

So you should end up with 5 headings under 19. and I would put the adverse data item at 19(4).

 

this is how I laid out :

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims;

(1) A declaration that the sums totalling £428.00 have wrongly been applied to the Account. Some of these charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council.

(2) Payment of the said sum of £428 and interest in restitution of £xxxx as per Sempra Metals v Inland Revenue Commissioners.

(3) A declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges.

(4) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum on the day until judgment or sooner payment.

(5) Court costs of£115.00.

[slick132]

Looks good apart from :-

 

(4) Interest under s.69 of the County Courts Act 1984 at the rate of 8% per annum [daily rate of xxp per day] from the claim-issue date, until settlement.

 

[suga]

Looks good apart from :-

 

(4) Interest under s.69 of the County Courts Act 1984 at the rate of 8% per annum [daily rate of xxp per day] from the claim-issue date, until settlement.

 

I will add daily rate int per day as suggested.

[suga]

One more question

How many copies of n1 form should be sent?

and part from soc sheet what else should be sent to ccmcc.

[slick132]

Hi Suga,

 

Get the daily rate using this formula :-

 

Chgs + rest'y int't total per SOC x 0.00022. So if your chgs were 150 and rest'y int't was 350 - 500 x 0.00022 = 11p per day.

 

Print off 3 copies of the N1, the SOC and your POC and send them to CCMCC.

 

[suga]

Hi slick

Int worked out well .

Will post it tomorrow

Thanks for your help and guidance again.

[suga]

Hi,

I checked on royal mail web N1 form had been recieved by CCMCC on 4th Nov .

court fee was paid with Postal orders .

what is next step now and would postal orders will delay the process.

[SabreSheep]

Keep a copy of the N1 for your file. The court will not send one back to you

[slick132]

Hi Suga,

 

Sit tight and wait for news from CCMCC or the Defendant.

 

I thought the court would send you a court-sealed copy of the N1. Did you send them 3 copies of the N1 when you filed the claim ?

 

[SabreSheep]

On my first claim I sent 3 copies. Never received one back. (Not even with the fee remission documents that were returned) Upon inquiry the court said they do not return one to the claimant.

[suga]

Hi Suga,

 

Sit tight and wait for news from CCMCC or the Defendant.

 

I thought the court would send you a court-sealed copy of the N1. Did you send them 3 copies of the N1 when you filed the claim ?

 

Hi Slick

3 copies of N1 form were sent along 3 copies of soc

Edited November 10, 2014 by suga
more information

[suga]

On my first claim I sent 3 copies. Never received one back. (Not even with the fee remission documents that were returned) Upon inquiry the court said they do not return one to the claimant.

HI SS,

I wonder how they will deal with my claim now ,

[suga]

slick- should I start to prepare for court bundle if I do , I need our caggers guidence/help , I will rely on you .

[suga]

Keep a copy of the N1 for your file. The court will not send one back to you

HI SS ,

I did keep one fior me .

[slick132]

Hi Suga,

 

Whether you get a sealed copy back or not, the claim WILL be issued and you'll hear of progress IDC.

 

As always, read other WON or "probably WON" cases in the BC forum or the Barclays Successes forum.

 

Preparing the info needed for your court bundle is a good idea. Gather the necessary info together in a folder on your computer so there's no last-minute rush.

 

There are a lot of pages to gather so it's hoped you won't need to print out the initial 2 copies to File and Serve, plus the final copy for yourself in the event of a court hearing. But being prepared will keep you ahead of the game.

 

If you need a copy of the CAG Basic Court Bundle, I can send you one by email. See my PM about this.

 

[SabreSheep]

How i prepared for my cases was to scan in on the computer and file electronically as well as physically.

I also printed a copy of any correspondence and for letters sent to court and defendant I scanned in a hard copy with the proof of postage attached to the front. Then when delivered I attached a copy to the back of the hard copy I sent.

 

I saved files with a naming system. Use what works for you. Mine was DATE-CASE (EG BarCC) - Sender eg (ME/BARC)- Subject (EG N180) -page

Mine was prob more complex than it needed to be but having it all scanned in makes it easy to resend information (Via email as well) when the court misplaced documentation.

 

This effectively builds the correspondence part of your Bundle as you go and reduced the workload later on

[suga]

How i prepared for my cases was to scan in on the computer and file electronically as well as physically.

I also printed a copy of any correspondence and for letters sent to court and defendant I scanned in a hard copy with the proof of postage attached to the front. Then when delivered I attached a copy to the back of the hard copy I sent.

 

I saved files with a naming system. Use what works for you. Mine was DATE-CASE (EG BarCC) - Sender eg (ME/BARC)- Subject (EG N180) -page

Mine was prob more complex than it needed to be but having it all scanned in makes it easy to resend information (Via email as well) when the court misplaced documentation.

 

This effectively builds the correspondence part of your Bundle as you go and reduced the workload later on

 

Thanks SS for your guidance in details ,certainly will help.

[suga]

I recievd claim issue notice.

claim was sent to barclays on 6th Nov and will be deemed served on 10th nov . Barclays has untill 24 to reply .

[SabreSheep]

BC seem to follow a patten.

 

They will ack the claim

Then they will write to you telling you your all wrong. Maybe make ap relim offer.

Then they will file a defense and copy that to you

Accept mediation when the court sends its direction questionnaire

When a mediation date approaches you MAY get a serious f+f offer

[suga]

Hi SS

It is a time consuming exercise to follow , before barclays cough up .

[SabreSheep]

The real time consuming bit is understanding the law you are going to use. That "Prep" is what may make a differnce between settlement during or just after mediation vs having to create the bundle in paper form.

 

Time consuming? Only if you let it be