karhuss & hubby vs Barclaycard "WON"

[vogelrok]

i have just been looking at this on another thread. please understand this is just from the way i read it.

 

if a stay has been put in place against your claim, you will need to object to this very strongly. but dont use the template for the bank OFT test case. as the OFT have already ruled that the charges by CC are unlawful above £12. thing someone is working on a nice template letter with regards to this.

 

im not all clued up on it myself yet, trying to work out my next cause of action with regards to my unlawful charges.

 

also i think it is wrong that the banks are getting a blanket STAY across the board. when yourself and me and any consumer has to pay a indivual charge to do such. sure this should be noted in the letter. this is unfair on the consumers part, which is being enforced by the courts. british justice. mmmmm

[pjdavies2000]

Hi Karhuss

 

If you send me a PM with your email addy I'll email you a template letter for stay removals I have been working on.

 

Be aware though that you will have to file an N244 with your local court and pay £35.

 

Not great, but that's how it is.

 

I have to say that the letter I have been working on is taken from Zootscoot and added to to highlight CCard claims differences to Overdraft claims and the Test Case. It has not been properly tested in court, or by anyone, other than people saying they have taken it and modified it for their own needs.

 

I f you would like a copy, let me know.

 

Peter

[karhuss]

Thanks PJ, I apllied for judgement and BC acknowledged the claim the day after judgement day was up. I didnt think this was allowed.

[karhuss]

Have today received a letter from Emma Thompson, legal clerk for Barclays. The case was originally stayed until the test case so was suprised to receive this.

 

As you would have seen from our Defence, we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses, and are unfair. We do, however, recognise that it is not cost effective for either party to take this matter all the way to trial. Therefore, in order to avoid the inevitable time and cost associated for both parties in pursuing the claim further, we are prepared to settle your claim by returning to your account the charges applied to it, together with statutory interest and any court costs which comes to """££, subject to the terms set out in this letter.

The offer to pay is in full and final settlement of the whole of your claim and is strictly without any admission of liability on our part. By accepting this offer, you also agree that the existence and the terms of this offer remain confidential between us.

 

If you agree to this letter, please sign and return a signed copy of this letter to me at the above address within 7 days. You will also need to notify the County Court in writing that you have discontinued your claim against us. Please forward a copy of your letter to the Court after you return a signed copy of this letter to us.

 

 

Now the question I have is this.

 

The total charges I requested including contractual interest and came to £1800 so do I accept.

Should I phone and talk to Emma Thompson and possibly barter?

Should I express that I will not notify the court until I have received the money from them? My account balance is £645 so there would be a difference which I would want by way of cheque.

 

 

Any advice please

[karhuss]

sorry, offer is £956.16

[slick132]

The case should not have been stayed because it's a credit card claim.

 

Does the £956.16 include s.69 int't @ 8%.

 

Are you confident on the calculations you have done for Compound Interest.

 

BC will not easily agree to pay the CI which is why they've approached you to settle at less.

 

Have you made any move to have case unstayed.

 

I'm going to ask for opinions on how to move fwd from here. Please DON'T contact BC until you get further advice.

 

Slick

[karhuss]

Thanks Slick. I actually had £290 refunded to my account as a goodwill gesture which I refused but they never took it back. I am now wondering whether they will deduct this from the £956. Also the letter does not how they made up the £956 as there is no mention of the percentage of stat int nor the price of court costs although I didnt have to pay for them as I am on DLA. My claim was for CCI.

[slick132]

Hi Karhuss,

 

What was the total chgs you Filed for in Court.

 

What int't are you claiming in add'n, eg, s.69, CI, CCI and break down totals.

 

BC should be offering you all chgs + court fees paid less the £290 refunded so far.

 

Slick

[karhuss]

I have £842 in charges and interest is £1033.85 making the total claim £1875.85. I used 27.90% contractual interest which was on my Barclaycard statements. No county court charges.

[karhuss]

any advice please!!!

[slick132]

Hi Kar,

 

I'll come back to you about this tonite.

 

Have you had a look at Bookworm's thread - she won today - take a read there.

[slick132]

Hi Kar,

 

What system or spreadsheet did you use to calculate the CI or CCI please.

 

There is ongoing debate about what can be successfully claimed as BC will not readily pay CI/CCI.

[Paintball]

Hi Kar,

 

What system or spreadsheet did you use to calculate the CI or CCI please.

 

There is ongoing debate about what can be successfully claimed as BC will not readily pay CI/CCI.

 

I would agree with this Slick even though you are asking for the return of what you paid out ...

[slick132]

Hi Kar,

 

Just for sake of comparison, what difference would it make to your claim if you settled for s.69 int't only.

[karhuss]

WON!! WON!!! WON!!

Accepted the offer of £956 as this did not include the £290 already received. Spoke to Emma Thompson who paid the full amount into my account within 24 hours. Wow, great result. Its going to be a lovely Christmas. Thank you to everyone on the site who has given me advixe as I couldn't have done it without you. Now for my Bank accounts and I think I will reclaim my PPI back as well seeing I have been on DLA so couldn't have claimed on it anyway.

[slick132]

Hi KH,

 

I'm delighted for you and congratulations. Don't forget a site donation if you can.

 

Title will be changed to *WON* for you.

 

Great Result, Slick