Barclays taking me to court when I was about to take them, Help!

[noomill060]

The interest is the ace up your sleeve and may have the same effect as a battlefield nuclear weapon- wiping out your entire debt and putting them in the embarrasing position of owing YOU money and having brough you to court for a debt consisting of unlawful charges.

 

Judges dont like unlawful.

[noomill060]

Hi bookie- no problem. I'll be here for a wee while yet.

[slick132]

Hi Libel,

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

If you enter all the charges onto the spreadsheet, it will calculate the interest at 8% which you can claim on top of bank charges.

 

Slick

[noomill060]

And as bookie says- the alleged debt contains charges which have been declared unfair by the OFT who are taking high court action over similar charges.

 

Most of our reclaim cases have been stayed by the Courts because of this. If all else fails ask for a stay on the same grounds.

[noomill060]

Forget 8% interest, you can claim all interest you have been charged at % rate you were charged.

 

PLUS a further 8% County Court interest.

 

 

Charges + Contractual Interest + court fee + 8% pa CC interest= claim

[noomill060]

Hi slickwilly- sorry, my last post sounds very rude- yes, of course there are spreadsheets to do as slickwilly says.

 

The 8% is for the county court interest which goes on top of the contractual interest.

 

Apologies for the bumptiousness of my last post, just wanted to make sure they got all their interest removed from their alleged debt.

 

Sorry for any offence caused.

[slick132]

None taken Noomill !

[libellule]

Hi again, and thankyou very much for the replys, I have done the spread sheet, with 8% interest it comes to 3007.34p. Ive just realised they took both business & current accounts into consideration and I only had my current statements, there are charges on my business also, but I feel this is too late to look into. How do I request a stay if they decide to go for it with me? is it too late now its going to court? Would they ccj me anyway or accept the offer I made of £50 to clear the other. Also how do I find out the other interest you were talking about?

Sorry for the blabbing, and many thanks

[noomill060]

lib- Barclaycard charged you a damn sight more than 8% on your charges.

 

Probably 19.9%

 

BIG difference.

 

For example:

 

On a £20 charge debited on 25/09/01, by today, you will have acrued £46.48 interest.

 

So on this one charge alone, you would be able to reclaim/ have removed- £66.48.

 

Ie: On this one charge, they havent actually charged you £20- but £66.48 in total and are taking you to Court for it, and its all completely fake, bogus, unlawful and lets face it, a completely fraudulent use of the legal system.

 

At 27%, the total figure is £101.57

 

Worked out at 8% - the total is £32.49.

 

Less than half what has actually been debited to you account.

 

So work out the interest at 19.9% or whatever you were charged. This figure will be on your statements.

 

You will be able to reduce your debt by a lot more yet.

[noomill060]

Use this- Compound interest calculator

 

Then- when you have worked out the the interest levied on each charge.

 

Add charge + interest and do the 8% thing.

 

This is to claim the additional 8% as you are entitled to do under the County Court Act 1984.

 

Do some reading round the threads on here, so you get a feel of how things work.

[noomill060]

Right- you also need to claim back the charges on your business account as well.

 

Ba***ardcard is going to end up owing YOU money, by the look of things.

 

If your subject access request was for all data they held on you and you havent recieved it all (ie: your business stuff was missing) you can take legal action to force them to supply it, but you need to get started NOW.

 

I've done Barclays in court for failing to comply with an SAR several times now, and they have always ended up complying and each time it has cost them £200 in damages! Read my sig.

 

I'll give you the links in a bit.

 

Oh, you'd be wise to inform the ICO as well.

[libellule]

Hi again, and thankyou. though my printed statements dont show the interest rate applied. there are intrerest charges next to the other charges though. Unsure how to work these out. Is it too late to go for my other statements now? My defence etc has been filed, I havent taken into account in the total admitted the other interest accrued. Can I add to my defence even if it has been sent off? change the amount admitted?Confused.com here! Sorry I feel so thick! I need to find the interest to calculate each charge + 8% I understand, there are alot to go through! many thanks

[libellule]

Just found two different interest charges for my account, 9.9% & 27.5%. at 9.9% its quite alot.

[noomill060]

lib- your contractual rate should be something like 19.9% or 21%.

 

It WILL be on your statements and you should calculate the interest reclaimed using this figure

[noomill060]

Right- calculate interest at 27.5% and watch you debt dissolve before your eyes.

 

Then-

 

GET ANGRY

 

VERY VERY ANGRY

[noomill060]

Yes, you can add to your defence.

 

Use the Compound interest calculator

 

enter date charge applied as the start date

 

360 day year

 

12 "rests" per year

[libellule]

I am already

[libellule]

wow, now what!

[libellule]

just one out of interest would be £25 from 23/05/01 - 06/11/06 = £95.96 (is it the accrued or the owed total?)

[libellule]

how can I add to my defence and change amount admitted?

[libellule]

can I write them a letter with my findings? aswell as the business account staement requests?

[libellule]

noomill u still there hun?

[noomill060]

Back again.

 

That figure of £95.96 is the total amount they have unlawfully added to your "debt" and is therefore unenforceable.

 

 

Do the same for the rest of your charges then come back when you have the total unenforcable charges+ interest.

[libellule]

Hi again, I got a letter today from Barclays, it writes in response to my defence and counterclaim. They are prepared to accept the £50 per month in reduction of the 1527.25 admitted, and have requested a stay until the test case in jan 08, if found in favour of the banks theyd expect the full repayment of the full amount of the claim. Allocation questionare copy included. Now what? !! any help gratefully received.

[noomill060]

Looks like you've got the stay you wanted, then!

 

This gives you time to change your defence as you are now aware that your alleged "debt" is far smaller than you thought, that you may be owed money by them.

 

I'm going to pm a mod who can offer advice how to change your defence and counterclaim.