BCard v Davies (at present!)

[pjdavies2000]

Thanks for your comments, this seems to be the simplest way to go, and by making it a clause in the agreement, I suppose it is the simplest route.

 

to be honest, I am a little shakey on the whole CCA agreement thing, and unlike Peter above, would probably get quite tongue tied in court with it!

 

So, I think I will go with what you ahve suggested!

 

Thanks

 

Peter

[pjdavies2000]

I'm working on a pre-emptive strike for the apparent increase in CCard stays being granted - if anyone would like to have a look at these, or would like to have a look and make it better then PM me - I don't want to reproduce a restricted form on ope forum

 

Peter

[LS123]

HelloHad a letter from Southend Court yesterday to say that my Barclaycard case has been stayed! Need to apply to have it lifted now within the next 7 days - aargghh!!If anyone has any advice on how to do this please let me know - had a look on the templates library and it looks complicated

[pjdavies2000]

HelloHad a letter from Southend Court yesterday to say that my Barclaycard case has been stayed! Need to apply to have it lifted now within the next 7 days - aargghh!!If anyone has any advice on how to do this please let me know - had a look on the templates library and it looks complicated

 

You need the stay removl request form N435 or something, I think there is a PDF in the templates library.

 

You then need to state why you want it lifted. For CCards, I can't see why they wouldn't, the OFt have stated that a court is the only place where this could diffinitavely be agreed, and we all know (although someone should tell the judges!) that the bank case WON'T make a difference to the CCards as they are already proven as a contractual penalty by the OFT, the thing we need clarifying is how much they SHOULD be charging...and until they tell us, then they shouldn't be taking anything!

 

I have a letter prepared, if you would like one then PM me your email addy. If not, just use the reg stay removal letter, although this is more applying the human rights, rather than proven argument, in it.

 

Good Luck!

 

Peter

[emma1981]

HelloHad a letter from Southend Court yesterday to say that my Barclaycard case has been stayed! Need to apply to have it lifted now within the next 7 days - aargghh!!If anyone has any advice on how to do this please let me know - had a look on the templates library and it looks complicated

 

This is my first time on here as I have managed my claim so far from word of mouth. I received a letter from Barclays this morning regarding my claim from Barclaycard saying that this has now been stayed. Is there anything I can do now or is is just a matter of hanging on? Im now quite confused as to what to do next? Any advice would be grateful. Thanks.

[Paintball]

I'm working on a pre-emptive strike for the apparent increase in CCard stays being granted - if anyone would like to have a look at these, or would like to have a look and make it better then PM me - I don't want to reproduce a restricted form on ope forum

 

Peter

 

Can you email them to me please?

[pjdavies2000]

sure - just email me your email addy to:

pjdavies2000 @ hotmail . co . uk

 

Although I thought you'd won????

 

Peter

[Paintball]

sure - just email me your email addy to:

pjdavies2000 @ hotmail . co . uk

 

Although I thought you'd won????

 

Peter

 

Not won yet had the default removed though ... you already have my email addy as we're corresponded re your brilliant stay removal letter (scarlettgirl9)

Chhers Painty xx

[pjdavies2000]

ah!

 

well that's half the battle won!

 

Peter

[pjdavies2000]

Ok advice needed.

 

So the £112 BCard have refunded has reduced the outstounding balance to about £90 and a default.

 

The thing is, the whole £200 I had in debt to them was all made up from fees. So, as they ahve paid the £112 into my account, they have in theory paid £112 worth of charges off - not actually given the cash to me.

 

Therefore, by their own recognition, they now owe me £40, which is the difference again between the charges and the £12 OFT suggested maximum limit.

 

Should I therefore just send a letter to BCard saying that I now want that £40 refunded immediately, and will add the remaining £60 to my existing claim. And (this is where it starts getting complicated) when they refund that, say that they now owe me a further £16 (the difference in the £40) refund, and once that is in, a further £8, this being the difference from the last refund, and finally, with that £8 in, a further £8.

 

In total, this would mean they would end up crediting me with £72, purely from them conitnuously refunding the £8 differences.

 

I can then add the remaining monies to my claim, which will infact make it larger than it was to start with!

 

I think I have all this straight in my head - but it's whether it actually makes sense! If it doesn't to you guys, then BCard stand no chance of getting my meaning!

 

I was thinking of compossing a letter outlining the above, hoping they would just credit my account with £72. That would mean the outstounding balance would be about £15 or so, I could then pay that, and add a further £20 to my claim, but at least be in a settled state. I can then close the account, ensuring ALL monies come to me and not that god awful card!

 

Comments of 'Operation Confuddlement' below pls!

 

Peter

 

ps - Paint - the letter I sent was the pre-empt and also the post-empt strike!!!

[pjdavies2000]

Hi all,

 

After fine toothing my T&Cs from BCard and looking through the application form, I have realised that there is no mention of them charging me AT ALL for late payments and exceeding limits.

 

Is this just me, or is this on all T&Cs?

 

Also, still need some advice on last post!

 

Peter

[Paintball]

Hi all,

 

After fine toothing my T&Cs from BCard and looking through the application form, I have realised that there is no mention of them charging me AT ALL for late payments and exceeding limits.

 

Is this just me, or is this on all T&Cs?

 

Also, still need some advice on last post!

 

Peter

 

I'm still waiting to receive my T&Cs after sending the pre-action protocol request ... but this sounds as if it will act in your favour, Peter.

Re the credit to your a/c, I always say refuse as it will muck up your claim. What you will ONLY settle for is a cheque for the full amount you have claimed, no more no less!! Send a letter declining the part payment and reiterating your original request for payment of charges (plus interest?) as full and final settlement of your claim whcih you will be glad to accept in the form of a cheque and by such-and-such a date.

HTH Painty xx

[sticky80]

Hello!!!

 

...can i post my reply from my CCA here for you to have a look at or do i need to put it somewhere else? All a bit too technical for me, have managed to scan it tho, woo hoo!

 

Sticky x x

[pjdavies2000]

Hi Sticky, send it through to me.

 

Your thread - find it by clicking on User CP on the blue menu bar across the (almost) tiop of the page, the click All Threads,a nd yours will appear.

 

If you haven't got a BCard thread yet, then just start one, clicking new thread at the top.

 

HTH

 

Peter

[pjdavies2000]

So, sent BCard the rejection letter, stating again what I wanted, and how I wanted it, and could the cherry on top be one of those nice Glace Green cherries, and they replied with

We've given you a refund so please go away. Don't you think we have enough to do trying to claim charges of you without you nagging for us to give you money back

 

So N1 route it is!

 

I'll be looking to do that later, and I'll be updating my SOCs to include CCI (I think that's the form the Green Glace Cherry will be taking!) and submitting my N1 before the end of the week, when I will be on holiday for two weeks. Hopefully when I get back I'll be getting ready to have default judgement passed, and if not, getting reaqdy to file my AQ!

 

Peter

[Paintball]

So, sent BCard the rejection letter, stating again what I wanted, and how I wanted it, and could the cherry on top be one of those nice Glace Green cherries, and they replied with

 

 

So N1 route it is!

 

I'll be looking to do that later, and I'll be updating my SOCs to include CCI (I think that's the form the Green Glace Cherry will be taking!) and submitting my N1 before the end of the week, when I will be on holiday for two weeks. Hopefully when I get back I'll be getting ready to have default judgement passed, and if not, getting reaqdy to file my AQ!

 

Peter

 

Oh Peter, they didn't really say that! Go on with you ... Can you still get green glace cherries and if not, I will start an internet campaign to get them back for you lol

[pjdavies2000]

well that's what i read between the lines anyway!

 

And I think you can still get them - if not, I will get you to sort this out for me!!!!

[Paintball]

All that green dye Peter will send you doolally

[pjdavies2000]

...not half as much as keep filling in these blooming N1 forms and AQs will!!!

 

ha ha

[Paintball]

I know what you mean looks like I'll have another bloomin' N1 to do for my default and not even sure how to go about that or even how much HMCS charges ...

 

BTW I just googled "green glace cherries" (you can tell I'm on my lunch break) and found some corkers. My favourite is the reference to Discount Green Cherries, ebay, new and used ... crikey, used green cherries? Shall we go there?

[pjdavies2000]

ek!

 

Well it shows that you can sell anything so long as there's an ebay!

 

Although me thinks I'll stick to the new ones if poss!!!!

 

Peter

 

although not sure if I want them looking oike Frog Spawn either!

[Paintball]

Haha!! That's the picture I found ... wasn't going to upload it though blurrghghgh xxx

[tezl]

hi peter,

felt i had to come and find you,i new you wouldnt be able to sleep at night wondering how i got on.

they paid without me asking for it.

thanks for your help over the months.

just starting on reclaiming additions,prety straight forward.

good luck with this claim.

tez.

[Paintball]

Peter ... where are yoooooooouuuuuuuuuu? (voice echoes down long dark tunnel)

[pjdavies2000]

Back from hols peeps!

 

Never fear I am here - lol

 

Tez - WELL DONE!!!! See it's as easy as taking candy from a big fat baby!!!