Roxy v B,card refusing offer ***WON***

[slick132]

Hi Princess,

 

1. Your SOC will auto-update the interest when you print it. Print out new copies of your SOC now, and use that for your form N1.

 

2. On the POC enter, BC a/c no. formerly xxxx, then yyyy, then wwww and finally a/c no zzzz.

 

Slick

[princess roxy]

slick you are always there when i need advice,thanks a lot ,much appreciated, please keep watching.......Roxy

[princess roxy]

today been to local court ,started court action. told that no stays are being issued against cc claims, keep my fingers crossed........... Roxy

[slick132]

Princess,

 

Have you given us your Lit'n details of your claim yet. If not please send me PM with

Bank

Claim no.

Sum Claimed

Date Iss'd

 

Thanks, Slick

[princess roxy]

Slick will let you have this info when i hear from court , Roxy

[princess roxy]

just had all my claim form returned ,+ cheque. says on letter ; your request for issue of claim is returned , please can you confirm if the defendant is a limited company..................... All this after one of the court staff went through ALL the documents to see if everything was in order.......ARGHHHHHHHHHHHHHHHHHHHHHHHHHHH. ROXY.... what actually is barclaycards true registered address,anyone know ??

[slick132]

Barclaycard

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

Roxy, this one should do. Jeesh - don't it drive ya mad !

 

Slick

[princess roxy]

thanks slick returned all documents yesterday,to exactly same address that you posted .lady on desk said it was her fault, so why couldnt she insert the letters PLC herself ,anyway sorted now, cheers slick ,eventually we will get a result.............ROXY

[princess roxy]

after courts making another mistake ,finally got case issued, BC must put in a defence by Dec 7th, no doubt they will, at last minute, so getting a few docs together for when they do, does anyone know if BC are taking their cases to the wire , like Barclays......Roxy

[slick132]

Hi PR,

 

BC are settling quite readily at the mo, so don't be surprised if they call you to settle when they get your case or after AQ's are d/w.

 

Slick

[princess roxy]

Hi Slick, just this second emailed Katie Ashton at BC, to see if they are willing to settle, fingers crossed, keep you posted.............Roxy

[slick132]

PR,

 

Keep updated SOC handy just in case.

 

Fingers crossed.

[princess roxy]

had email reply this morning,shes looking into it, i will receive a letter within 5-7 days, is this good or bad news , should i ring her ???................Roxy

[slick132]

Hi PR,

 

No, don't ring - wait for letter.

 

I suspect it'll be good news but I don't want to put the mockers on ya !

[princess roxy]

received a letter from court ,BC have acknowledged, saying they will contest the whole claim, probably standard letter, just hope letter im expecting from lit dept is good news, wont hold my breath though, just keep myfingers crossed..........Roxy

[slick132]

This is just standard practice.

 

Wait for letter from BC. Fingers X'd for you too.

[princess roxy]

just received a letter from courts saying bcard have issued a defence,4 pages makes frightening reading ,and signed by their solicitor. also received AQ to return to court by the 17th Dec, when going through paperwork, have found iv put in a SOC payment that is just over 6 yrs.do i need to contact court right away and let tem know about this, getting very nervy now, would appreciate some advice ......thanks.........Roxy

[slick132]

Hi PR,

 

You don't need to worry about the SOC having a charge outside the six years. Was it IN DATE when you issued your claim?

 

Either way, don't worry - if it's spotted it can be taken off the settlement figure. It may go through without any problem. Don't contact BC about it.

 

Can you post up the 1st 2 points of BC's defence.

[princess roxy]

Hi Slick ,this account has had numerous account numbers, about six in all due to lost or stolen cards, in my POC i used the words."present account number........ " however what account number ive used bc have always acknowledged it in their replies to me.i have a list of the numbers and dates they began should i forward a copy to court and bc.....................1st 2 points of defence read.................1...the particulars of claim are summary and do not provide details of the account held with the defendant. Accordngly,this defence is summary in nature and the defendant reservesthe right to amend this statement of case in due course..2..to the extent it is alleged that the claimant incurred charges on the claimants account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "charges"),the defendant puts the claimant to strict proof of each charge and the date thereof.......... iam still waiting to hear from the litigation team about settlement should i not do anything until i hear from them ? would you advise anything else ............... Roxy

[slick132]

Hi PR,

 

Have you supplied court or BC with a schedule showing in detail the dates which applied to each a/c number. If not, you should prepare this and have it ready to supply if required.

 

Sorry, I should have asked for 1st THREE points of BC defence. Please post point 3 as well.

 

If you've had nothing from BC by tomorrow, email Kate at BLT and ask her for update as you've not rec'd anything from them yet.

[princess roxy]

Hi Slick, i did originally add a schedule of dates and acc numbers to my N1 formbut decided to only submit this to the courts if they asked for it , but copies are in hand. ........3rd pointof defence is ..the defendants standard terms and conditions which the claimant accepted upon opening the account entitled the defendant to debit the charges from customer accounts upon certain events (including but not limited to exceeding account credit limits and/orunauthorised borrowing and/or failing to sufficient monthly payments by the required date).......also said at begining of defence is,...... barclaycard is a trading division of barclays bank plc and not a legal entity in its own right.......if nothing in post today shall ring bcard lit dept, and see what they say........ will keep you posted .... Roxy

[slick132]

Hi PR,

 

Good - so you have a schedule re a/c nos. and dates ready if required.

 

Let us know what you hear back from BLT.

[princess roxy]

is there anything in bc defence whih i should worry about or would you say its a standard defence letter........Roxy

[slick132]

It looks standard to me but it hopefully won't even be relevant to you negotiating a settlement with BC.

 

BTW, when I got MY defence through from Barclays, I trully felt this was a disaster and they'd picked on ME to tear to pieces in court to use as a warning to other claimants.

 

Turned out the defence was bog standard and not good enough to stop me winning.

[princess roxy]

Decided to ring BCard Litigation Dept to see if they were willing to settle after receiving A/Q from the court. i was told a letter will be with you within 7 days giving me their decision.and today letter arrived.......PAID IN FULL INTEREST AND COURT COSTS.............thanks to everyone who has helped me along the way, and a special thank you to Slick ,for the advice and encouragement.couldnt have done it without you......Roxy.