Camdenite V. Barclaycard "WON"

[slick132]

Perhaps it's just the way my mind thinks, but wouldn't that have been a good opportunity to put in a new SOC with the other court fee on it?

 

There's no point in analysing this too much although I'd be encouraged by the fact they even asked for the CI figs.

[Camdenite]

If only my mind worked as quick as yours :o He did actually find the original attached to the N1 though, so probably would've confused the issue wouldn't it?

[slick132]

Hi Camden,

 

Further to our PM's, just want to put relevant points onto your thread.

 

Because of the CI element of your claim, you may well have to go to court or at least show you're willing to do so. Once your AQ goes in with the sites Draft Directions, you'll need to be ready with your Court Bundle.

 

You should therefore be getting this ready now as there's a lot to do and it shouldn't be left to the last minute. If the judge uses the Draft Directions, you'll have just 14 days to submit your bundle. Be prepared with plenty of printer paper and spare ink cartridges as it runs to 400 to 600 pages with the 3 copies.

 

You can try going for a Wasted Costs Order which should claim for 30 hours at £9.50 (for preparing you bundle) if I recall correctly plus stationery and postage costs. Also, if you attend court, you can include, say, £50 for the half day or more if you're worth it !!

 

So, unless BC look like settling before your AQ goes in, get on with this. You can amass all you need and save it in a folder ready to print when nec'y.

[Camdenite]

Thanks Slick. The AQ has gone in this week with the Draft Order for Directions. I should hear back from the Court pretty soon then?

 

Also, as regards the Wasted Costs Order, I thought this was only something I could apply for if I actually am awareded the case by the judge or BC settle prior to the Court date? Do you mean apply for it now?

[slick132]

The court will issue directions after they get Barclays AQ.

 

See here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

You can ask BC to include the bundle costs in your settlement and, if they won't pay, go to court for it.

[Camdenite]

Cheers Slick. I was too busy to post immediately, but I received a letter yesterday that was v.strange. It was a from the Courts and contained a photocopy of my submitted AQ and attached to it, a leaflet regarding the Courts Mediation Scheme and a questionnaire to complete and send back to the Court.

 

As far as I know, I should refuse mediation on the grounds that BC have, to this point, dragged their heels (it's ten months since I first contacted them!) and not made, IMHO, a reasonable offer. That's right, isn't it?

 

The only concern is the wording of the "NO" option:

 

No, I do not want to try the mediation service and understand that I may face a costs sanction if the District Judge finds my refusal unreasonable.

 

My reasons for refusing to mediate are:

 

Is that as daunting as it sounds?

[slick132]

Hi Camden,

 

I think you are within your rights to refuse the mediation.

 

You can say you have given BC every opportunity to resolve the matter before filing your claim, and you are still open to negotiation to settle before a court hearing.

 

However, the experience of many who you share a forum with show that BC will only negotiate when forced to, and only at the last minute.

[Camdenite]

Cheers Slick. That's what i figured. I'll post it back to the Court tomorrow.

[slick132]

Forgot to post this yesterday - http://www.consumeractiongroup.co.uk/forum/general/83044-mediation-bad-idea.html#post742517

[Camdenite]

Forgot to post this yesterday - http://www.consumeractiongroup.co.uk/forum/general/83044-mediation-bad-idea.html#post742517

 

Thanks Slick. That's great. In your experience what's the liklehood of the judge agreeing to my Draft order for Directions? Should I start on the bundle this weekend?

[slick132]

Hi Camden,

 

The Draft Directions have certainly been used by many Judges but the decision is up to them. Luck of the draw.

 

Start getting the bundle together asap and read through whats needed at every chance. Get the various components ready in a file(s) so it's all together when you need it printed.

 

See link 2 in my signature.

[Camdenite]

Wahey, Barclays blink first.

 

I was starting to wonder why I had not heard a word from the Court regarding a date and planned to phone them on Monday.

 

Just had a letter this morning from BLT offering to pay in full (almost). One slight issue is that they seem to be only offering the amount of the original claim, not adding interest up to the date of settlement, but even then seems about £100 shy of my current calculated total.

 

The letter gives a breakdown of the of the offer but does state "This differs from your provided schedule but is based on the same data". I used the CI rate of 20% as that was charged on my account, there is no mention of the rate they have used within this letter.

 

Also, I had started to prepare my bundle. Can I ask for a Wasted Costs Order if I hadn't been required to file it at court?

[slick132]

Hi Camden - this is great news.

 

There's nothing to stop you calling or emailing the ltr writer to ask if the int't should be updated to the date of settlement.

 

I suspect the difference is they're using their own spreaddy but, if you are happy with the offer, take it.

 

Re WCO, as they're offering before a court date, the answer is no.

 

Keep us informed.

[Camdenite]

Hi Camden - this is great news.

 

There's nothing to stop you calling or emailing the ltr writer to ask if the int't should be updated to the date of settlement. I've had a proper look at their letter, the SI has been updated, but they seem to have worked out the CI at a completely different rate.

 

I suspect the difference is they're using their own spreaddy but, if you are happy with the offer, take it.Not really sure what they've done TBH. It's not exactly transparent

 

Re WCO, as they're offering before a court date, the answer is no. Fair enough, I thought that would be the case.

 

Keep us informed.

 

It's nearly £200 different to what I believe I should be getting., so I'm going to at least speak to them over it.

 

Thanks for all your help once again, Slick.

[slick132]

What's the total sett't roughly - wondering how a £200 diff'ce compares to it.

 

Please also ask what is the basis of the CI they are paying and have they sent you a schedule of it - if not, ask for one.

 

Let us know how you get on.

[Camdenite]

They're offering £1,248, I believe it should be £1,439.

 

I can scan the letter in if you want?

 

Cheers

[slick132]

Have you seen their spready to back up their calc'ns.

 

No need to scan ltr.

[Camdenite]

As if they'd let me see that? No, nothing from them in the letter to show how they've arrived at their offer.

[slick132]

Well you need to ask for a copy of their SOC.

 

If they don't agree your SOC calc'ns, you're fully entitled to see their SOC so you can decide if you're willing to agree or wish to proceed to court.

 

You can't be expected to agree to compromise on the settlement you expected without understanding fully how they arrive at their figures.

[Camdenite]

Well you need to ask for a copy of their SOC.

 

If they don't agree your SOC calc'ns, you're fully entitled to see their SOC so you can decide if you're willing to agree or wish to proceed to court.

 

You can't be expected to agree to compromise on the settlement you expected without understanding fully how they arrive at their figures.

 

Cheers Slick.

 

They've actually quoted the same figure as me for the total of charges, They just don't say what CI rate they used. Their total of CI is about £140 short of mine and then the SI does not look to have been calculated up to the date of settlement.

 

Will let you know how I get on tomorrow.

[slick132]

Tell them to supply a copy of their SOC so you can decide whether to accept their offer.

 

If they don't supply it, you can go on to court and request settlement based on your SOC.

[frank 62]

hello

can you help

need the address of the providian visa please

[Camdenite]

Tell them to supply a copy of their SOC so you can decide whether to accept their offer.

 

If they don't supply it, you can go on to court and request settlement based on your SOC.

 

They faxed me through the SOC, and I spoke on the phone to BLT. The upshot of it is that we've settled on £1,385. They seemed to believe my spreadsheet was calculating the interest incorrectly. I couldn't risk going any further (i.e. court) in case they were right!

 

Very pleased! It's only taken a year and I should have a new confirmation letter in the post tomorrow.

 

Thanks for all your help on this one. Donation coming CAG's way.

[slick132]

Frank62,

 

Providian/Monument/Barclaycard - write to the normal BC address as they took over responsibility for this.

 

Please start your own thread here in BC forum and we'll help as nec'y (so you don't hijack Camden in his/her finest hour !!).

[slick132]

Hi Camden,

 

Delighted on your win

 

Let us know when the ltr comes to confirm the details.

 

Gonna get your thread changed to **won** anyway and Congratulations