Camdenite V. Barclaycard "WON"

[Camdenite]

Hi all, Just about to file the N1 and wondered if there is a new POC template for Barclaycard? Most of the banks seems to have new new templates. Are we to continue using the standard one or should I be looking for something else?

[slick132]

Hi Camden,

 

The new BC POC is in Stickies at the top of BC forum.

[Camdenite]

Doh! Found it now. Cheers Slick.

[Camdenite]

Interesting. Just had an Acknowledgement of Service from the Court and in the same post a letter from b/card saying they want to speak to me "with a view to settlement". They go on to say that they can't find my account details on their system and need the account no'.

 

The account was closed a number of years ago, so they are probably just looking at active accounts. There's nothing sinister in it though is there?

 

The letter ends with the rather encouraging "Please contact me with your account details and I will move things forward". Home straight, maybe?

[slick132]

Hi Camden,

 

Things looking up maybe. Is it from BLT?

 

You know they'll likely flat refuse to settle for CI, though.

 

They'll go to court and maybe negotiate before the hearing - see if you back down on the day.

[Camdenite]

Yep, from BLT. Just spoken to Jonah Anderson there and he was pretty non-comittal on whether they would be settling in full or defending the claim. I should expect a letter "within the next few days".

 

No mention re> the CI, I got it from Monument without a fight, but then it was easier as they didn't defend and I requested judgement. We'll see what they come back with.

[Camdenite]

Not what i expected in the post today: An offer from their Customer Relations Team of a GOGW of £470! Do they think I'm stupid or is it a case of the right hand not knowing what the left is doing?

 

The time-line runs as follows:

 

7/1/08 - N1 filed

14/1/08 - Notice of Issue, deemed served 14/1/08

29/1/08 - Defendant filed Acknowledgement of Service.

 

So they have until the 26th of February to file a defence before I can request judgement, right?

[slick132]

Hi Camden,

 

Wrong, they have until 11th Feb to lodge Defence.

 

It's the left/right hand syndrome - CRT and BLT are different teams entirely.

[Camdenite]

Oh, I see. Cheers Slick.

 

I thought they had 28 days from the date they filed the Acknowledgement of Service? Do you think I can request judgement on the 11th then, or should I give them a period of "grace" in the knowledge that if I act on the 11th, they will file a defence and the Court will accept it?

[slick132]

1) I think they'll defend cos of CI.

 

2) If they don't give them a few days grace so you're seen to be acting reasonably.

 

JMHO:)

[Camdenite]

Cheers once again Slick. You're putting in a few late nights eh? So, a week today, maybe?

[Camdenite]

Just had a letter from BLT saying they are currently obtaining my statements from Barclaycard and could I please call them to give them my phone number as this will speed up communication. They also add that I should be receiving an Allocation Questionnaire from the Court any day following the filing of the defence.

 

So, it looks like they will defend the case, primarily because of CI, I guess. When I call tomorrow to give them my number, should I just point out that if they intend to defend and I have to prepare a Court Bundle then I will be applying for a Wasted Costs Order (30hrs @£9/hr)? I read another thread where this worked a treat in a small(ish) claim and they completely capitulated.

[slick132]

Hi Camden,

 

You can certainly try, but I'll stick with my line at the mo.......

 

If you're claiming CI, thay won't negotiate at this stage.

 

I'd be delighted, however, to be proven wrong !

[Camdenite]

No danger of you being proven wrong this time. Hold on to your hats. This is going to be bumpy.

 

Just spoken with BLT and pointed out my intention to file a Wasted Costs Order should I be successful in my claim and they wanted to know how I arrived at such a figure? I asked him if he'd ever preparared one himself he would realise that a complete weekend doing it is not unreasonable.

 

I'll be back when I get the AQ.

[slick132]

Who were you speaking to at BLT.

 

TBH, how would the poor guy know how long it takes to prepare a Court Bundle to defend a charges claim.

 

I don't think Barclays have done one yet !!!

[Camdenite]

Who were you speaking to at BLT.

 

TBH, how would the poor guy know how long it takes to prepare a Court Bundle to defend a charges claim.

 

I don't think Barclays have done one yet !!!

 

LOL

 

It was Jonah Anderson. Any dealings?

[Camdenite]

Just received a copy of BC's defence and the AQ (N149). Is there anything I should look out for in their defence?

[slick132]

Hey Camden (were you near the fire at w/e?),

 

Should be fine as you used new POC's.

 

BTW, did you hear any more about the earlier Non-Compliance claim still going through for Costs Only.

[Camdenite]

Hi Slick, I was traveling back to London on Saturday night when the fire happened. Thankfully it wasn't too close (about 500 yards as the crow flies) was a bit worried seeing the news and Sky mis-reporting it as a lot closer to my house than it actually was .

 

I'll sit down to do the AQ this weekend (got until the 28th).

 

I dropped the case for non-compliance when they finally sent me the statements, but included the Court Fee paid on my SOC. Would that be causing a problem, or is it just the interest they have an issue with?

[slick132]

The CI is the cause of non-negotiation re your chgs claim at this stage.

 

Don't understand your last para. The Non-compliance case should still be running so you can recover your court costs on THAT issue, as per my post #45 earlier.

 

Are you saying you included the N-C case court costs in your chgs claim?

 

Hope not !

[Camdenite]

The CI is the cause of non-negotiation re your chgs claim at this stage.

 

Don't understand your last para. The Non-compliance case should still be running so you can recover your court costs on THAT issue, as per my post #45 earlier.

 

Are you saying you included the N-C case court costs in your chgs claim?

 

Hope not !

 

I thought I had for a minute! Double checked this morning and I definitely left it off. As regards the non-compliance case, I droppped it once they sent the statements. TBH I think I was just relieved to finally get the statements. £50 or so down the drain, but hey ho.

[slick132]

Have you notified the court that you dropped it or has the court told you it's been dropped.

 

It should have been a formality to get your costs back at the briefest of hearings.

 

No worry, you can still try and get the fee added onto any agreed settlement - at worst, BC can only say no.

[Camdenite]

I notified the court that it had been dropped. I had confirmation from them some weeks later. TBH if I get back the full value of the claim + CI, it'll more than compensate.

[slick132]

Sure, but there's no harm in trying to have it included it in a negotiated settlement, at the right time.

[Camdenite]

Of course

 

By the way, I had a call yesterday from BLT (Jonah Anderson) asking for my schedule of charges with the CI & SI included?!?! I told him he should have them attached to the N1. "Oh yes, they are, sorry, not everyone does that".

 

Should I read anything into it, Were they trying to pull a fast one ? I was surprised to hear from them at this stage TBH.