Credit Card POCs

[pjdavies2000]

Hi all,

 

I am trying to bug peeps into having a little look at some revised POCs we have been looking at in the BarclayCard forum.

 

They are here:

http://www.consumeractiongroup.co.uk/forum/barclaycard/109687-particulars-claim-credit-card.html#post1092577

 

I am hoping people can have a little look and give comments on it.

 

We are hoping to reduce the amount of stays currently being given to CCards because of the Test Case.

 

Thanks for looking

 

Peter

[pjdavies2000]

Also, are Credit Card companies that aren't part of a banking institution, or who wouldn't have a banking company as the legal address, having similar probs with auto stays by judges?

 

If so - ARGH!!! - it's annoying!!!

[Castlebest]

think you need to be carefull with that document... for instance

 

The Office of Fair Trading (OFT) report Calculating fair charges in credit card contracts of 5 April 2006 acknowledged in Part 1.8 of the report that a threshold of £12 should be applied.

The £12 threashold is an arbitary figure the OFT has set itself in investigating complaints, if you read part 1.8 it says..

 

in order to encourage a swift change in market practice we have decided to include in the statement a simple monetary threshold for intervention by OFT on default charges. The threshold is £12.

And part 5.5 says

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold

So we should get disclosure of actual costs not adhere to an arbitary figure the OFT has produced for its own purposes.

pete

[pjdavies2000]

Thanks for your comments, and having read through them and checked them against what i have written and the report, can see that much of what you have said makes sense.

 

My issue is with how this can all be articulated in the forms so judges can see clear differences between CCard and Overdraft claims. The BCard forum is slowly filling up with stays, and I believe this is in the most part because the standardised text has been used, so to a judge there is no difference in the arguiments.

 

I would be grateful if you could think of ways in whcih the form could be bettered, although this is for myself, there are plenty of people who are crying out for a CCArd POC!

 

There is alot of good stuff in the 2006 report, and we are not adding any of it in at present (well not that I have seen) and are then having to fight a double battle by trying to get stays lifted by using the report. Whilst I understand your comments about being careful, at present it is all that we (BCarders) have got at present, and we are fighting now on an 'anything is better than nothing' battle!

 

Would welcome more constructive advice like Castle's

 

Peter