BARCLAYCARD Round 2 ***WON***

[slick132]

If you can afford the fee, apply on N244 to have the Stay lifted.

If you can't afford the fee, get a letter into court on Monday as per the link in post #56 pointing out the case has been wrongly Stayed etc.

If the court says "No, you must apply on N244" do this quickly and pay the fee.

It's such a pain when they do this.

[skintboy69]

Thanks Slick.

I'll get the letter into court on Monday and await events. If it's got to be N244 I guess it will have to be but I'd rather not invest another £75 if I can avoid it.

Cheers.

T.

[skintboy69]

OK I'v switched the standard letter around a bit so it fits my case. (I hope).

Can someone have a quick look and give me a thumbs up (or a thumbs down ).

All the blanks have been filled in on the real copy.

My House


Liverpool County Court
35 Vernon Street
Liverpool
L2 2BX


21st February 2009


Dear District Judge xxxxx


Case No. xxxxxxxxxxx

I respectfully object to the proposed order of a stay in respect of the claim xxxxxxx Skintboy69 esq. vs. Barclays Bank t/a Barclaycard and I respectfully request that it be removed on the following grounds:

This claim XXXXXXX is in respect of Charges applied to my credit card account. My claim is not concerning the recovery of bank current account charges. This claim is not therefore, effected in any way by the outcome to the OFT test case and so, should be allowed to proceed to its natural conclusion through the courts.

This claim concerns unlawfully applied penalty charges and associated interest charged to my account over a number of years.

Credit Card charges differ to current account overdraft charges, insofar as there is a clear breach of contract. Credit card charges could potentially be decided solely on the ‘penalty’ issue of common law, without reference to the UTCCR, upon which the OFT case focuses.

In view of this, I believe this claim may have been stayed in error.

Furthermore, as there is a clear breach of contract there is no question about whether or not the UTCCR applies as it has been held to apply to default provision in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97.





Love and kisses,

El Skinto


Cheers, T.

[slick132]

Hi SkintB,

That looks good to go and lets hope it works.

[skintboy69]

Hi Slick. I certainly hope so.

I will drop it into the court by hand tomorrow morning and keep everything crossed.

Cheers, T.

[skintboy69]

Having harrassed the court by telephone on a regular basis since I delivered my request to have the stay lifted, they have finally done the right thing and it's 'game on' again.

I should receive the AQ (whatever that is) in a few days, and I guess that is when the real work will start.

Does anyone have any pointers as to what I should be doing just now?

As ever, any advise would be welcomed.

Keep the faith.

T.

[slick132]

Hi SkintBoy,

The AQ will have to be submitted and should included the fee and your proposed Draft Directions. See here:-

Allocation Questionnaires - A guide to completion: N149 & N150
http://www.consumeractiongroup.c o.uk...ompletion.html
Allocation Questionnaire - Draft directions order
http://www.consumeractiongroup.co.uk...tionaires.html

You should also be putting your Court Bundle together. Research this and put the nec'y documents in a file, reading for printing when required. Don't leave this as there's a lot to print and you'll need 3 copies.

BC are unlikely to back down at this stage because you are claiming interest in restitution at contractual rates.

[skintboy69]

Thanks Slick. I'll need to do a bit more reading up on this lot, and, doubtless ask a load more questions.

Cheers, T.

[skintboy69]

The AQ arrived a couple of days ago. I have no idea what to put in the 'other information' box other than to request a disclosure of the true costs of default 'events'.

Any suggestions??

This is the first of my claims to go this far.

Cheers, T.

[slick132]

Have you read the 2 links I gave in my post above. They should explain all you need to know. The Draft Directions take care of the disclosure request.

If you're still stuck, shout.

[skintboy69]

Hi Slick. Yes I had read through both the links and after 30 or 40 times they are finally begining to make sense.

The revised Draft Order for Directions seems to be a very comprehensive document and appears to cover everything.

When I refer to the disclosure on the AQ should I refer the judge to the details in the draft order, or assume he can and will read it?

Cheers, T.

[d1cky]

hi just a quick question, when you did your schedule of charges what spreadsheet did you use and was all your intrest done at 29.9%. And also what prelim letter did you use to send with your schedule of charges?

sorry for butting in, ta.

[slick132]

Hi SkintB,

In the section G (Other Info), you can add "Please see Draft Directions attached".

[skintboy69]

Hi Slick.

You are, as ever, the fountain of all knowledge and once more, I am in your debt.

I have until 6th April to get this lot back to the court. I can't see a problem with that.


Cheers, T.

[skintboy69]

Yo D1cky.

I used the spreadsheet that Slick linked on post 46 of your own thread.
What I did was to copy and paste the spreadsheet into my 'my documents' folder and then copy and pasted it onto a new 'word document'.

That meant that the calculator on the original spreadsheet keeps adding interest every day, but I also have true record of the figures that I sent with my various letters.

So far as the letter templates are concerned, I have used the standard ones in the template library and just tweaked them to make them fit my particular circumstances.

One point though, Every time I write i attach a new undated SoC showing the extra day's interest. I also tell them in the letters that interest is accruing daily.

Hope this helps. It works for me.

Keep the faith.

T.

[slick132]

Hi Skinty,

I'm glad to see you found the new version(s) of the AQ and Draft Directions Guides. I hadn't realised the links I posted have been superceded.

[d1cky]

great thx alot for ur time, ta mate.

[skintboy69]

Right, I've finished (or at least I hope I have) the AQ and Draft Directions.

The Draft Directions now go from 1a (for me) to 2(i)4 for them and I've moved the bit about if the defendant fails to comply etc to the very end.

Can someone confirm that that's ok??

For section G of the AQ I have drafted this:

I request that the judge order the defendant to provide a full disclosure of their actual costs in respect of such events as late payment and exceeding credit limit.
Knowledge of the cost base will allow the court to determine if the charges are in excess of actual costs and, therefore, punative and a penalty.

Please see Draft Directions (attached).

I believe that this case will last no longer than one hour.


Is that OK?? Do I need to add anything else (or take something out)??


THe deadline for getting it back to court is Monday, so I will have it delivered by hand.


Cheers, T.

[slick132]

The draft directions have been set out by those who know better than me so, personally, I'd follow the guide closely.

Section G - Other Info

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.
This will require the defendant to provide a full disclosure of their actual costs in respect of such events as late payment and exceeding credit limit.
Knowledge of the cost base will allow the court to determine if the charges are in excess of actual costs and, therefore, punative and a penalty.

[skintboy69]

Slick, you could charm the birds from the trees.

I'll amend my rough-arsed attempt to your flowing prose.

Cheers.

T.