Dpa sent 24.4 Barclaycard

[rogerebaker]

MCOL issued for 470.00

[rogerebaker]

I was allowed to apply for a judgement online a couple of days ago due to the fact that Barclays had not entered a defence.

MCOL now states that judgement rejected defence entered on the 24.4.07.

This is a bit strange as I didnt fill the MCOL until the 23.4.07

Perhaps MCOL are getting a bit stretched.

anyway barclaycard part two continues.

[rogerebaker]

Direction hearing is set for 2.15 today

The litigation team at Barclays are adamant a representative will be attending.

Im looking forward to finally getting near a court

[rogerebaker]

Final update.

Appeared at court on the 25th and did in fact meet the Barclays barrister. Its a shame she didnt bring with her anything relevant to the case and as a result it was adjourned

Then I had had an interesting morning with mercers on the phone. For some reason Barclaycard decided to refer the balance to mercers for collection which considering where inbetween court cases I thought was a bit un called for.

I continually told mercers the matter was in dispute and that they should refer it back to barclaycard.

Their only answer seemed to be "how much would you like to pay today sir"

I did try to ring Barclaycard but did a tour of the sub continent and eventually gave up.

In a flash of inspiration I decided to email Paul Haut at Barclays litigation to see if he could help. He was very amiable and he agreed to settle for the full amount. I did have a brief chat with him about the up and coming test case and he said pending that case they would only settle Credit card claims and wouldnt entertain any settlement on the overdraft charges.

If hes good to his word this should be the end of this particular claim allthough I have a feeling that Barclaycard have sneaked a cheeky little default on the credit file which will result in a complaint to the FSA in due course and a further 400.00 bill for barclaycard.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Credit Report Click link to open in new window.

[rogerebaker]

Just a quick update.

As suspected Barclaycard had registered a default whilst the matter was in dispute so I decided to impliment the banks complaint proceedure alleging they had breached the banking code.

That was a torturous affair to say the least but eventually last week they agreed to remove the default.

A good result eventually.

Im just about finished with the re claiming game having got back almost every single penny paid by the kids.

I wish you all good luck when the bun fest resumes next year that is assuming the banks havnt all gone bust as a result of their greed in the mortgage business.

If the judgment goes against them next year it could be the final nail in the coffin and perhaps then we can get back to ethical local banking with decent customer service at a reasnoble cost.

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

[slick132]

Hi RB,

Thanks for the update re BC. So you got the chgs back and the default removed - great result !

Just need the stayed cases to start moving again to get your bank charges back.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	FSA Waiver The FSA has granted a waiver to the finance industry in respect of bank charges claims. The waiver has been in place since July 2007 and will continue until the OFT test case is decided. The OFT test case will be heard by the House of Lords in June 2009. We are likley to get a decision before the end of the year. Under FSA rules, banks must normally deal with all complaints within 8 weeks. The FSA waiver has allowed banks to put bank charges claims on hold pending the outcome of the Test case. The FSA waiver is expremely one-sided as it allows banks to put claims on hold but it allows banks to continue levying charges. It also allows banks to continue enforcement action even in relation to disputed bank charges. The FSA waiver has been assisted by a general stay on charges-related County Court claims. You are still permitted to begin a County Court claim for the refund of your charges but your claim will be put on hold pending the outcome of the OFT test case. Despite this, we recommend very strongly that you begin a County Court claim now!! If you are on benefits, you will not have to pay court fees. You should start a County Court claim to recover your money straightaway.