Lickthewallfatboy V Barclaycard SETTLED out of court

[johnfower]

Have you had your court date?

[lickthewallfatboy]

got the paperwork just this morning

26 September 10.30 AM

Craigavon court is going to be busy that morning,with this,me and the MRS V CITI and at least one other member V First Trust Bank!!!

[lickthewallfatboy]

this is interesting....

been studying their defence document,and points 1 and 2 say this-

1.the particulars of claim are summary and do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful,or the date thereof......

and whose fault is that then,Barclaycard?Only 2 years data and an incomprehensible print out-that's why an estimated claim had to be entered!!

2.notwithstanding the claimants failure to identify and particularise an account held with the defendant,it is admitted that the claimant has an account xxxxxxxxxx.To the extent that it is alleged that the claimant incurred charges on the account for unauthorised borrowings,it is admitted that such charges were debited from the claimants account;however the defendant puts the claimant to strict proof of each charge and the date thereof.

Anyone got Uri Geller's phone number,cos that's who it would take to get hold of that information.Talk about shooting themselves in the foot???These are meant to be educated people we're dealing with here.....what a bunch of numpties!!!

[give_me_it_back]

Ridiculous!

Did you ever report them to the Information Commissioner? If so, I would use his response as evidence.

[lickthewallfatboy]

got a letter in this morning offering £112 as a "goodwill" payment,amounting to the difference between the £25 and the £12 "recommended by the OFT".

This makes me so mad-when are the OFT gonna pull these guys up for misrepresentation of the facts????

Sorry Barclaycard-we are going all the way!!!They still haven't furnished all the necessary data to be able to refute our estimate of charges incurred,either.

[johnfower]

Their defence is a standard defence, mine said exactly the same. Im still awaiting my court date but yours has come through fairly close by, where as some are quite far away. Im curious to how soon they cough up, if they request you to sign a confidentual agreement you are not ablidged to.

[lickthewallfatboy]

this is the reply being posted off this morning-thought I'd keep it to the point!!




PO BOX 599
MANCHESTER
M60 3NF


31 AUGUST 2006



Dear Ms Jones


ACCOUNT NUMBER 4xxxxxxxxxxxx
Response to settlement offer.



Thank you for your letter dated 26/08/2006.

I respectfully decline your offer of settlement.The OFT at no time recommended £12 to be acceptable-they stated that this was the point where they themselves would become involved.If a charge does not reflect a true estimate of costs,it is a penalty charge and as such,unlawful.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim.

I trust this clarifies my position.


Yours faithfully

Mrs LTWF

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[BaldyBaldwin]

nice one.
do you mind if i "borrow" it for my claim against sh$#tybank?
regards kevluff
p.s. goo luck

[lickthewallfatboy]

of course not-work away and all the best!!

[Mrgreengenes]

Hi Mrs LTWF, here's a link to my thread regarding Barclaycards offer. What do you think?

Mrgreengenes V Barclaycard


Don't let the fatherless chillen get ya!

[lickthewallfatboy]

they have just writtten to say that their position remains the same

oh well-court date aproaches....

[ryjayel]

Hi

I am unashamed in my plagarism of your reply to their £12 offer...it is going to them today recorded delivery.

My court claim gets filed tomorrow, of which I shall be reminding them in the letter but I just wanted to say thanks for the letter copy!

Let me know how its going

Ryjayel

[lickthewallfatboy]

do I smell the possibilty of a settlement?

Keith Jeremiah has been trying to contact the good lady on the phone and is anxious to speak to her.The court date is tuesday,so I suspect something may be about to give.....

[lickthewallfatboy]

I was right!!

Keith Jeremiah rang the good lady about 20 mins ago,and she let me do the takling.He had got hold of all the info on her account,and the grand total of charges incurred right back to 2002 amounted to £280....and we had filed for £950 (EEEK!!)

But here's the thing-he wanted to reach an agreement on the phone,and offered us the £280,but I held my nerve and said that we had gone for the £950 because of the hopelessly inadequate infamous printout that had been sent to us,and that we had totted up anything that looked like a charge and claimed for it.I didn't feel £280 was realistic.....

I sensed a deal was on the table when he asked us what it would take to conclude the matter.I said "split the difference between the £280 and the £950,and we'll call it quits".So he says "how about £550?",to which I replied "I think that will do it".

Getting written details via email confirming that £550 is credited to my wife's account,and then we can draw this to a close.

Settled for £270 more than we were entitled to simply because Barclaycard don't want to go to court YEE HAAAAAA!!!

[Skell18]

That is fantastic!!! Im just about to start a claim against Barclaycard myself. At the moment I am claiming against HSBC for charges dating back to when I was a student and i found out that my 'inrest free overdraft' was anything but so I am claiming that back too(I was sold the account on the belief that the overdraft was 0% interest for 6 years, IT WASNT!!). Having successfuly taken on NatWest and won I am feeling very confident about all of this, again a ig thanks to this site and well done lickthewallfatboy on taking on Barclaycad and winning

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[barracad]

Congratulations!!

Please complete our survey.

And a donation would be greatly appreciated

[big aid]

congratulations

balls

and great big ones

thats all it took by the looks of things

noel edmonds will be ringing you next

[Warms]

Originally Posted by lickthewallfatboy

Settled for £270 more than we were entitled to simply because Barclaycard don't want to go to court YEE HAAAAAA!!!

Congrats to you, it's brilliant, but, to be honest, it makes me hate the b*****s even more!

[ryjayel]

Seriously, you jammy sod! Well done my friend, well deserved!

Ryjayel

[lickthewallfatboy]

cheers guys!!

hope you all get yours back soon.....