sally v barclaycard "WON"

[sallysas]

Does this look ok? I've adapted the LBA/rejection letter with a nice little touch from Tanz, thanks very much. Posting it off asap.

LETTER BEFORE ACTION


Dear Sir/Madam,

CARD/ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxx

Thank you for your reply of xxxxx 2007 offering £xxxxx as a goodwill gesture against my claim. I am naturally disappointed that you disagree with my legal analysis which I believe can be justified under the principle of mutuality and reciprocity. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £xxxxx plus £xxxxx which you have charged me in contractual compounded interest for the sums which you have taken. Total £xxxxx

As a member of the Consumer Action Group I am aware that you have settled all similar cases before an actual court appearance, with this in mind I would hope you would consider settling this matter, before the need for court action, which would undoubtedly waste valuable court time.

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Yours faithfully,

Taking a backward step, I have had this card a lot longer than 6 years and as the limitations act does not hold sway I will be writing to that charming Mr Whalley asking for further data. Am I right in thinking I will not have to send another £10 fee? Should I then need to go to court a 2nd time will this upset a judge? Thanks in advance peops

	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

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	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.

[sallysas]

bump!!!!!

[chelsea123]

Sallysas any update with the Barclaycard battle since 24th March? I;'d be interested to hear.

I'm considering taking them on too Although I've only ever been charged £12 for exceeding my credit limit (this would probably equate to two or three hundred pounds in total though).

[sallysas]

Yes there is news of a sort. After my brilliant letter (well I thought so) they responded saying 'no, we still don't agree. Go away we are still only going to give you £200 ish AND NO MORE YOU DREADFUL PERSON'. I don't like overloading myself with going through the courts but I will be submitting my N1 maybe this Friday but definately next week. A really useful thread is 'Bong v Barclaycard' in the won section and is recommended reading. This goes back to last autumn/winter and Barclaycard's attitude to her was the same as it is now. So I will be pressing on knowing I will win.

Yes if your charges were years ago the interest would be frightening with contractual. My 1st charge of £15 in August 2001 (with interest at 27.9) realises interest of £57.95 tomorrow. Wow.

	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.

[sallysas]

Ended up claiming statutory interest and after 2 weeks it has finally been deemed to be served tomorrow a court official told me. Wonder what will happen next?

	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.

[sea-sidelady]

I cant believe i missed this thread, so im now subscribing..

You havnt updated in a while, just wondering how you are getting on with it.

[sallysas]

They have said they will defend and have till some time early next month. Can't believe I didn't post that. I have had other things ongoing like the co-op and as for NatWest..... just don't get me started. Court date is next Tuesday and they are still messing me about today. Am I going for wasted court time order at the end of all this? Hard to believe I started NatWest last November. I bet Barclaycard will be a long slog too. And then again maybe not.

[sallysas]

Had the AQ from the court some time ago and it is due to be returned tomorrow. Birmingham courts are still offering mediation so I have sent a rejection letter. This can be found in 'Mediation - a bad idea' in general section. Wonder how much longer this will go on for.

	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

[moneyhelp]

Originally Posted by sallysas

Had the AQ from the court some time ago and it is due to be returned tomorrow. Birmingham courts are still offering mediation so I have sent a rejection letter. This can be found in 'Mediation - a bad idea' in general section. Wonder how much longer this will go on for.

I read that as medication

Sorry I'll get me coat....

	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

[sallysas]

Thank you - that's raised a smile!!! Medication would be good. I started this last November. How the time flies when one is scared...........

[sea-sidelady]

So you still no further ??

[sallysas]

A tortoise on this one.... 2nd claim filed on Halifax, sent off for data on co-op, NatWest and Halifax currant and visa going back to the year dot. BUT I WILL GET THERE I PROMISE. Must look up news on Hull, I have heard it is progessing. Real shame about floods there.

[sallysas]

AQ had to be filed by 05/07/07 but still nothing received by yours truly from Barclaycard. Is there ought I can do?

	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

[sallysas]

Well I was in town filing another one and as I havn't had a defence from Barclaycard I asked court official if this is unusual. Seems here in Brum AQs are sent down in batches and those due by 05/07/07 have not been sent down yet. If Barclays have not responded the court will write to them. No wonder they don't rush to supply the information. Oh, well, I suppose I will have to see what happens then. BUM!!

[moneyhelp]

Geeeee they are really dragging this out - good luck Sally

[sallysas]

They always drag it out but thanks for the commisseration. On the plus side this will reduce my debt to them as I won't make any money on this one. Still knocking years off debt management plan is not to be sneezed at.

Apparently the Post Office and one of the bank credit cards do not charge for using abroad which will suit me year after next. A lot of PO services knock spots off the rest. They really should advertise more. Travel insurance was really hot stuff last time I looked.

[sallysas]

Had a reply from court. Due to my going on holiday they will give me a court date in the future.

What does concern me is that I have had nothing from B. since I sent them copies of AQ/draft orders. Does anyone have any suggestions or shall I just sit tight? At least the interest is mounting although I think it is less than 20p per day.

	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.

[sallysas]

bump

[sallysas]

Had a letter from the courts saying 'upon it appearing that the issues raised in the teat case will affect this claim, the claim is stayed until further order with a view to awaiting the decision in the test case.' I can apply by 30/09/07 to apply for stay to be lifted but I don't think I will bother. This is not going to generate any income and as I have my fingers crossed that we will win I am prepared to let it run.

Does seem a silly decision on the judge's part as this is a credit card which I read was not affected by test case.

	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.

[sallysas]

Sending this letter off to the courts today. Nothing ventured and all that.

On xxxxxxxxx it was ordered by District Judge xxxxxx that my claim against Barclays Bank Plc trading as Barclaycard be stayed as a result of the test case currently being brought by the Office of Fair Trading until 30 September 2007 when the courts would consider whether to make a further order.

I would ask the court to consider lifting the stay as the test case is solely concerned with bank currant account charges and has not concerned itself with credit card charges as this was addressed by the Office of Fair Trading’s statement of 5 April 2006.

	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.