sally v barclaycard "WON" - Page 3

slick132 · 29th September 2007, 11:53

Sally,

There is, I'm sure a guide or thread about this which gives an example.

Going out now but I'll look and come back.

Slick

sallysas · 8th October 2007, 19:17

Wonder if I'll hear anything on Thursday? I saw a postman with his van emptying a letterbox today. Coo!!!!

Can anyone tell me how far back Barclaycard records go as I'm sure I opened this account 12 years ago. Some people have been talking about claiming contractual but I was of the opinion that this was no longer advised. It's a bit dull not winning anything major so I think I may as well get as much as I can from the credit card people. Would help this site too.

slick132 · 8th October 2007, 21:25

Sallysas,

Have you read the Stickies above the BC forum about microfiche. They've been telling porkies about their data storage.

I'll come back about the stay when I find what (I forgot

) I was looking for.

Slick

slick132 · 8th October 2007, 21:28

Sallysas,

Sorry I let you down before:o - read here - Objection to stay on credit card claims

Slick

sallysas · 8th October 2007, 22:48

That's a very useful letter, thanks very much indeed. I have now read one of the stickies in barclays. Does anyone have an opinion on contractual? I am really of a mind just to claim statutory as I have ended up doing on this 1st claim.

slick132 · 8th October 2007, 23:57

Read post #82 onwards here - Mattemotion v Lloyds TSB

Word of warning - the link posted by Guidot at post #86 is heavy going. Arm yourself with coffee and smelling salts in readiness.

This may help make your decision easier - if you haven't claimed CI from the start, including Prelim and LBA, you may need to start again. As your case is already at the court stage, you'd have to drop this case and restart.

At least you should get your s.69 int't on your claim as it is.

Also, interesting comments and encouragement from Noomill on his thread in this forum. However, NM hasn't made it clear (to me anyway) how to go about calculating the CI. I need to try the Advanced Spreadsheet again.

There - clear as mud now! LoL:o

Slick

nevos · 9th October 2007, 07:35

I thought there had been some president set on CI and it's a no no?

slick132 · 9th October 2007, 11:47

Hi Nevos,

Talk to Noomill about it - still bang on keen for claiming CI - have a look on my BC thread to see NM's comments.

Slick

sallysas · 9th October 2007, 22:55

What have I started chaps!!! There had been a ruling on a current account (I think it was current) that this was unjust enrichment and even though one offered the judges 2 alternatives (authorised and unauthorised rate, with 8% as the third alternative) there had been a ruling basically calling us the claimants greedy - just like the banks. I had claimed compound contractual just the once against co-op but found it so difficult to get my head around - never mind explain myself to a judge - that I decided my brain deserved a rest. Good job they folded..... I thought there had been a breakthrough with the chatter concerning this. Never mind, I will just be happy with my 8%, thanks for the replies.

sallysas · 20th October 2007, 10:07

I sent my letter off to the court 29/09/07 and have heard nothing. Perhaps I'll give them a bell next week. Will also send off for old statements going back approx 12 years. Better in my pocket..............

sea-sidelady · 20th October 2007, 11:40

It wont do any harm to call and see what is going on.

12 years worth of statements..

Well that will keep you busy.

This is a good thread about CI.
key arguments for and against compound contractural threads

sallysas · 1st November 2007, 09:02

Ahhhhh, thank you for your concern. I was trying to be sarcastic when I said I was quaking. Definately going for wasted costs order. Apparently I have 3 claims going to be booked within the next 10 days. Barclaycard must be one of them. Don't know if this is true at other courts but here there are only 3 judges who have the expertise to deal with bank charge claims. That may be a reason why judges all over the land get so fed up. Rejection letter going in post today.

sallysas · 1st November 2007, 11:16

Just had a letter from Barclaycard offering me £200 less than is currently outstanding. And surprise, surprise they want me to agree to a confidentially clause. Oooohhh, I'm really quaking. It is labelled 'without prejudice' which does mean I cannot show it to the judge right?

'Should you decider to reject the bank's offer, we reserve the right to disclose this letter to the court on the subject of costs.'

That is so much hot air methinks.

Paintball · 1st November 2007, 23:14

Quote:

Originally Posted by sallysas

Just had a letter from Barclaycard offering me £200 less than is currently outstanding. And surprise, surprise they want me to agree to a confidentially clause. Oooohhh, I'm really quaking. It is labelled 'without prejudice' which does mean I cannot show it to the judge right?

'Should you decider to reject the bank's offer, we reserve the right to disclose this letter to the court on the subject of costs.'

That is so much hot air methinks.

Sally, please don't sign anything that Bcard produce; they are doing the same with me it's an act of wearing you down/bullying. You have a right to your money and there's no legal reason for you to sign anthing!!! Stick to your guns girlx x x

sallysas · 10th November 2007, 08:45

Have court date late January with same judge, same time, as 2 other cases I have received notice about. The judge obviously expects things to be resolved before then.

sallysas · 11th December 2007, 20:06

Wish they would hurry up and settle. At this rate I will need to do a court bundle and with 3 cases all before judge cooke I had better make sure they are all good. Come on Barclaycard, this is ther season of goodwill. Think I will make their christmas by finally asking for all my old data as my cheque from recent win clears tomorrow.

slick132 · 11th December 2007, 20:54

Hi Sallysas,

Have you contacted BLT to confirm you have a court date and that you would like to give them the opportunity to settle before, thus avoiding the need for you to book time off work to attend.

This will save BC time and money.

Have a copy of your updated SOC ready to send them and include court fees, so you have a current settlement figure.

sallysas · 23rd January 2008, 19:34

Was in court today with Judge Cooke. I made sure I had T & C's in court bundle. Anyway, he allowed me the charges but not the 8% interest the reason being that I'm not being charged interest at the moment on a debt management plan. He then offered expenses which I think came to £50. Not a bad result then as I included a reply of mine to a 'without prejudice' letter from Barclaycard within my court bundle. I started this claim November 2006 so I am glad it is over - though I can now ask for ALL my data and start again.

So I only ended up £50 down on the total claim. Sorry no cash - just another reduction on my debt mountain of £500.

slick132 · 23rd January 2008, 22:21

Hi Sally,

Well done on your win - FANTASTIC. I'll get your title changed.

So you had to go to court in the end. Did BC attend.

No cash but a great result for you. Let us know when they credit your a/c.

Bigmac versus · 23rd January 2008, 22:40

Still a great result, well done.

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