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Hi everyone, just back from our preliminary hearing in our local court. OH had a few nasty words with a member of Barclay's Litigation Team yesterday when they told him they wouldn't remove the default caused by their charges and their previous offer was off and they would be sending a Barrister to Court. OH and I were having bets as to whether Barrister would turn up, she did, wanted to speak to him prior to case, he declined, when we got into court Judge didn't even look at my carefully prepared CAG stuff, said its only 10 mintues, Barrister spoke up and said that OH was going to get paid, we had worked out the interest wrong, Judge sorted that out but said he was unable to award costs of preparing case. OH asked about the default being removed, Judge said he didn't have the jurisdiction to order that but Barrister said that Legal Team had advised Barclaycard that this should be done and they had agreed that this would be done at end of month when they remove defaults. Case adjourned to give Barclaycard 'til 21st July to pay up, if not paid by then can re-apply to re-open case. Had chat with Barrister later she said that someone knew a bit about legal matters the way the case had been presented professionally, said we are members of CAG, thanks to everyone on here who has helped, a bit of money will come your way when they pay
Not much to tell really tony, think they thought we were going to be more trouble than we were i.e. because we were insisting on the default removal, one tip we knew we were in trouble on that because we hadn't put in the MCOL claim so it wasen't part of the case from the start and think thats why the DJ couldn't assist. The Barrister was a nice little Asian girl who had to travel back to London , I think you probably can trust them to speak with you prior to the hearing (we had had such an up and downer the day before that we were not prepared to discuss things).
If you ever get to court you will find the DJ's and Barristers all seem to know each other and its all very informal, DJ picked up on us not getting the interest right i.e. not claiming from February til now.
OH said to the Barrister afterwards "Is there still an oversupply of young Barristers" She replied "I hope not!" Whatever it cost Sharklays it was probably more than they wanted to pay - ha ha!
Did you have your T&Cs for the whole period...Just about to get my teeth into Barclaycard...Would be grateful if you could point me in the right direction...
No, we didn't Tony and it was too late when we realised we should have had them, but think it must be a good idea, we also didn't know about CCA and SAR at the time we started on this but had all the statements as we have to keep for the accountant.
I can sense you are getting worried about this but don't be , they will almost certainly settle just beforehand and as far as the default is concerned if you haven't made that part of your claim, forget it until afterwards and take the costs of preparing your case, we lost that bit because we went for the default removal. You can always pursue that later.
There is no way Bcard want to get into court to have the real facts exposed
Sorry haven't replied til now but actually managed to get out for the day down to a lovely wedding in Herefordshire.
Thanx....Not worried as such....Allready have 3 claims at, defence filed stage, just about to start on Bcard but want to get it right....Found this fantastic line entry in my statements,
Cheque handling fee on 16th Feb 2004 £2.00
Its there in black & white. Does this not prove that their costs of handling such an item are below £2.00 ?. Shall mull that info over for a while...
Did you not whisper "its not to late" in the brides ear.....
Cheeky! Could that be a divorcee speaking? No have been married for 40 years and we work together too - it was a gorgeous place called Homme House in Much Marcle. Wow, what a piece of evidence, the real cost eh- £2 thats more like it. Crikey you are brave, 3 claims at once, mind you have been really busy writing nasty replies to out of time CCA requests, have done 4!and am now done 4
Miss Muppets old man vs Barclaycard ** WON **
wanted to speak to him prior to case, he declined, when we got into court Judge didn't even look at my carefully prepared CAG
stuff, said its only 10 mintues, Barrister spoke up and said that OH was going to get paid, we had worked out the interest
wrong, Judge sorted that out but said he was unable to award costs of preparing case. OH asked about the default being removed, Judge said he didn't have the jurisdiction to order that but Barrister said that Legal Team had advised Barclaycard that this should be done and they had agreed that this would be done at end of month when they remove defaults. Case adjourned to give Barclaycard 'til 21st July to pay up, if not paid by then can re-apply to re-open case. Had chat with Barrister later she said that someone knew a bit about legal matters the way the case had been presented professionally, said we are members of CAG
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Re: Miss Muppets old man vs Barclaycard ** WON **
