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Barclaycard case stayed by court - any advice please?
Ok, so my wife's claim against Barclaycard has been stayed by the judge "on the Courts own initiative". Have other people had credit card claims stayed? Should credit card claims be caught by the OFT case?
We had got to the the stage of submitting an allocation questionnaire.
Does anyone have an suitable update to the "application for a stay to be removed" on the board which is more relevant to credit cards? I'm thinking of a adding a new paragraph to the start of the wording given on the board. Something like:
"The Claimant relies upon the following grounds:
The Agreement of 27th July 2007, made between the Office of Fair Trading and the Banks relates to the Banks personal current accounts and not credit card accounts. As a claim for recovery of unlawful credit card changes, my claim should not be impacted by the impending OFT high court action relating to personal current accounts."
Does this sound ok? Or if anyone has anything better please post...
When applying to have the stay set aside do I just send the letter to the Court? Or is there a Court form that needs to be completed? I have until the 9th July to apply to have it set aside.
Re: Barclaycard case stayed by court - any advice please?
What is the actual wording of the court order?
The reason that I ask is that my local court stays all claims received (always has) and then on a set date the judge reviews a large batch all together, and I am wondering if this could be the same for you?
Re: Barclaycard case stayed by court - any advice please?
"The Claimant relies upon the following grounds:
The Agreement of 27th July 2007, made between the Office of Fair Trading and the Banks relates to the Banks personal current accounts and not credit card accounts. As a claim for recovery of unlawful credit card changes, my claim should not be impacted by the impending OFT high court action relating to personal current accounts."
That looks fine. You might like to add that credit card charges are applied on a clear breach of contract and therefore many of the issues in the OFT ruling are not applicable as a straight forward application of the common law rules on penalties could resolve the case.
Don't forget you need to fill in form N244 to apply to have the removal of the stay.
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Re: Barclaycard case stayed by court - any advice please?
This is an abuse of the FSA's deal with the Banks. You should make a complaint to the FSA as they are keeping this arrangment under review and may withdraw it if it can be shown that the banks are abusing it.
Re: Barclaycard case stayed by court - any advice please?
It is the court that has ordered the stay not the bank who has requested it. Its probably just an oversight, the court simply lumping all charges claims together.
Re: Barclaycard case stayed by court - any advice please?
True, but surely it is worth a letter going to the FSa and OFT showing that by their reckless and uninformed intervention in this issue, without giving direct guidance to the courts, that the banks are using it as a giant loophole for their lending departments to have other cases stayed.
Although the banks didn't ask for this, they are also unlikely to stand up and say - actually this is alightly different, so you mind if we keep going with this case - which is them not acting properly.
I think a copy of the order and the removal of stay letter you send should be sent to the FSA on those grounds.
Peter
Sign my petition to the Prime Minister here: PETITION
Thanks
Peter
Re: Barclaycard case stayed by court - any advice please?
Hi i just had a simular letter this morning from the courts stating that it is ordered that:1 The claim be stayed until further order with a view to awaitng the decision in the test case. 2 Either party may apply at any time to lift the stay, by application on notice, in accordance with part23 of the Civil Procedure rules. 3 The small claims hearing listed on the 3sep be vacated . I am preparing my court bundle am i wasting my time ??
Ps. does anyone know were i can find the T&C's on this site cheers.
Re: Barclaycard case stayed by court - any advice please?
Hi Guys,
Just to let you know my friend is pursuing a claim with Barclays for their bank charges and their credit card charges. He has received identical letters from Barclaycarda nd Barclays Bank advising they are not currently investigating claims until there is a result from OFT case.
Am I right in telling him then that Barclaycard have no basis in discontinuing his claim and that it only relates to bank charges not credit cards?
Apologies for hi-jacking your thread but this is exactly what I was looking for!
Re: Barclaycard case stayed by court - any advice please?
As far as we know, or are able to speculate, yes you are right.
Barclaycard have been left wide open to court claims since the OFT and FSA agreement that £12 was a maximum charge, but still open to being checked by consumers through the courts.
The OFT/FSA decision does, therefore, not affect Credit Card claims, something other threads have said they have received in verbal confirmation.
Suggest your friend continues with their claim regardless. If they haven't received statements, get them to follow along the non-compliance route through the ICO and FSA.
Peter
Sign my petition to the Prime Minister here: PETITION
Thanks
Peter
Re: Barclaycard case stayed by court - any advice please?
In the letter i received this is what was said ' The court is aware that a test case has been issued in the high court between the office of fair trade(OFT) and certain banks. This is with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the unfair terms in consumer contracts regulations and other legislation to such charges. Further information in relation to the test case is avaliable on the OFT's website.
UPON it appearing that the issues raised in the test case may affect this claim. This is different to the letter that Tim B received.
Re: Barclaycard case stayed by court - any advice please?
i too received a letter from the court regarding my claim against monument:
IT IS ORDERED THAT
1. This claim be stayed until determination of the proceedings in the High Court
2. Liberty to either party to apply on notice under CPR 23 to lift the stay
3. The hearing of any application to lift the stay be reserved to District Judge Dudley
This Order was made of teh court's own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the Order but such application must be made within 7 days of receiving it.
Think I'll have to do some more reading on this *sigh*
"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"
Brad v Halifax
22/08/06 - Preliminary Letter sent requesting full repayment of charges
06/09/06 - LBA sent to bank
Re: Barclaycard case stayed by court - any advice please?
Hello!
I've had a letter off Barclays regarding my court case titled: Unauthorised overdraft Charges ("bank charges")
The next line reads: You have referred your complaint about bank charges for determination in Court.
I had a Barclaycard which is a credit card and does not have a facility for an overdraft.
Barclays are applying for a stay on my claim due to the test case. They have enclosed a leaflet titled: Unauthorised Overdraft Charges Court Action
It is a question and answer sheet about Unauthorised overdraft charges.
When I first looked at the letter I thought 'oh well I'll have to wait' as I'm sure some other people will do. BUT, hold on a minute, how can they justify sending out letters and leaflets like this which have no bearing on the credit card issues whatsoever?
We need to write to the OFT, FSA, fos and Barclaycard and also the courts to let everyone know what they are trying to do and that is intimidate people into thinking there is nothing to do but wait for the outcome of the test case.
That feels better, rant over. They will not beat me!
Re: Barclaycard case stayed by court - any advice please?
Me again,
The questions in the leaflet amaze me further considering I have no overdraft with Barclays and had no bank account with them only a Barclaycard credit card.
The first question is: What is happening? which tells me about the test case.
Then: What will happen to customer complaints about unauthorised overdraft charges? well thanks for letting me know about unauthorised overdraft charges, not that it actually has any bearing on my case.
Thirdly: Why are the banks allowed to stop dealing with unauthorised overdraft charge compalints during the test case?
And on and on....
Hello Barclays, I had a credit card with you, do you not understand that this letter and leaflet has nothing to do with my case?
I'll be copying this letter and leaflet to send with my letter of complaint to everyone to let them know just what a bunch of no brain people this company is full of.
Barclaycard case stayed by court - any advice please?
do I just send the letter to the Court? Or is there a Court form that needs to be completed? I have until the 9th July to apply to have it set aside.
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. I am preparing my court bundle am i wasting my time ??
