Thread: Palladinho vs Barclaycard

Hi in need of a little advice so i'll keep it short 'n sweet - I have written to Barclaycard to claim charges back using template letters from the moneysavingexpert.com site - and after the standard Barclaycard response of "we'll pay back the difference between £12 and the £27 of the original charge", i chose to take them to the small claims court through MCOL online. Two weeks later I received a letter from Barclays saying effectively there was no point me carrying on the claim as they intended to apply to have the claim stayed.

Now on the 18th September , I received a letter from the court saying:

To all parties

A defence to this claim has been filed.

** it then says the claim has been transferred to a court near where I live / work from Northampton county court and provides the details **

Second page more interesting:

Northampton County Court

Between ******** ******* Case Number: ******

and BARCLAYCARD

Before District Judge Murdoch
Sitting at Northhampton County Court

Without hearing

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **


Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

** please note that the allocation fee will be due on all claims over £1500.00. This must be paid to the court of transfer within 14 days of dispatch of the notice of allocation to track. This fee is payable even if the case settles before the hearing and must be borne in mind when reaching any settlement.

It then has attached what appears to be a standard defence (from reading some of the forums) from Barclaycard - there is no mention of them asking to stay the claim.

I would really appreciate it if someone could tell me what the next step is, am I waiting for the 14 days to be up - i.e today for barclays to file a stay; what does "The filing of an allocation questionnaire be dispensed" mean? does that mean they have stayed my claim and I'm too late to appeal?

Thing is I'm confident if I had a hearing I could have a good case as Barclaycard have been charging me £27 for going over £7 for a day - when i was a student working 3 jobs. If that isn't immoral then I don't know what is. ANy help greatly appreciated, I'm "only" claiming £585 - but it would really help me out. Cheers.

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Hi Palladinho,

Your case is being transferred from MCOL to your local county court.

MCOL don't require an AQ but your local court probably will, along with the fee (AQ = allocation questionnaire).

Ignore BC's rubbish about the case being stayed - it should not be.

Wait to receive Directions from your local court and post them here on receipt.

Slick

Originally Posted by slickwilly132

Hi Palladinho,

Your case is being transferred from MCOL to your local county court.

MCOL don't require an AQ but your local court probably will, along with the fee (AQ = allocation questionnaire).

Ignore BC's rubbish about the case being stayed - it should not be.

Wait to receive Directions from your local court and post them here on receipt.

Slick

Thanks Slick - by the way nice dog.

After waiting I phoned the court and they have stayed my case - it's difficult to know the details though I'm presuming this is due to the court presuming it is a bank charge claim rather than a credit card charge claim. Frustrating thing is I can't appeal till I know the details of the stay action in the paperwork, and the paperwork now seems to be lost in the post due to Royal Mails extended strike action.

Assuming the reason to my claim being stayed is because they believe it is related bank charges - does anyone have a recent appeal strategy that has worked in Clerkenwell county court where my claim is filed??

Cheers! Hopefully i won't have to wait too long to get the order through the post to put the gears of war in motion.

Well, my claim has been stayed - the letter was dated 11th October though i only received it yesterday and the postmark states 1.11.07 - obviously by the letter date I have missed the application deadline but I phoned and the court clerk said to put it in my covering letter and re-submit to the judge with an N244.

Had a quick look at the N244, have no idea how to fill it out. As this is not a bank charge, could i use as suggested on the moneysavingexpert.com site this letter, clarifying that I recieved the letter as shown on the postmark way after it was dated. :


Dear Sir or Madam,

Re. Claim number: [INSERT county court CLAIM NUMBER]
[INSERT YOUR SURNAME] V [INSERT NAME OF YOUR BANK]

I am writing to inform the court that I strongly object to the proposed order of a stay due to the Office of Fair Trading test case for unauthorised overdraft charges, as per your letter dated [INSERT DATE OF LETTER FROM THE COURT], in respect of the claim detailed above.

The court should note that the test case initiated by the OFT, Claim No. 2007 Folio 1186, clearly states it is testing the law in relation to current account overdraft charges, and not credit card charges. No credit card issuer has been acted against by the OFT in this test case.

Details of OFT claim – “The OFT has initiated an investigation under Part 8 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Defendant Bank’s personal current account arrangements providing for charges to be imposed upon customers who seek to make payments for which they do not have available funds.”

As my claim is in relation to credit card charges, I ask that the stay be lifted without my needing to submit the N244 application notice, which would disadvantage me further due to the £75 fee.

I look forward to a full response from the court to this letter in due course.

Yours faithfully,

[YOUR signature]

[YOUR NAME (PRINTED)]


Or should I go with a covering letter like the one in the stickies - and a N244, if so any help with filling it out would be immense. Big thank you to anyone who can help.

Thanks slick132 but who are the BLTeam - Barclays Litigation Team???

Also the letter you linked to refers too - non compliance with the Data Protection Act (for more than 18 months) also an erroneous default marker placed on file with various credit agencies. - which is not the case for me. Is there a big difference goin without the N244 other than the fee???