Techspec V Barclaycard & Court Stay **WON**

**TECHSPEC** · 16th October 2007 17:16

I filed against Barclaycard on June 25th 2007.

I filed for judgement, but it was rejected, due to a late defence from Barclaycard.

I knew that Barclaycard usually settled a couple of weeks before court, so was not overly concerned. But on 7th August, the local court stayed my case.

I rang them, pointing out that it was a credit card, and i was told to write into the court. I was also told that the £35 fee would be waived.

I wrote them a letter, as instructed , pointing out that credit cards were not involved in the commercial court hearing. I also included some proof from the Lloyds icon

TSB website. My letter was ignored.

I rang again, 2 weeks later, and was told i should have filled out the correct forms, and sent a cheque. This was not what i was told the first time.

I refused, and pointed out that i had come to the court to stop unfair charges, and i would therefore not be allowing the court to do the same thing to me, by charging me for THEIR error. I therefore started the complaints procedure instead.

Today, a nice letter from the court, apologising, and saying the higher judge will look at it. If that fails, however, i have to pay the new fee of £75.

To be continued........

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**TECHSPEC** · 16th October 2007 17:33

At the same time as harrassing the court, i have also been harrassing Barclaycard.

I pointed out that it was immoral for them to take advantage of an incorrectly applied stay.

To my shock, they have refunded ALL my money.

But they have refused to pay the interest icon

or the court fees, so i am minded to just let the case continue to run, and continue to ask for the rest.

I just hope they don't take the refund back.

**Paintball** · 16th October 2007 17:35

Well I would hope that Barclaycard will "assist you in this matter" by writing to the court to say that they don't oppose the stay ... email them and suggest that they do this?

**Paintball** · 16th October 2007 17:36

Originally Posted by TECHSPEC

At the same time as harrassing the court, i have also been harrassing Barclaycard.

I pointed out that it was immoral for them to take advantage of an incorrectly applied stay.

To my shock, they have refunded ALL my money.

But they have refused to pay interest icon

or the court fees, so i am minded to just let the case continue to run, and continue to ask for the rest.

I just hope they don't take the refund back.

But you want them to take the refund back as then you would be going to court for just the interest and court fees and your claim would no longer be whole.

**thepearce** · 16th October 2007 17:52

What a nightmare! I'm in the same boat - I've just created my own thread - Pearson vs Barclaycard

**TECHSPEC** · 16th October 2007 18:09

Originally Posted by Paintball

But you want them to take the refund back as then you would be going to court for just the interest icon

and court fees and your claim would no longer be whole.

Thats what makes me feel uneasy now. But the case would be even more whole, if they just paid the rest, which i will now seek.

As the case is currently stayed, i suppose i have a bit of time on my hands, to try and achieve this.

Thepearce, the banks have been getting away with late defences, and lost defences for ages. Its crazy.

Was your judge called judge Hawkesworth QC?

**thepearce** · 16th October 2007 18:15

Originally Posted by TECHSPEC

Thats what makes me feel uneasy now. But the case would be even more whole, if they just paid the rest, which i will now seek.

As the case is currently stayed, i suppose i have a bit of time on my hands, to try and achieve this.

Thepearce, the banks have been getting away with late defences, and lost defences for ages. Its crazy.

Was your judge called judge Hawkesworth QC?

Indeed he was :

Before DEPUTY DISTRICT JUDGE ROEBUCK.......
...by Order of the Designated Civil Judge His Honour Judge Hawkesworth Q.C.......

**TECHSPEC** · 16th October 2007 18:20

Well he his well aware of the facts regarding these stays, and if he does not remove them, then he is just being stubborn.

I would hang fire for a week or so, as i may be able to advise you further on what course of action to take/ or not take. I will post on your thread if i can help.

**thepearce** · 16th October 2007 18:28

Originally Posted by TECHSPEC

Well he his well aware of the facts regarding these stays, and if he does not remove them, then he is just being stubborn.

I would hang fire for a week or so, as i may be able to advise you further on what course of action to take/ or not take. I will post on your thread if i can help.

Thanks - though I'm sure I'll be making a few calls tomorrow.

The envelope was postmarked 15/10. The letter 13/10 but the actual order was dated 20/09!

**TECHSPEC** · 16th October 2007 18:34

Probably a good idea, as the more people have a go at them, the better. It may grind them down until they surrender.

Today, i have phoned Basingstoke CC, Bow CC, and your court Halifax icon

CC on behalf of friends. These calls were followed by emails to the courts, and to the banks involved.

I'm sure that many banks settle, just to get rid of me

**TECHSPEC** · 20th October 2007 13:45

I complained about the court handling my Barclaycard claim, to MCOL. I insisted on my money back, and said the court process had been a waste of time.

All MCOL did, was pass the email onto the court concerned. Now thay are really peeved off.

Anyway, the only reason i want my money back, is that i may have an offer from Barclaycard, who seem to have grown a consience.

Nah, that can't be right. I think they have heared about Martin's pending press report on how the credit card companies are making mugs of the courts.

**thepearce** · 20th October 2007 14:16

FWIW I'll be sending a complaint to the court manager at Halifax icon

CC and probably MCOL too. I suspect it will end up with some boilerplate reply but it'll let me vent.

I'll send it along with a notice of discontinuance once the Barclay's refund hits my account (hopefully Monday).

First I had MCOL fail to send on the defence, then stay the case (as I hadn't replied to the defence [they hadn't sent]) then Halifax stay it again pending the OFT BANK case. Faxed them something on Thursday and heard nothing since.

Muppets.

**TECHSPEC** · 23rd October 2007 23:15

I am sure the Halifax icon

county court icon

manager Debby.Halmshaw@hmcourts-service.gsi.gov.uk & MCOL Customerservice.mcol@hmco urts-service.gsi.gov.uk would love to hear from you.

**thepearce** · 24th October 2007 00:09

<In a Mr Burns' voice>

Excelllllllllllllllllllll lent

**thepearce** · 24th October 2007 17:59

Well that's Miss Halmshaw emailed. Quite a large email.

I'm not exactly hopeful for a prompt or meaningful response given my experience of HCC thus far.

**TECHSPEC** · 24th October 2007 19:19

Im sure you will get a prompt response from her. Its the judges who need their heads banging together.

The OFT have covered Credit Cards very briefly in their Q&A release last week. They could have made it a bit clearer, but it does say that only current accounts are affected (paragraph 10).

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007 - updated 22 October 2007

**thepearce** · 24th October 2007 19:52

Originally Posted by TECHSPEC

Im sure you will get a prompt response from her. Its the judges who need their heads banging together.

The OFT have covered Credit Cards very briefly in their Q&A release last week. They could have made it a bit clearer, but it does say that only current accounts are affected (paragraph 10).

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007 - updated 22 October 2007

Thanks. The reply to question 10 could easily start : "No, ..." eh.

**TECHSPEC** · 24th October 2007 22:15

Originally Posted by thepearce

Thanks. The reply to question 10 could easily start : "No, ..." eh.

Exactly. They seem reluctant to spell it out in plain and clear language, leaving it open to interpretation by crackpot judges.

**TECHSPEC** · 26th October 2007 21:03

***WON***

Received the remainder of the money today, no thanks to my court, which is still reviewing the stay.

Thanks for all the help & advice, especially the original poster of the Barclays icon

litigation contact details.

How do i mark the title as *WON*

**bluewillow07** · 27th October 2007 07:09

Congratulations

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