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Hi, I issued a claim against B/Card last July. It was stayed pending the test case.
I applied to the court last month to have the stay lifted; I have now recieved on order from the court.
Would be grateful for a bit of advice.
IT IS ORDERED THAT;
1. List the application to remove stay on notice before District Judge ******* on 23 October 2008 at 11.00am with an estimated length of hearing 30 mins.
Hi Kipper
well you should attend this hearing. The Stay should originally have only referred to Bank charges, so your BarclayCard is a seperate issue. You'll need to explain this at court. Then you can get started in your claim.
Did you make an N244 Application for the Stay to be lifted, and have to pay for it.
If so, I think you've been robbed !!
The case was Stayed wrongly, IMHO, as the OFT case has nothing at all to do with credit card claims.
Are you claiming interest at the contractual rate or just 8% s.69 Stat'y Int't. BC are now paying claims before you have to file at court, unless you're claiming int't at the contractual rate or you're claiming beyond 6 years.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Did you make an N244 Application for the Stay to be lifted, and have to pay for it.
If so, I think you've been robbed !!
The case was Stayed wrongly, IMHO, as the OFT case has nothing at all to do with credit card claims.
Are you claiming interest at the contractual rate or just 8% s.69 Stat'y Int't. BC are now paying claims before you have to file at court, unless you're claiming int't at the contractual rate or you're claiming beyond 6 years.
Thanks for the response. I never had to pay for the app for the stay to be lifted, I just wrote to the judge.
Yes, i'm just claiming for the 8%.
Do you think i'll need to take anything with me to court, or just go in front of the judge and tell him the stay was for bank charges?
Take out any spaces in the email addy before you use it. Tell BLT your BC claim was wrongly Stayed and is due to be heard in court again on 23rd October.
Email a copy of your updated SOC and ask if they'd like to make an offer based on the SOC plus your court fees to date, to avoid taking up any more of the court's time.
If BC won't settle in time, go in to court with all your papers arranged so you can find anything you need quickly. I suspect Judge will just give Directions for the next stage of your claim.
If you get the chance, draw the judges attention to the Draft Directions which you should have included with your aq and ask if he'd consider making such Directions.
You may need to prepare a court bundle - no need to print yet but get it put together in a file so it's there when needed. See Link No2 in my signature below.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Received a letter from BC Litigation this morning.They've offered to settle the full claim as it cost too much for both parties to this to trial. (How considerate)I must now sign and return the letter and agree to some terms....cofidentiality blah blah.I want the court fee & my SAR fee (£40) returned and the rest can come off my balance, is this reasonable to ask them?Thanks.
Print of todays copy of your SOC which will give the latest figures for your charges and s.69 interest.
Email them back saying:-
Dear whoever,
Account No xxxx xxxx xxxx xxxx
I agree it would, indeed, be preferable to settle this without a court hearing. Accordingly, I am prepared to settle as follows:-
Charges................ xxx.xx
S.69 Int't to date.....xx.xx plus daily interest @ xx pence /day
Court fees.............. xx.xx
Total.................. £xxx.xx
I will accept this sum in settlement of my claim for repayment of penalty charges on my account up to xxxxxx (date of the last charge on your SOC).
I will not sign any confidentiality conditions and would like my claim to be settled by a refund to my card account/cheque made payable to Kipper.
Please confirm your agreement to this and I look forward to recieving payment shortly. When payment has been received, I will contact the court and confirm my claim has been settled and is therefore discontinued.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Kipper V Barclaycard
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Originally Posted by slick132
