Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Barclayard - Using Barclays Bank Name to have claims Stayed!
I took Bcard to court in the summer for £250 with regards to Penalty charges they returned £200.
The claim went to court via Money Online and it was stayed by the district court judge stating that my claim against Barclays Bank was covered by current litigation.
My claim clearly stated Barclaycard however the judge has sided with "Barclays Bank"
After appealing by letter twice to the judge and being refused I will have to apply now via an N1.
Can anyone out there suggest any alternative strategy ??
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
Hi TP and welcome to the BC forum.
We've been advising against using MCOL for some time now and this is one of the reasons.
I would have suggested writing to the court but, as you've already done this, it may continue to fall on deaf ears. However, try this letter, suitably adapted to reflect your own case - http://www.consumeractiongroup.co.uk...edit-card.html
The judge is clearly wrong to Stay the case as the OFT Test Case has no bearing whatsoever on Credit Card charges. The OFT have already ruled on CC chgs and the issues are clear - they are penalty chgs and, as such, have no lawful basis.
Was your claim just for chgs and s.69 Statutory interest, or for charges and interest at the Contractual Rate.
If it is just the former, I'm surprised you've had to file a claim at all as BC are happily refunding chgs without court action.
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.
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
Barclaycard are also using deception by trying to get their cases stayed passing their credit card charges off as bank charges. Throw their deceptive ways into your claim too.
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.
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
Hi TP,
My advice is to either :-
1) Send the linked letter to MCOL and state categorically that a credit card case against any bank should proceed without a stay.
OR
2) Start afresh by sending BC an updated SOC (which includes any recent charges) with a new Prelim Letter - http://www.consumeractiongroup.co.uk...RD-letter.html Don't print the Int't column on the SOC until you file your claim at court.
Follow this with an lba after 14 days. BC should refund without you needing to file again.
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.
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
DEar All
I have contacted the court with the chase up letter and they are keeping firm with regards the Stay being kept on the case.
So will I have to undertake a request for the Stay to be lifted by an N1 and pay the £75. ?
May I add an extension to the claim with regards the deception by BC of relating Bank charges to cc charges and what are reasonable damages for this sitution, £100, £200 £500?
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
I'd say no, because BC are not responsible for this - it is the court's fault.
I'll flag this up to see if anyone has any further ideas for getting your case unStayed.
Personally, I'd now start from scratch with a new Prelim Letter and updated SOC, followed by an lba. This will cost nothing and it needs doing before you start fresh proceedings at your local court using a form N1.
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.
Re: Barclayard - Using Barclays Bank Name to have claims Stayed!
You cant simply discontinue a claim and start another relating to the same account-you would need permission from the Courts.
The way to do it is to fill out an N244.
You are at liberty to apply to have the stay lifted.
The grounds I would use (and did use in my own )
are that the OFT test case is in relation to Current account bank charges.
You should state that the Office of Fair trading have already investigated and ruled as unfair,credit card charges in 2006.
In your application to lift the stay,you can furnish evidence to support this including (but not limited to)
The OFT report published after the investigation.
Whether your application is successful or not can depend on the Judge on the day.Im afraid its hit and miss unfortunately.
The downside of Mycol has already been explained,but one such dissadvantage is that applications are decided on the Courts own motion with no possibility of a hearing-although nothing to stop you asking for your case to be transferred to your local Court to hear your stay application.
But you have a reasonable chance of being successful providing that your application is clear and argues the case.There will be a charge for this since you have to do it on notice,but it will be claimable with your other costs.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
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.
Barclayard - Using Barclays Bank Name to have claims Stayed!
Bank was covered by current litigation.
Reply With Quote
