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Basically, I'm claiming over £1100 worth of charges from Barclaycard dating back over six years. I've gone through the step by step guide as advised on this site. There is around £400 owing on this card by me. The first reply from Barclaycard came back to me saying they pay this back to me to clear the account. But I refused this and decided to go ahead and claim the full £1172.00. However, I wet through the process on moneyclaim olnine and now I have something come back from the court saying that:
'1.Following the filing of a defence or holding defence the claim shall be stayed in the Office of Fair Trading test case.
2. Liberty to apply with a explanation.'
Then it goes onto say that 'A party affected by this order may under rule 3.3(5) apply to have it set aside varied or stayed within 7 days of service of this order.'
My first question is: What does this mean? Can I appeal? Also, I thought the the office of fair trading decision was for bank account charges, not Credit Cards?!
Also, it says I have seven days to apply (Which is up tomorrow!)
As you have done this online, they have stayed it as a 'Bank Account' case. You have to apply to get the stay lifted.
On a side note, ALL Credit Card companies will offset the balance and pay you the rest. Barclaycard are paying all claims in full and offering an extra 8% on top. You may be onto a loser here if they show up in court and can show the Judge they have been willing to pay in full.
JOgs
Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000
Lloyds TSB : SAR request taken all the way to Court, Damages awarded.
Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.
Capital ONE : Issued Court papers, refund of £635.38
Barclaycard : Refund of charges £456.16
Thanks for this - How do I get the stay lifted? As I've logged in and it says: 'unable to take any further action online on this claim.
The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.'
What does this mean? Do I go to my local court? Also, do I have to do this by tomorrow?
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.
Will I need to get this to Northampton Court today? Is it worth me pressing ahead with this? If I 'm being told that I will have to wait until the office of fair trade descision. Sorry, I 'm worried now that this might bite me!!
I'd get the Objection to Stay letter off right away. They have no basis for this claim being Stayed.
Having said that, the info in your post #3 above suggests the case is being sent to your local court. So it may be properly reviewed by the court on receipt.
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.
Thank you for the advice - I emailed and sent the letter via post today. Does this mean the judge will look again at this case? Do you think I will still have a chance of winning?
It looks to me as though the case has been, or will soon be, transferred to your local court.
Hopefully when it gets there, this court will review it and recognise that the case has been wrongly Stayed. Your letter will either be d/w by MCOL or forwarded to the local court.
Either way, you should get the case moving again, hopefully without having to pay to formally apply for this.
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.
Just to give you an update - I received an order from MCOL saying 'The Claimant's letter stands as an application for leave to lift the stay'.
and it looks like it been transferred to my local county court.
So what happens now? Do I need to do anything? Do you think that Barclaycard might cough up?
I'd wait for the case to be transferred to your local court, who will tell you when they get it.
It should then be reviewed by a judge who will decide how to proceed. Most likely will be the requirement for you and BC to complete aq's (Allocation Questionnaires).
This would be the time to contact Barclays Litigation Team and seek settlement.
When you filed your claim, who, precisely, did you name as Defendant and at what address.
Did you claim the charges and s.69 interest using the Site's Simple spreadsheet, or did you claim interest at the contractual rate.
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.
Barclaycard - HELP PLEASE!
varied or stayed within 7 days of service of this order.'
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