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I sent my claim to barclaycard for £400.00 recorded delivery on 25.03.06.
Today, 29.03.06 had a call from Customer Services (a very nervous sounding chap) who explained that their legal department had looked into my claim and had decided that I had no grounds for re-payment of fee etc. He offered a "goodwill gesture" of £200.00.
I let him waffle for a while about their reasons for this offer and then came the crunch question 'Are you willing to settle for this sum'?
My answer was a definite and positive (not rude) 'NO. I would only settle for the full £400.00 plus interest. Failure to settle by 03.04.06 would result in court proceeding being commenced without any further communication'.
Customer Services guy (very nervous now) uttered that there probably wasn't much more he could say at the moment, and then he was gone!
Getting the banks scared has been the highlight of my year so far!
Bring on the courts!!
I'm also trying to claim against Barclaycard, can I ask what address you sent your letter to?
Also they have told me I will have to pay £5 for each statement I request and I need about 30 statements to identify all the charges? (I didn't tell them why I wanted the statements). Is this charge legitimate? How did you get your statements?
You will see a lot of me actually cos I'm also claiming against Woolwich Bank, Capital One & Halifax.
Barclaycard: £400.00 Letter sent 25.03.06.
Acknowledged 29.03.06. Offered 50% (Declined)
Woolwich: £1700.00 Letter sent 25.03.06.
Capital One: £260.00 Ditto above
Halifax: £325.00 Ditto above
In all cases above I have given them just 7 days to respond.
I enjoy a good fight!
Good.
Can you start a new thread for each of your cases, please, or it will get really confusing, really quickly, as we try to work out who replied what about what to whom. Thanks.
Apologies to people who I was in the process of helping, I may be gone some time.
Seems BC strategy is to offer half. They did that to me after I sent a letter before action. I settled for the lot! They didnt need much persuading. I told him I was serious and would take them to court. He was really pleasant and I had a letter to confirm the refund the next day!
When I got home on Friday night I had post from the court containing Barclaycards defence. They had left this to the very last minute but had got it into the court on time.
So, looks like they plan to hold out as long as possible before paying me back.
I think it might be wise for me to prepare my case properly in case it does go all the way to court. So any advice on the next phase would be appreciated.
No advice as such - but I do hope you come back and let us know what happens! It seems as though quite a few people have got to your stage and then they vanish into thin air, never to be heard of again :o
They must have been slapped with a MASSIVE gagging order, been paid thousands to keep quiet and forced into witness protection...whatever happens, please get a msg out to us before you disappear into that Barclaycard Abyss!!
No updates on here for a while, hows your claim going?
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
I really thought theyd of offered you the full amount by now!! Im suprised there going to court over your claim :S
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
Your Ref: xxxxxxxxx, Court Case No. 6SB00430
Barry031261 V Barclaycard
17.06.06
I am writing to you today in the hope that we might be able to agree a settlement on the outstanding case as stated above.
I have no doubt that you are a very busy man at the moment, what with the number of claims for return of penalties you are dealing with at the moment.
But, with reference to my claim, i have looked at your defence as attached to your letter dated 05.05.06*and it is the same as in all of the other cases that I am currently watching on 'the consumer action group' website. I believe that*once you have been to court with one then the result will inevitably follow for all of the others where you have the same defence. (I am aware cases will be dealt with on an individual basis and no precedence can be set but we are all paying very close attention to each others cases.)
I note that one Judge has even made a comment on the allocation questionaire:
"It is difficult to see how the Defendant, absent any witness evidence, could show reasonableness of charges or details of its costs. Surely there will be a witness. This has a bearing on the time estimate for the case."
This gives me, and my fellow claimants, more confidence in our eventual settlement.
I have attached a spreadsheet (Case 6SB00430) which shows the current amount claimed including court fees and interest to date. I have also included a sum of £100.00 for the time taken to prepare my case for court proceedings should it come to that. This is a figure which I am sure the courts would allow following judgement in my favour.
I have also attached another spreadsheet (Additional Fees) which is a Breakdown of further penalties that have been taken from my bank account subsequent to my current claim. I will also be looking to have these returned. Ideally, these fees can be dealt with at the same time as the current claim but, failing that, I will immediately be entering a new claim to the County Courts for the return of these monies which will obviously result in further court costs and interest to yourselves which I am keen to help you avoid.
I do hope that this matter can be resolved amicably and that we can both avoid the unpleasant but necessary appearance in court. But I would like to make it clear that I am fully prepared, with the assistance of the 'consumer action group's' support, to proceed to court on the 1st September 2006 if we are unable to resolve this matter now.
I look forward to your response,
Yours Sincerely,
Barry031261
Mr Jeremiah is indeed a nice man to talk to although he is aware that any coversation we had would be posted here. So he wasn't willing to discuss the matter over the phone but did assure me that the case would be looked at and a letter sent to me within the next couple of days.
I received a laughable offer 2 weeks ago from Mr Keith Jeramiah of £380.00 (my claim is for £681.00). I telephoned Mr Jeramiah and told him that I found his offer amusing and that I would just let the case proceed to court and he backed down and intimated that he would review the file and if all my claim was substantiated then he would settle it.
Last week I had a Default Notice from Mercers stating that my credit card account was now in default.
Yesterday I received another letter from Keith Jeramiah who stated:
As a result of your case review, it has come to my attention that your Barclaycard account is now closed and currently with Barclaycards Collection Unit to recover the debit balance which currently stands at £*******. It is noted that the last payment received from you was back in March 2006. (This is the time I started Litigation)
With a view to resolving the issues of your claim and the dormant balance of your account, I wish to put forward the following proposal:
A) The Bank to offer £500.00 in Full and final settlement of your claim entitled 6 SB 00430
B) The settlement offer is made strictly without any admission of liability on the Banks part
C) The settlement sum of £500.00 to be applied to the debit balance of your Barclaycard account No.***********
D) That you will, with immediate effext, commit yourself to making regular minimum payments in accordance with your account statements. I believe minimum payments will be in the region of £70 per month. Of course this will reduce in line with the overall balance
By applying the settlement sum of £500 to the debit balance of your Barclaycard account, it will bring it back in line with your agreed credit limit of £****. interest will be applied at the standard rate of 17.9% and no further charges will accrue. To discuss the clearance of your account balance in more detail, please feel free to contact my colleague Colin Murphy on 0161 200 7280. Mr Murphy is in the Barclaycard Customer Relations Department.
If you agree to the terms of this letter, please sign and return the dupliacte copy to me by return. You will need to notify the Salisbury County Courts, by letter, that you have discontinued youur claim against the bank. May I have a copy of your letter to the court when you return a signed copy of this letter to me.
Keith Jeramiah.
Now, I was under the impression that I couldnt be Defaulted whilst I was in Litigation with Barclaycard so have they overstepped the mark and do I have any way to counter this Default?
Am I also within my rights to report this matter to the OFT and/or the banking Ombudsman?
I will not be accepting the latest offer but need to be fully armed with the correct legal information before responding so any advice would be gratefully received.
Barry031261 v Barclaycard ***SETTLED IN FULL***
" of £200.00.
. Failure to settle by 03.04.06 would result in court proceeding being commenced without any further communication'.
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Re: Biting back at Barclaycard!
Originally Posted by Barry031261
