Thread: Successful Claims

Me v Barclaycard

Sucess

Claimed £500+

Initial offer of £200+ accepted as part partment

Proceedings issued for £300+ plus interest

Defence filed and Court date fixed

Three weeks before Court date received usual letter saying claim has no merits but not cost effective to dispute in Court - letter says by signing I agree to keep existance of offer and settlement of case secret

Offer amounts to payment in full including interest and costs

I will leave it up to you to decide if I am going to accept!!!

Hi Andymad, Congrats on your win.

Am due at Court on 3rd MArch with Barclaycard - hope it goes the same way for me. Just a quick question - did you send them your Court Bundle? I have sent off mine today and wondered if they settle before Court I can still claim for time and money spent on copying and postage of the bundle?

stuflo

Your court claim includes costs - you should add the cost of preparing any letters etc to your claim and send them an updated statement of account with your additional costs on them.

I've been adding £3 per letter as I can justify that cost as:
- I always send them recorded next day (£1 per letter - one for the bank one for the court.)
- I have a receipt for envelopes (cost divided by number of envelopes in the pack)
- the paper: cost of a ream of paper divided by the number of pages (remember you print off three copies one for them one for you one for the court)
- Ink: epson says there is an expected number of pages per ink cartridge (using "best" setting) therefore cost of an epson ink cartridge divided by that number of pages times the number of pages printed.
- electricity (I could work out the power usage of my PC and printer and then multiply that by my electricity companys cost per unit (kWh) if I wnated to be picky).
- Wear and tear on the computer (you have to estimate this)
- my time (you could work out how long you spent on this and multiply this by your normal rate of pay at work - i.e. how much you would have been able to earn if you working rather than doing the claim).

The last three I just estimate and it's usually about a total of £3 which I think is therefore justifiable.

You could use the same formula to work out how much the court bundle cost you to produce.

Hope that gives you a guide to working out costs.
The Badger

By the way,

You shouldn't charge them for letters till you get to the court claim stage as you have to show the court you have given them a reasonable oportunity to settle the claim prior to court - so the initial letter and the letter before action (plus any rejection of settlement if they offer less tha 100%) should be free.

Since the whole issue is that the Bank/Credit card companys are not willing to explain the costs to them of sending you a letter etc. by sending them a precise Breakdown of your costs you throw their refusal into sharp contrast.

The only danger to this is that the court could use your calculations and apply them to the banks charges - so each charge your claiming might be reduced to £3 and you get the rest back - rather than the whole amount. But I think this unlikely.

The Badger.

Started to claim charges from Banks, but before going the full hog I wanted to test the water with Barclaycard asking to refund £48.00 for Over Limit fees charged on on two accounts, one in January and one in December last. After their first letter stating they will stand by their charges but good news today, after I have sent a threating letter to them they are going to refund to one account £128.00 and the other account £224.00. A bit of a result-now I will go the full hog and ask for £494.00 and £796.00 less this refund plus any interest!

Just received Court Judgement for Claiment letter. (default Notice N30)

Basically this was issued after Barclays failed to respond to my claim of £1500.

This date for payment expired on the 4th May. hence will now be submitting a form for warrant of execution.

The court will now take over and execute the warrant, hopefully by sending in the Baliffs.

Great feeling.

Let you know if I get paid or if baliffs go in. Peter

Dont forget. when you are sucessful, get any negative credit ratings removed,
that were entered by the bank.

does anyone have the number of the guy who writes the letter saying there is no merit in going to court as i have got this sigen it and sent it back but they money aint been paid into my bank yet and i have not got his number.

Dear Badger and everyone - hello - new to site!...I have a deadline to send papers to court 4th July but don't know where to get advice about filling out 'bundle'? .. is it just that I think it's unfair?? advice and where to look please - one clain with Barclays and one Barcleycard a bit later!!

Originally Posted by The_Badger

stuflo

Your court claim includes costs - you should add the cost of preparing any letters etc to your claim and send them an updated statement of account with your additional costs on them.

I've been adding £3 per letter as I can justify that cost as:
- I always send them recorded next day (£1 per letter - one for the bank one for the court.)
- I have a receipt for envelopes (cost divided by number of envelopes in the pack)
- the paper: cost of a ream of paper divided by the number of pages (remember you print off three copies one for them one for you one for the court)
- Ink: epson says there is an expected number of pages per ink cartridge (using "best" setting) therefore cost of an epson ink cartridge divided by that number of pages times the number of pages printed.
- electricity (I could work out the power usage of my PC and printer and then multiply that by my electricity companys cost per unit (kWh) if I wnated to be picky).
- Wear and tear on the computer (you have to estimate this)
- my time (you could work out how long you spent on this and multiply this by your normal rate of pay at work - i.e. how much you would have been able to earn if you working rather than doing the claim).

The last three I just estimate and it's usually about a total of £3 which I think is therefore justifiable.

You could use the same formula to work out how much the court bundle cost you to produce.

Hope that gives you a guide to working out costs.
The Badger

My wife recently received a £12.00 charge against her Barclaycard account - even before she had received her new statement that showed that she had made a £20.00 payment off her old statement.

I wrote a five-page letter to the person whose name was on that statement, holding him directly responsible for all charges and actions against my wife's account now, or in the future. I demanded repayment and expenses within 48 hrs and a written response within 7 days or less.

I told him that he and everyone involved would be liable for prosecution under the Theft act and may also be found guilty of collusion to fraud and money laundering.

I told them that they had deliberately allowed my wife's account to go over limit in the full knowledge that this would give them their excuse to apply charges and I stated that under no circumstances would my wif'es account be allowed to exceedthe limit and it was their responsibility to ensure that it did not.

I also told them that any letter from them that did not say that the charges had been refunded would be considered to be their final determination and Walter Merricks, Chief Ombudsman would be immediately notifed.

I referred to previous precedents and told them that I should need witnessess, proof of evidence and other information if they wished to challenge this. I also demanded £28.55 to cover my expenses in pursuing this claim against their illegal actions.

...Seven days later, my wife received a letter saying that although they did not believe that all my arguments were valid and that their charges were fair, blah, blah, (Yeah, right!) they had credited £48.00 to her visa account!

YES YES YES

Letter dated 12 Jan headed Final Response, offering FULL refund of charges plus interest "as a gesture of goodwill". Now back within credit limit so no more charges, and on repayment plan at £20 p.m. with 0% interest for 6 months !!!!!!!!!!!!

Way to go! Thank you Caggers

I have just come out of work and have no money to pay my Barclays loan or barclaycard - can you tell me how I go about getting them to agree to my offer i.e. £1 for barclaycard. I don't know how to go about things with Barclays as I would like them to give me time to find a job e.g give me 6 months leeway.

Debronic, Please start your own thread up in the Barclaycard Forum and you will get all the answers you need