Thread: willo1234567 v Barclaycard

hello everyone. first of all may i say thankyou to you all for being so helpfull, even to complete strangers like myself.

i have just compiled my charges request letter, I was wondering if anyone has adapted their first letter, mentioning how their microfiche system is not a lawful excuse for not supplying the required information without paying them.

or, should the standard template suffice.

again, thankyou very much for your help.

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Hi, I would send something similar to this.

I respectfully decline your offer of settlement and request that you return to me all charges imposed on my accounts, totalling £XXXX.
Additionally as these charges are unlawful, I am claiming the statutory interest rate from the date of each charge on my accounts.
I have again enclosed a full schedule of charges and Interest with this document.
I therefore ask that you repay me the full amount of £XXXX.

I will accept the sum offered (£XXX) only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
When I signed a contract with XXXX, it is an implied term of the contract that you would conduct yourselves lawfully and in a manner that complies with UK law.
After the confirmation of your high charges to be unfair, per se of the OFT report on 5th April 2006,
and with the absence of specific proof to the contrary, I feel let down and deceived by your organisation.
You have 14 days from the date of this letter in which to settle my claim. If however I do not get a response in this time or the response is not to my satisfaction, I will send a letter before action giving
a further 14 days in which to reflect. I believe these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of
the second deadline.

Kind regards

Hope this helps.

right, ive written to Barclaycard offering to waive my interest if they pay me in full within 14 days, they have responded arguing that they are in the right, etc.

do i do a small claim now? is there a good thread i can look at to see what to do next?

many thanks

hi, ive submitted my moneyclaim case to barclaycard, it is deemed to have been served now. barclaycard have 14 days to respond as of yesterday.

is there anything i need to do now? do i need to send anything to anyone? please help, have looked through all threads, cant find anything about this.

cheers

barclaycards 14 days is up today.

do i issue a judgement on the mcol website? slightly confused with it, or do i wait for barclaycard to acknowledge it?

cheers

as i type that barclaycard have acknowledged my claim.

i wait another 2 weeks now i presume, to see wether they enter a defence?

cheers

Barclaycard havent entered a defence. Is it wise for me to enter a judgement by default now?

Any advice would be greatly appreciated.

i tried the judgement by default, however it was rejected.

barclaycard have now entered a defence, seems very long and intimidating. its been transferred to hitchin county court.

whats my next step? i know people seem to have been disinterested in my thread on here so far, but i really could do with some advice.

do i get sent the allocation questionnaire or do i download it, etc?

cheers

Hi Willo,
The courts will write to you and hopefully send you an aq to complete. Some courts now are not sending AQ's and are short cutting due to high volume of claims. My advice to you is to read up on the HSBC site someone called Laterus, she has all the info on that thread withs what is happening at the courts. You will need to know to take this to the next stage.
DS

HI Willo, this is the thread you need to read.

http://www.consumeractiongroup.co.uk...3&goto=newpost

ds

hi all. thanks for the advice. ive now received another letter from the court that says,

it is ordered that:

1 The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of facts. (stylised particulars do not constitute compliance.)

The claimant must amend or substitute its particulars of claim setting out the claimants case in plain english by 4.00pm on 2nd may 2007 and in default, the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with 16.5 setting out its case in plain english.

Please help me, do I have to re write my statement? Im stuck I think?

Thankyou.

Hi Willo,
Sounds like you either need a site helper or a Moderator to help with this one. Your claim, did you us e the templates from CAG! as this is most unusal.
I hope that someone with better legal knowledge comes and helps you!
DS

hi.

yeah i used the normal templates. really not too sure what to do now?

is there anyway i can contact a site moderator?

Hello. I have just received a letter from Hitchin county court. Another bit of confusion I think. My claim hasnt exactly been straightforward.hehe.

Anyway, the letter says,

IT IS ORDERED THAT

the allocation be set down for an allocation hearing.

the issues raised in this case make this case unsuitable for allocation to the small claims track. the court is proposing to allocate it to the fast track.

the allocation hearing is by telephone conference (never done that before). the parties must follow the Practise Direction to CPR23 at paragraph 6. where one party is unrepresented it is the responsibility of the represented party to arrange the conference.

can anyone give me any advice as to what to do next?

cheers, im stuck.

Hi sorry for hi-jacking your thread, but my sister would like to claim from barclaycard, could you let me know what she can calim for. Can you claim back the interest charged on your standard balance and interest on your cash balance?

Good news. I have received an offer which I have accepted. Happy Days.