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Just to advise you that after receiving a partial payment from Barclays I have now issued MCOL 9th Dec 06
Claiming balance of Charges and Contractual interest £1852.22 + £120 Court Costs Total £1972.22
Good luck! Did you get all your statements or are you estimating? They have hit me with the micofiche argument. I have written back reminding them of the recent ICO ruling and they have 4 days to comply!
Good luck! Did you get all your statements or are you estimating? They have hit me with the micofiche argument. I have written back reminding them of the recent Information Commissioners Office ruling and they have 4 days to comply!
Bicester1
Hi Bicester
I keep all my statements so I did not have that problem.
But Good Luck with getting your info from them.
Regards
DS
Just had my statements today from Barclaycard/Mastercard and they have reduced my Credit limit by £250 with them stating that they are reviewing customers accounts blah,blah blah, they are 'PROFILING' their customers and their decision is not reversable. I have always at least paid the minimum monthly amount and a little more and of late have always paid them as soon as the statement arrives. Most of my late charges etc were from over 12 months ago and I have been good of late. I believe that they have done this in retaliation for me taking a claim against them.
My claim is still in progress and I suspect that they will settle my claim shortly and then they will probably reduce the Barclay Card as well - they will not let me have the use of that money I am sure.
DS
Just looking at my Barclaycard claim and note their 28 days will be up on 13/1/2007 this is the latest time they can file a defence....so really next Friday a working day is the day they can do anything.
If an acknowledgment has been filed then in total 28 days. if neither has been recieved after the 14 days after date of service then you can aply for a judgement by default.
If an acknowledgment has been filed then in total 28 days. if neither has been recieved after the 14 days after date of service then you can aply for a judgement by default.
Which is 13/1/2007 so presumably they will do something this week with a bit of luck.
Have a lok at this link . all the papers are there from barclaycard. Double click on the pictures to enlarge them. This will give you an idea of what they are palying at.
Have a lok at this link . all the papers are there from barclaycard. Double click on the pictures to enlarge them. This will give you an idea of what they are palying at.
OH dear, DEFENCE received from Barclaycard today! they have come up with 14 points, I am not a legal mind but it seems to tie everyone up in knots.
Has anyone else had this 14 point defence and how did you tackle it!
Thanks
DS
Have a lok at this link . all the papers are there from barclaycard. Double click on the pictures to enlarge them. This will give you an idea of what they are palying at.
Ok I received the court date for 30th April at 2:30pm
District Judge Steel has considered the statements in this case and the allocation questionares filed and the claim has been allocated to small claims track.
He has ordered that:-
1. The Claimant do by by 4pm on 23rd February 2007 clarify the claim by filing in court and serving the Defendant the following information:-
a) In a schedule under the headings 'date' 'amount' and 'description' give details of each item in respect of which refund is sought. This must be the schedule that has already been supplied to both the courts and barclaycard.
b) Copies of statements or other document relied upon as showing that each and every charge has been made. I presume copies of bank statements.
c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalities or otherwise. Help please on this one!!
d) Copies of decided cases and other legal materials and other legal legal materials to be relied upon. Help on this one please!!
and if the Claimant fails to comply with this order the claim will stand struck out without a further order.
3. Subject to the Claimant complying with paragraph 2, the defendant do by 4pm on 23rd March 2007 clarify the defence by filing in court and serving on the defendant ( I think the courts have made a phopar should be the claimant, should I bring this to the courts attention) the following information.
a)pursuant to what contractual provision each charge identified in paragraph 2 was made. What does this mean!!
b)whether such charge is accepted to be a penalty and if not why not.
c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such actions (whether or not such action is treated as a breach of contract between the parties)all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealingwith the matter was.
e)if such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be aduced at trial to show that the charge was fair and reasonable.
f) the statements of any witnesses whose evidence is to be relied upon at the hearing.
g)copies of any decided cases and other legal materials to be relied upon
and if the defendant fails to comply with this order the defence will stand struck out without further order and judgement be entered for the claimant for the sum claimed.
4.Any party affected by this order may apply to have it set aside, varied or stayed provided such application is made to the court in writing no more than seven days after the date on which this order was served on that party. Do I need to anything here!!
5. The court is of the view that this matter ought to be settled by sensible negotiation or mediation and will take into account that the failure of either party to follow such a course when dealing with the question of costs. Is this normal!!
How does this fair with other courts and has the Judge covered everything!
Your help in this matter would be as usual very much appreciated.
In any event I will call Barclaycard in about 7/10 days time as I have read on other threads that this is the suggestion to ask them to a settlement to avoid costs and the valuable court time.
DS
3: Think you are right phone court manager and ask for clarification.
3a: Which bit of their contract allows them to charge you these penalties.
4: no
5: No I dont think this is from reading other threads. IMHO I suggest a letter to Barclays giving them a further chance to settle before court would look good.
Thanks Bicester for that, I have ticked your scales as this is very helpfull & usefull to me. I will take time to read through this and hopefully I will have a better understanding of the next phase of these proceedings. I will then phone the court clerk and ask them about point (3)!
I read up on so much for the earlier stages but have not yet fully prepared myself for this stage of the claim or indeed the Courts Order of their own initiative received yesterday just scared the hell out of me.
DS
If you get stuck just post. This is a mutual aid society!!!
Bicester1
MBNA WON £623
GM Card Won £580
Nat West CC Won £525.08
Nat West Bank Won £2346.60
Lloyds PPI LBA
Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal
HBOS about to issue N1
LLoys Bank LBA
I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!
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Originally Posted by Bicester1
