Barclaycard defending my fee/PPI claim in court

[parkerusm]

Does anyone have any experiences of going to court to reclaim credit card fees/PPI?

 

I have claimed £1020 from Barclaycard via Moneyclaim Online (MCOL) on behalf of my Dad.

They have said they will defend using Simmons & Simmons solicitors.

 

I have a good case for mis-selling of PPI (self-employed, pre-existing medical condition) and have decided to reclaim the fees as well.

 

Identical claims from Sainsbury's and Abbey have resulted in full repayment with interest after I rejected a partial offer. No hassle really.

 

Barclaycard are proving more difficult however,

they sent two letters saying it was being dealt with and that they would reply by a certain date.

 

They missed both their self-imposed deadlines, the last being Dec 4th '09.

 

Any help, advice or anecdotal evidence would be much appreciated.

Thanks

 

PS If there is a better thread to post this on please let me know.

[banker_rhymes_with]

Hello parkerusm!

 

Welcome to CAG!

 

Barclays tend to take a harder stance than other bankers, not because they have any advantages, it's just their chosen way of doing things.

 

Don't be put off, but just take extra care to ensure you tackle them carefully.

 

Alanalana is a good man to get on board, but he's usually over on the PPI Forum, so it might be a good idea to pop over there, see what is going on, and make contact with him if you can.

 

He's on the Site Team, so may decide this Thread should be moved over to the PPI Forum to get better help.

 

Please shout if you need more help.

 

Cheers,

BRW

[parkerusm]

Thanks a lot, will have a look.

[dx100uk]

they'll cave in just before the hearing

 

dx

[slick132]

Hi Parkerusm.

 

I think this thread should stay here just now so we can deal with the penalty fees reclaim issue. Start a new thread in the PPI forum for help with that aspect of your claim.

 

Is there any reason BC didn't repay the fees voluntarily. What interest are you claiming from BC.

 

Did you use our Site's POC on your claim. If not, please confirm the exact POC as stated on your claim.

 

[parkerusm]

Hi, sorry for delayed reply and thanks for you help.

They have never actually offered me anything, not even a partial repayment or a final response. I have had two letters stating that my complaint would be dealt with by a certain date, the final one being Dec 4th 09. This acknowledged the delay in replying had exceeded the industry standard and said I could go to the Ombudsman if I wished. I have written twice since with no response so have submiited a county court claim via MCOL.

Some confusion may have been caused by the fact that I am pursuing another claim against Barclaycard at the same time on a card that was originally with Monument. I have had a partial refund on this (difference between £25 and £12 fees) but been refused any refund on the Payment Break Plan. This is now with the Ombudsman, but I'm not impressed with them so went straight to court with the other one.

[parkerusm]

PS...

Dx100uk, I hope you are right, but do you knoiw of anyone who has had to go all the way and argue their case in court?

[slick132]

So, on your POC's, do you seek repayment of PPI and charges or just charges.

 

Many have taken BC to court for charges (including compound interest) and won.

 

[parkerusm]

I am claiming both in one go. More confident about winning PPI claim as my dad was sold it over the phone and is excluded by being self-employed and having a pre-exisitng medical condition, so I don't see how we can lose that one. Wasn't sure about the charges though.

When you say 'taken BC to court' do you mean actually appeared in front of a court and argued the case, or that they won by default as BC were unwilling to defend?

Thanks again.

[slick132]

Hi Parkerusm,

 

If you issue a court claim, you must be prepared to prepare and submit all documents and evidence required to prove your case.

 

It is usual for BC to back down and negotiate settlement before a court hearing but you cannot rely on this. If they suspect you are unwilling to go into court, they will take advantage of this in negotiations and beat down the settlement figure.

 

Going into court is not as daunting as many might expect. It is normally dealt with in informal rooms and not a courtroom. The judge will be dressed normally - no wigs or gowns in sight.

 

Good preparation is the key. It is not enough to simply send in court papers and evidence. You must have a reasonable understanding of what you are doing and why.

 

You may have to actually appear in court on the day for either a Directions Hearing or a final hearing. But the judge will acknowledge that you appear as a Litigant in Person and make some allowances for that. You won't have to imitate Rumpole of the Bailey but you may have to answer some questions and stand up for yourself against the bank's legal rep.

 

Can you post up a copy of your POC's, hiding any personal data first.

[parkerusm]

Sent to Barclaycard on Jan 27th 2010,

 

Barclaycard

Customer Relations Department

Barclaycard House

PO Box 5592

Northampton

NN4 1ZY

 

Dear Sir or Madam,

 

Account number: 4929XXXXXXXXXXX

Complaint Ref: XXXXXXX

 

I refer to PPI insurance and fees applied to my account, which I have requested you pay back with interest of 8%.

 

I last wrote to you regarding this account on 6th November 2009, repeating the original request for a payment in settlement of my claim. As I did not hear from you, I have taken action to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

 

I submitted my claim through the Moneyclaim website and you have indicated an intention to defend against the claim. I am very confident that a court will find in my favour for the following reasons:

 

• I am self-employed
• I have a pre-existing medical condition (prostate cancer since 1997)
• Your fees are inflated and illegal and cannot be justified in court
• You have not provided a satisfactory response within the timescale set by yourselves. You last wrote to me on 20th November 2009, apologising for not having dealt with the matter. You stated that you expected to provide a full response by 3rd December 2009. Almost 8 weeks later I have heard nothing, which is completely unacceptable.

 

This insurance should never have been sold to me in the first place, and your fees are far higher than the admin tasks they are purported to pay for. I am completely confident that a court will find in my favour. I have made an identical claim against Abbey and have received a full refund of premiums with 8% interest as requested. This was without the need for court action. Obviously I will not accept anything less than the same from Barclaycard.

 

I will cancel the court action if the PPI premiums and the various fees are refunded to my account with 8% interest from the day they were applied, as well as the £70 fee I have had to pay to begin the County Court action. If not I will continue and fully expect to win.

 

Yours faithfully,

 

Received a letter today from Simmons & Simmons solicitors acting on behalf of barclaycard, they had written to me before indicating that would defend the claim

 

Seems the poster above was correct about them caving in, as they have agreed to repay the full ammount of my Dad's claim! Great news and thanks for the advice.

 

"We refer to your claim filed in the Northampton County Court .... as you are aware from our defence we consider your claim to be inaedquately pleaded and that it cannot succeed.

 

However despite our assessemnt of your prospects of success, our client is mindful of the fact that this is a very small amount compared to the costs of pursuing the matter to trial. For that reason only the client is prepared to offer you £1122.60 which is the full amount claimed by you....."

 

My dad is delighted obviously, thanks guys.

[dx100uk]

 

dx

[slick132]

Hi Parkerusm,

 

This is great news. Congratulations !!

 

Is the refund being made to you direct, or being used to reduce the a/c balance.