Hi All.

Great Site, Keep up the fight!

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!!

Baz.

Hi Baz, well done and welcome to the Forum. Keep us posted.

I certainly will.

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!

They got back to you quick, let me know how you get on, I claiming against barclaycard also!

Hi,

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?

Cheers

Rich

hello, its best to start your own thread because the mods get really upset when you dont....lol

Hi Rich,

My letter went to:

Customer Services

PO Box 5592,

Nothampton

NN4 1ZY

I already had all my statements so that wasn't a problem for me. Advice for obtaining these is on this site.

Good luck,

Baz

I certainly will.

 

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.

Bookworm,

I have started a new thread for each of these claims.

Apologies for confusion!

Baz

Do you have an update for us?

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!

Good luck!

Wolfy

Update.

Filed court papers 28 days ago, which were acknowledged. Since then I have heard nothing.

There time is now up and I will be seeking Judgement from the court on Monday!

Might get a chance to send the bailiff in! Now that would be fun!!

Baz

Excellent news!

It would appear I spoke to soon!

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.

Baz

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!!

Good Luck..

No updates on here for a while, hows your claim going?

Hi all.

A quick update on my claim.

Today I received the Court Hearing date. This is 1st September 2006!

The courts must be so busy now!

Baz

I really thought theyd of offered you the full amount by now!! Im suprised there going to court over your claim :S

Hi all,

Just a quick update. I have just spoken to Keith Jeremiah to confirm that he received the following email that I sent to him:-

Without Prejudice.

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 can't wait!

Baz

Update: 20.07.06

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.

Baz

You are right that they should not take action while indispute. This thread may be useful to you.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/5079-data-protection-act-1998-a.html?highlight=dispute

Hi Caro,

thanks for your response.

I have drafted a letter to Barclaycard and would welcome any suggestions prior to me sending it.

Thanks,

Baz

Barclays Bank PLC

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

E14 5HP

Your Ref: KJ/LIT – *****

My Ref: BBBW

22nd July 2006

Dear Mr Jeramiah,

Thank you for your letter dated 18th July 2006.

I note with some concern that you state that my Barclaycard account has been closed and is now a ‘dormant’ account. I had not been informed of this and I am very distressed by this statement.

Am I to understand that my account has been Defaulted? I must point out that, if it turns out I have been Defaulted on this account, it will become a subject of further legal action against Barclaycard.

I attach a letter (Item 001) dated 6th July 2006 which suggests that this is not the case as it clearly makes me an offer to pay a certain sum to obtain a ‘concession’ to my account and this offer carries a closing date of 25th July 2006.

Due to uncertainty about the current position of my account I will now require a copy of any Default Notice to be forwarded to me forthwith, along with any other supporting details that you hold, and as such I have attached a copy (Item 002) of my ‘Subject Access Request’ and a cheque for the statutory fee of £10.00 for full disclosure of details you hold on your files about myself. The original has been sent under separate cover by Recorder Delivery to verify your receipt. I will also require a true, signed copy of the Agreement signed by myself when this account was opened.

If, as I suspect, I have been defaulted on this account I will be lodging compliants with the Banking Ombudsman, The Office of Fair Trading and the Data Protection Controller and will issue Court proceedings in order to recover damages and compensation for Defamation of Character and the Removal of the Default from my Personal Data File..

Furthermore, and not withstanding your letter stated above (Item 003) is headed ‘Without Prejudice save as to costs’, shall be submitting as evidence along with any subsequent correspondence from yourself that verifies, or even suggests, that my account has been Defaulted along with any other data that I obtain as a result of my ‘Subject Access Request’ to substantiate my claim for damages.

I have also attached (Item 004) a copy of a Notice pursuant to s.10 of The data Protection Act 1998, the original of which has been sent to you under separate cover by Recorded Delivery to verify your receipt.

It should be obvious from this letter, but I will state the obvious anyway just to avoid any possible mis-understanding. I reject your offer of £500.00 for full and final settlement of my claim against Barclaycard.

Yours Sincerely,

Hi Barry, cooments in blue...

Hi Caro,

 

thanks for your response.

I have drafted a letter to Barclaycard and would welcome any suggestions prior to me sending it.

 

Thanks,

Baz

 

 

Barclays Bank PLC

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

E14 5HP

 

Your Ref: KJ/LIT – *****

My Ref: BBBW

 

22nd July 2006

 

Dear Mr Jeramiah,

 

Thank you for your letter dated 18th July 2006.

 

I note with some concern that you state that my Barclaycard account has been closed and is now a ‘dormant’ account. I had not been informed of this and I am very distressed by this statement.

 

Am I to understand that my account has been Defaulted? I must point out that, if it turns out I have been Defaulted on this account, it will become a subject of further legal action against Barclaycard.

 

Don't you know for sure if your account has been defaulted? If not, get copies of your credit file from all the agencies and find out (you can do this online).

 

I attach a letter (Item 001) dated 6th July 2006 which suggests that this is not the case as it clearly makes me an offer to pay a certain sum to obtain a ‘concession’ to my account and this offer carries a closing date of 25th July 2006.

 

Due to uncertainty about the current position of my account I will now require a copy of any Default Notice to be forwarded to me forthwith, along with any other supporting details that you hold, and as such I have attached a copy (Item 002) of my ‘Subject Access Request’ and a cheque for the statutory fee of £10.00 for full disclosure of details you hold on your files about myself. The original has been sent under separate cover by Recorder Delivery to verify your receipt. I will also require a true, signed copy of the Agreement signed by myself when this account was opened.

 

A Default notice cannot be sent to a credit reference agency unless it's been properly served on you first. You seem to be suggesting that you've never received it. If this is the case, then you need to hunt about the forum for threads dealing with Defaults, which will give you strategies for dealing with it.

 

If, as I suspect, I have been defaulted on this account I will be lodging complaints with the Banking Ombudsman, The Office of Fair Trading and the Data Protection Controller and will issue Court proceedings in order to recover damages and compensation for Defamation of Character and the Removal of the Default from my Personal Data File..

 

All of this seems abit over the top considering you don't know for sure if you actually have been defaulted. It reads like you've stuck in the name of every banking body you can think of. Was the total amount of the default in dispute before the defaulted you? If so, then they have blatantly breached The Banking Code, and again, there are actions outlined elsewhere on the forum which can help you deal with it.

 

Furthermore, and not withstanding your letter stated above (Item 003) is headed ‘Without Prejudice save as to costs’, shall be submitting as evidence along with any subsequent correspondence from yourself that verifies, or even suggests, that my account has been Defaulted along with any other data that I obtain as a result of my ‘Subject Access Request’ to substantiate my claim for damages.

 

I have also attached (Item 004) a copy of a Notice pursuant to s.10 of The data Protection Act 1998, the original of which has been sent to you under separate cover by Recorded Delivery to verify your receipt.

 

It should be obvious from this letter, but I will state the obvious anyway just to avoid any possible mis-understanding. I reject your offer of £500.00 for full and final settlement of my claim against Barclaycard.

 

Yours Sincerely,

I think you can say everything you need to in this letter in about 20% of the words. I recommend that before you send it you do two things:

1. Check EXACTLY what the status of your credit history is. Only put FACTS into your letter.

2. Have a good look round the forum and find out what you can actually do about a default. In particular, check out The Banking Code (section 13.6, I think).

3. If they have defaulted you, get in touch with the court imediately and see about amending your claim to include its removal. this will mean that if they want to settle out of court they will have to remove it. Be careful about doing this if the amount of the default is for more than the charges you're claiming. YOU MUST DO THIS STRAIGHT AWAY, BEFORE THEY OFFER TO SETTLE IN FULL. If you wait until after they've offered settlement in full, they'll turn up in court and the judge will force you to settle, or throw your case out. THIS IS IMPORTANT.

4. Keep letters short, accurate and to the point. Avoid phrases like "I suspect", all it does is expose your lack of knowledge of the situation.

Good luck!

Thankyou Robertxc for your comments.

I have checked my Credit File with Experian and it is clear of Defaults, at the moment!

I did receive a Notice of Default from Mercers as stated in an earlier post but I am denying any knowledge of this as I am hoping that the threat of legal action in relation to this notice will be enough for them to settle in full. If they proceed with the default in the knowledge that the account is in litigation then I will have them banged to rights. My SAR should also reveal this Notice of Default which again puts them in an awkward position, i.e. they will have to provide this to me as part of my request. Surely they know that the action they are taking is contrary to the Banking Code?

Also, the s.10 I am sending should give them notice that I am requesting no further action on any 'alleged' pending Notice of Default. Again, if they continue they will be clearly seen to be acting illegally.

These are just thoughts and I do value your opinion. I don't wish to do anything that will jeopodise my position.

Baz

Hi Barry, just wondering how your claims doing?