Boba Fett
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Posts posted by Boba Fett
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Well I have just spoken to PQ, I nearly fell off my chair when he answered today as he has not on previous attempts.
His best advice was to get a delay to the court date because it's tight to my return from holidays, which I would guess he would suggest because it means less work for him & a delayed outcome for me, not keen on that idea.
OR I contact towards the end of July & hammer the court or settle idea......hmmmm I know which works for me.
Andrew
Cheeky bugger! Stick to your court date, and make sure you are prepared before you go away.
He will settle before so tough that it's more work for him... he could just PAY YOU - that's less work!
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Thanks Micky, you are right having the decree helped, but at the same time, knowing that they were not heading off to defend the charges gave Barclays a strong position to contest the CI...
Anyways, I am glad to just have the charges back, and that would always have been enough, but I guess I wanted Barclays to pay some kind of compensation for their down right ignorance of ignoring all my letters and for dragging everyone through the mill for up to 6 months!!!
Good luck to everyone else!
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A donation on it's way...
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Excellent! Well done, you got a pretty good result out of that.
Title changed.
Thanks again for your advice which enabled me to negotiate with more understanding of what I would have been likely to acheive in court.
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Horay for Dino!!! He accepted my final offer based on the "Authorised Overdraft" rate of 15.6%!!!
Will fax the offer back, with the "HUSH" terms crossed out!
So more encouragement to the speed & professionalism of the Barclays Lit Team aka Dino!
Mod / SH ---> Please change title to ***WON***
THANKS
:D :D -
Ahhhhhhh... the waiting is killing me!!!
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It Is Really Hard To Type With A Capital Letter At The Start Of Each Word... How Do You Manage It.
BTW - You're doing great - good luck!
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Firstly - Relax!
Secondly search on here for "Charges beyond 6 Years" you will notice that many people have successfully reclaimed further back than 6 years under the argument that the limitations act does not apply, becuase the Bank deceived you into thinking the charges were lawful when in fact they are not.
If you look in the FAQ's in RED on the Forum homepage, you will see the arguments for going back further than 6 years, and you should get all these back!
Good luck!
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No response yet!!!
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And so my last ditch attemp at reaching an agreement...
Dino,
You believe that 8% is fair, however the rate that you would charge me for Unauthorised borrowing is 27.5%, which is the rate on my last spreadsheet.
My account was typically in the overdraft throughout the duration it was open, and I can show statements to this effect. This means that had the charges not been taken from my account, you would not have been earning interest at your Authorised Overdraft rate of 15.6% EAR / 1.22% per month for a standard current account.
As such, a fair compromise for a settlement figure, at 1.22% comes to £1,597.08. (Including court fees - revised schedule attached)
Please advise if you agree and we can end this discussion. (This offer is based on settlement received within 7 days.)
Kind regards,
Boba
Funny how I seem to be doing all the negotiating!!! I thought it was a 2-way thing!
Hi Dino ;-) -
And so Dino's reply...
Boba
The schedule provided in your email still looks like contractual interest. If you go on the :o Consumer Action Group Website
, I understand there’s a template showing how to calculate interest at the statutory interest of 8%. It shouldn’t total more than £250 in your case. Kind Regards
Dino
Firstly, I'm a little insulted that he thinks I couldn't calculate the rate at 8%!!!
Secondly, he confirms that he's a regular reader - wonder what username he uses?!?
Thirdly, HI DINO!!!
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Thanks again for your comprehensive reply. Particuarly your reference to "Compound interest" at common law.
As such, I have re-opened negotiation with Dino by removing the compound element of my claim.
My e-mail below:-
Dino,
I have spent the weekend reviewing my files and the evidence that I have accrued, and it has been brought to my attention that common law has no power to award "compound interest" unless a fidicuary relationship is established. I have no intention of following that route, and hence withdraw the compound element of my claim. As such, I have ammended my claim to represent simple interest.
I am still keen to come to an agreement outside court, as it seems an unecessary waste of resources to attend. Therefore, I have attached the ammended schedule for you to review, and propose that you consider the revised figure of £1,898.06.
I look forward to your response,
Kind regards
Boba Fett
Member of ConsumerActionGroup
I think that this little snippet of information regarding compound interest should be made more clear to new claimants.
It seems to me, the best thing the banks can do, is not enter a defence, then when a hearing is held PURELY to determine the costs to be awarded the compound element will be thrown out.
This means that the issue of charges will not be brought before a judge, but the claimant has to justify his/her claims. And if you are correct, then this will only ever amount to Claim + 8% + Court Costs.
And I know for sure that the banks are happy to go along with this as they have made a lot more than 8% on my money while they had it!!! The banks are simply not being brought to bear in the injustice which they are commiting... and I await the day that a proper trial is heard!
>> RANT OVER
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Hi Gary,
Thank you for your informed reply. Certainly something to think about!
One question for you though, as a decree for assessment has already been awarded, there is no "case" to speak of.
I am purely requested to appear in front of the judge to explain how much I am claiming and why.
Barclays are not expected to defend this, but should they wish to attend, they have to notify myself & the court in writing.
As such, surely any costs that they incur are at their own liability and not mine. The hearing would have happened even without their appearance.
If what you say is true regarding the precident that has been set, then I would only be awarded stat int @ 8%. Which would put me no more worse off than the current offer.
For this hearing would I still be expected to explain WHY I am reclaiming the charges (standard bundle) or should I be more specific to how I came to the totals that I have?
If the general census amongst all the admin is to drop the cause for Contractual Interest, then I will do so.
Thanks again,
boba
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i was also planning on claiming the additions charges as well on a seperate schedule. I saw something similar on CAG but cant find it, anyone know where it is?
You can't claim the additions charges unless you were misold the service. As this is a fee for a service, not a penalty charge.
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Congratulations!!!!!!!!
:-D Enjoy
ZOOT...
Sorry to hijack a thread, but your comments / advise would be welcomed...
Thanks
Boba
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Ooohhh... just had a somewhat short email back from Dino, who has until now been very accomodating.
I guess it is a lesson not to forget who we are dealing with... Barclays Bank!
So anyone who has won contractual interest either in or out of court willing to provide me their details? If so, please PM me and we can talk further.
THANK YOU IN ADVANCE!
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LOL free trip to Blighty, is it raining?)
errrr... have you not seen the news... half of the North of England is now technically a lake!
But, I am over in Northern Ireland, so thankfully I don't need new carpets!
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Good luck with your claim, and you are welcome to my letter templates if you wish! You may decide not to claim for the "Unauthorised Overdraft" rate depending on the outcome of my claim, but I am going to see it through either way.
Be carefull also, as you will need to make an MCOL application using the UK system, and will need a UK address to do so. Also be prepared to catch a flight over if you need to!
Good luck, I will follow your thread with interest (pardon the pun!)
Boba
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So Barclays are sending a legal bod from Fountain Court Fountain Court - Practice Areas - Banking & Finance to defend my claim for charges + Unauthorised Int + Court Fees.
I imagine the cost to Barclays for this service far exceeds the refund I had requested, which seems a very odd finacial decision to make.
Also, Barclays have to write to me & the court that they intend to attend the hearing - so that should be interesting to see if they do so.
Also, as a decreee has already been awarded pending assessment, I will walk away with a minimum of my claim + 8% + Court Costs...
Just means I have to wait a while...
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Final response from Dino just received:-
Boba
I’ve heard all those arguments before; as always they will fail in court. We’ll see you at the hearing.
Yours Sincerely
Dino Papaevripides
:eek: :eek: Did I pi$$ him off?
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My response to the last e-mail from Dino...
Dino,I understand that you must be very busy, and hope to not take up too much more of your time.
Mr Cank's case as highlighted was poorly presented and was founded on no legal principle. I however refer directly to the UTCCR where it states that there must be Fairness & balance in a contract. If I took money unlawfully from Barclays (unauthorised borrowing) according to your terms and conditions the unauthorised amount is subject to your contractual rate of 27.5%.
The secondary part of my argument is based on the fact that the defendant made a profit from the monies unlawfully taken (unjust enrichment) to the equivalent of 27.5%; as the money taken from the claimant may well have been lent to other Barclays customers who are using unauthorised borrowing, and therefore earn Barclays a rate of 27.5% on that money.
I stand by my claim for contractual interest, and intend to be fully prepared at court. I also strongly believe that the court will agree with my stance on this claim, and I have several accounts of people (courtesy of Consumer Action Group) which I intend to present as evidence.
As you state you are willing to negotiate, I propose a reduced full and final payment of this claim of £2000 + court fee of £62. This is my final proposal in the hope settling out of court, ans is open for 7 days.
If you agree, then upon receipt of £2062 into account no xxxxxxxx, I close the claim as settled.
I hope this offer is satisfactory, as this is my final offer.
Kind regards
Boba Fett
Member of ConsumerActionGroup
Any comment at this stage...
Thanks
Boba
BANKFODDER - YOUR COMMENTS WELCOME AT THIS POINT
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OK, so e-mail back from Dino as below:-
Boba
Thanks for your email, I have been in meetings all day so I apologise for not responding sooner.
My stance on this issue hasn't changed - contractual interest has never been awarded in court and we have never lost on it at court. If you can find me one case where a bank charges litigant has been awarded contractual interest at court then I will happily re-consider my offer.
If you choose not to accept my offer to pay back all your charges, as well as any accrued statutory interest and court costs, then we will have a barrister from Fountain Court representing us at the hearing. I draw your attention to paragraphs 23 and 24 of the Cank v Halifax judgment and also the summary of the Haliday case. I do appreciate the time you take to respond to my emails so I am open to negotiation on this matter.
Kind Regards
Dino Papaevripides
He attached a case summary of Cank vs Halifax, where the contractual interest was not awarded, however this was a badly presented case, which was based on reciprocity, which has no legal founding.
As I have already been awarded the "Decree for Assessment" I have in effect won my full claim at 8% plus all me fees, so I would be interested to go to court anyway to see how the legal argument is received, however I have made one final counter-offer in the interests of settling outside court.
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WELL DONE - WOOP WOOP.
Dino is a good man... just waiting for my Barclays Savings Fund to Mature also!
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