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About HattieTheFirst

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  1. Hi I think I will start putting some documentation together, just in case it is required. Let's hope the local judge is in the festive spirit of things! I guess I will have to wait and see. Thanks Hattie
  2. Hi Just got a letter back from the court re the letter sent re FSA waiver/business accounts (post 18) and guess what(!) It is ordered that:- 1) The claimant's letter stands as an application for leave to lift the stay 2) No fee payable 3) Transfer to local court 4) Filing of an allocation of transfer be dispensed with unless District Judge at court orders otherwise. How good is that?! I'm guessing the next step will be contact by Barclays or a court hearing date. Thank you for help - will get you up-to-date with progress Hattie
  3. HI Just to say I am still in negotiation with Barclays (BC) - the litigation department said that they do not have all of my statements and am unable to get them from BC(!) but if I supply them they will pay all of the charges back. They even said themselves that it is ridiculous that they are having to ask the customer for them rather than BC - VERY ridiculous I would say - however, if it gets the right result I'm happy to do some photocopying and get the copy statements off to Barclays Litigation Dept. Thanks for your help. I'll let you know the final outcome. Hattie
  4. I faxed the adapted letter off to Barclaycard refusing their full and final settlement this morning. I had a phone call from Barclays Litigation Department (was not convenient to talk) so they are calling me back at 12.00 today!! I wonder if it is a better offer. Part of the fees in question are cheque handling fees e.g. withdrawing cash from a credit card - are they likely to throw that at me? Hattie
  5. Hi Yes this case has been Stayed - I will send the letter re credit card claim stays to the court and come back with the outcome. Thanks. Hattie
  6. Hi I received a letter from Barclaycard shortly after I received the Allocation Questionnaire from the court (i had not sent it back off) - they have offered me 428.07 out of my original claim of 1049.42 (including interest both amounts). The day after I received a letter from Barclaycard re my mastercard charges (different claim) saying that that particular claim has been stayed - amount of claim 1714.48 including interest. Should I refuse the payment (have until 5th Dec to decide) and wait the course? What grounds can I apply for the stay to be lifted re the second BC claim? Thank you for any help Hattie
  7. Thank you for your quick response - I'll get that posted off tomorrow and let you know the outcome. Hattie
  8. Hi I have two claims going through with Barclaycard for unfair charges. The stage that I am at (with both) is that I have sent all the normal letters and started a claim with MCOL. A defence has been filed by Barclaycard in both cases. I have now received an Allocation Questionnaire from the court but want to get this exactly right before I send it off. These are the questions asked:- A Settlement Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution? Yes/No B Location of hearing The hearing will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? (My local court - so O.K.) C Track Do you agree that the small claims track is the most suitable track for this claim? If No, please say why D Witnesses So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing (none) E Experts Do you want permission to use an expert's report at the hearing yes/no If yes, what will the expert's evidence deal with? Have you already obtained an expert's report? (No) In addition to using an expert's report do you want your expert to attend the hearing and give evidence yes/no If yes, give the reasons why you think their attendance is necessary The court may order the appointment of a single expert who can be instructed by both parties. If this would not be appropriate, please say why Hearing Just asking what dates you are not able to attend in next four months G Other Information In the space below set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party Any help/comments would be appreciated Thank you Hattie
  9. Hi I sent a letter back to the court (as post 15) and this is the response that I got back:- .......Further to consideration of your request, the District Judge has indicated that all unfair penalty charge claims - made against any of the eight banks currently subject to Office of Fair Trading Case Directions Order (14th August 2007) - including personal and business current accounts must remain stayed until such time as a High Court ruling has been made. As a Circuit Judge, Mr X, is unfortunately unable to make separate rulings based on individual points of law, apart from the High Court Judges' Final Decision. However, I apologise for any concern caused and would like to reiterate my colleague's previous advice. If you provide reasons why the stay should be lifted apart from the issue of the charges in relation to a Business current account, I will be pleased to lift the stay on your behalf and process the case for transfer to your local County Court........ Any comments/suggestions? Thanks Hattie
  10. Hi What it the procedure if Barclaycard credit my credit card account with the goodwill offer that I refused? I'm continuing with my online claim and will leave the goodwill amount sitting on the account. Are there any other steps one should take here? Hattie
  11. Hi I have received a reply from Money Claim Online re the last letter I sent them (I used the template you sent me re business accounts above) Their reply is..............If you wish to apply to lift the stay in order for the claim to proceed, you may apply to do so but you must give valid reasons for the request. The fact that you state this is a business account is not sufficient as the stay relates to both personal and business current accounts.................. Any suggestions? Thanks Hattie
  12. Thank you very much for doing this. I will get on to it straight away and let you the outcome. Hattie.
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