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Everything posted by roydosan

  1. The LBA should be sent 14 days after the prelim letter. Don't bother sending a hastener - they'll just ignore it.
  2. They will take it to the wire. The whole point is to make you lose your nerve and abandon the case. Don't give up! Just stick to your guns and make sure you prepare everything for the court hearing. I doubt very much whether they will actually turn up in court but they may settle at the last minute or fail to turn up in court - in which case you win by default - although (and correct me if I'm mistaken) you will still have to turn up at court.
  3. Ok sent the preliminary request for repayment today.
  4. Take them to court once the 14 days are up. They are trying to fob you off. Don't settle for anything less than what you have asked for.
  5. I think they are included except when the last day falls on a weekend. I that is the case then they have until the next working day to file a defence. For example, if the last day was on a Sunday then that would mean the last day would transfer to the Monday meaning you could begin judgement on the Tuesday. Remember though - if they have acknowledged this entitles them to the full 28 days not 14.
  6. If my claim is for just under £5000 and the court costs take it over £5000 does that mean it will no longer be eligible for the small claims track?
  7. Yes but that was only 100 words long (it was done online). Section G on the AQ asks for any further information. I just want to know whether I attach a more detailed particulars of claim with it or what do I put in this bit? The FAQs are not clear on this.
  8. It's for credit card fees. I raised a court claim through MCOL. CC company have filed a defence and the court has sent me the AQ to complete.
  9. Is a 'Particulars of Claim' attached with the Allocation Questionnaire or is it something you send later? What documents, if any, should I send with the Allocation Questionnaire?
  10. If that's the case then how can you argue about a contractual rate and the principle of reciprocity and mutuality? If you are going to argue about a contractual rate it should reflect the contractual rate in force and that means it will vary over time.
  11. not if it falls on a weekend so you will have to wait till the 30th. They will probably file a defence on the last day though....
  12. I worked out the rate over the complete time period using my spreadsheet which varies the interest rate accordingly. If you are going to argue in court about the principle of mutuality and reciprocity then it only seems fair that you charge the same rate that they would charge you. This would entail varying the rate accordingly. It may be slightly more complicated but that is not much of an excuse for explaining why you got it wrong in court. Regarding the cash advance rate - I have gone through all my statements and it is exactly the same as the normal interest rate. If you end up in court be sure you can explain how you arrived at these figures or they may be able to get your claim struck out on the basis they can prove it is inaccurate.
  13. Be careful about the cash advance rate - for my MBNA card it is exactly the same as the normal rate.
  14. Are you trying to claim back beyond six years?
  15. Received the Allocation Questionnaire today with a copy of Barclaycard's defence statement. In Section G do I include further details about the claim or do I attach a separate "Particulars of Claim" with the AQ, along with my spreadsheet, etc. Sorry if this is a basic question but the FAQs are not clear on this and I want to get it right before I send it off.
  16. Defence duly filed by Barclaycard today. Just waiting for the court date now....
  17. Pay them more than the outstanding balance so that you go into credit on the account. You can then ask them to send you a cheque to refund you the amount.
  18. £3 per statement not £3 per page
  19. yes but the letter won't work as Barclaycard won't give in over this. Better to pay for the statements and then claim the money back when it goes to court.
  20. Barclaycard have now acknowledged the claim. Does that mean they now have another 14 days or what happens now?
  21. Ok 4 October today and still nothing has happened - no paperwork from the court and the MCOL website states that the claim was issued on 21/09/06 and the judgment reads "Start" - does anyone know what this means?
  22. As previously advised, when your Barclaycard account was opened, you signed and aggreed to our Terms and Conditions and this included details of our charges. The information provided at application stage clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to our Terms and Conditions we provide details of these to our customers. Ok, so they are stating that they carried out a premeditated illegal act. Don't see how they can expect you to acquiesce in it since it is based upon their probable deception that these charges are illegal....
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