Reddannio vs B.Card **WON**

[reddannio]

Hi Slick,

 

I dont believe i sent Draft DIrections and cant recall sending an allocation questionaire. Im presuming Stay has been lifted hence why ive received notice of Hearing.

 

Might give chappy at BC a call tomorrow.

 

cheers

[slick132]

In which case, ask the court about AQ too - they would normally send it for you to complete when BC filed their defence. Because case was wrongly Stayed, this didn't happen.

 

Ask court to d/w AQ now to save waiting till Directions Hearing.

[reddannio]

Guy from B.Card has just been in touch. He is saying that my first 3 chrages fall outside the 6 year time frame based on the date my claim was issued (to court) although they were within the 6 years when i wrote my initial letter in September last year. Can anyone clarify that please.

 

 

Also, in regards to my Contractual interest he said that the figure is incorreect as there were 2 months where i had a zero balance so the CI amount would be small !?? I thought i had just calculated the Contractual interest on the charges not taking into account the balance at the time.

 

 

 

Red

[slick132]

Hi Red,

 

As regards the amounts that fall o/s the 6 years at the time you filed, here's the simple version (courtesy of FredFunk - see his thread too).

 

" As I am sure you are aware, the Statute of Limitations is not applicable in situations, such as this one, in which an unlawful act was deliberately concealed . "

For the techy version, see s.32 here - Limitation Act 1980 (-), [email protected], David Swarbrick, Solicitor, Wrigley Claydon

 

The advanced spreaddy that I know of needs you to input the monthly balance figs to get the CI amounts. However, if the BC guy wants to criticise the CI you're claiming, ask him for his alternative figures so you may consider his opinion.

 

Tell him you need this in writing, of course. It's too complicated to agree without giving the matter due consideration.

[reddannio]

Surely the fact that they were within 6 years when i wrote my initial letter back in September last year is enough. Otherwise any charges between first contact/LBA and the time when the claim is issued through the courts could become irretrievable depending on how much time passes.

 

The spreadsheet i used didnt require a balance to be entered so i am really confused now, thought it was just the same as calculating the statutory interest but changing the figure from 8% to 28%.

[slick132]

Hi Red,

 

Technically speaking, your claim should include charges going back 6 years from the date you file at court. In practice, BC will settle amounts that fall o/s this by a few months anyway.

 

You can argue for repay't of the earlier chgs on the basis of s.32 Limitations Act 1980 although I think you would have had to include this in your POC for it to be argued in court. As you are trying to settle BEFORE court, this should not be a problem.

 

Please confirm the exact spready you used for your SOC. Please also send me a copy of it to the email I'll send to you by PM.

[slick132]

Hi Red,

 

Steven4064 has been through your SOC and says its fine apart from a minor transposition error. I'll pass on the relevant spready so you can redo the SOC and go back to BC.

[reddannio]

Thanks again Slick

[slick132]

Hi Red,

 

First off, have a read here - http://www.consumeractiongroup.co.uk/forum/other-institutions/94052-steven4064-goldfish.html#post1336493 and at post #22 on Steven's thread for guidance.

 

I suggest you reply to BC's latest arguments as follows:-

 

I will include the 3 earliest charges in my claim if it goes to court. Section 32 of the Limitations Act 1980 applies because the chgs made were Penalty Charges according to BC own T&C's.

BC may claim the chgs were for a service or were a genuine pre-estimate of their actual costs. I believe, however, that BC knew the chgs were unlawful and deliberately concealed the NATURE of the chgs.

I stand by my (slightly amended) calculations for Contractual Interest which is claimed on the basis of restitution, that is, to put me back in the position I would have been in if BC had not taken my money unlawfully and then lent it to others, charging interest at the Contactual Rate.

This is, of course, the argument used successfully in the Sempra case.

I trust you can now agree my revised SOC, a copy of which has been filed at court.

I include herewith a summary of my SOC, Court Fees and a note of more recent charges which I hope you will agree to repay to avoid us both the expense and trouble of further litigation.

Yours etc, Red

Amend or adapt if you want but this has been done with Steven's input behaind the scenes.

[reddannio]

Hi,

 

Please can a moderator change the status of this thread to **WON**. I have reached acceptable settlement with B.Card and received payment.

 

:grin:

 

Cheers

 

Red

[MR2Phil]

Whoooooo-hoooooooo!! Congrats!!!

 

Any more to go after?! I'm still waiting for statements from BC but Egg's should be here any day now!

[slick132]

Hi Red,

 

Congratulations on your win. Fantastic news and I'll get your title changed.

 

Well done and very pleased for your result.

[elsinore]

Congratulations, red!

 

Thread title changed

 

Els

[reddannio]

Thanks guys. Huge thanks to Slick for the masses of advice & information.

 

For anyone still trying to get their money back from B.Card, keep going, youll get what you want in the end.

 

Red:D

[slick132]

Hi Red,

 

You're very welcome.

 

Please make a site donation if you can, to help others on the same path.

 

PM sent also:D