Pearson vs Barcalycard (Stayed [again!])

[thepearce]

What a nightmare! I filed my claim at the end of April!

 

I claimed online and incorrectly calculated how long to give BC to file a defence (I had a few days where I could've asked for a judgement). BC filed a defence (late). I waited, and waited for this defence to reach me but my mind was also on other things at the time. I kept checking the online status and it remained the same. Eventually after over a month (maybe two) I called MCO to find out what was going on.

 

The case had been stayed. I suspected this was due to Barclays trying it on and pointed out the bank charges case did not have any bearing. Next I'm told the defence must have been lost in the post & I'd have to wait for the court to get Barclays' defence as they didn't have it on file. Some days later I was told that actually Northampton had never sent me the defence in the first place, and as I had not replied to the defence (!?) a stay had automatically been put on the case.

 

Around August 24th the case was sent (electronically) to Halifax CC. I contacted the court as I'd accepted a job offer (12 months contract in Melbourne, Australia) and was eager to get things moving again. I was told to fax in, which I did, but I later found that they do nothing until receiving the paperwork (hard copy) some weeks later. They received this on 12 /14 September and I've been waiting patiently since (post strikes etc.). They quote a 10 working day lead time but are apparently short on judges.

 

Cue this evening when I see a letter from the court. Yipee..... but hang about - it's a bit lightweight. Opened it up to find......yep.... case stayed until Feb 29th 2008 pending decision in the commercial court.

 

I'm livid.

 

The Oz job is now looking like me heading out in mid-Jan which is a "bonus" but is this par for the course or exceptionally bad?

[slick132]

Hi TP,

 

Letter to court manager pointing out:-

 

1. Credit Card claim should never have been stayed in 1st place.

 

2. You are moving to Aus on whatever date and need to have case resolved before then.

 

3. You told court staff of this and they failed to advise you properly of what they needed from you.

 

This is not unusual and you may need to get case formally unStayed with Form N244.

 

Look here too - http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114308-objection-stay-credit-card.html

 

Slick

[thepearce]

Thanks slick - I plan on phoning the court, but from my own experience I don't expect it to be a fruitful call. My claim is for less than £300 so I might also see if Barclays want to settle in full and save the hassle.

 

I've read the link you posted as well as your post as well as a sample letter on MSE so I may end up faxing & posting that letter to the court if I get nowhere. It's just ludicrous.

 

I was told to fax a letter about the impending job in Australia, which I did immediately. When they requested a fax I stupidly assumed this migh indicate some sense of urgency; How wrong I was.

[slick132]

Try it all but, if all else fails, letter to court now will start a move in the right direction.

 

Slick

[thepearce]

Turns out I've had an offer from Barclays (still in the post), but there's a confidentiality clause.

 

Any advice on whether to :

a) accept it outright

b) accept the offer and decline the confidentiality clause (if possible)

c) be cheeky and offer a price for my silence (sure I've seen this mentioned somewhere)

[slick132]

Hi TP,

 

When you get it, if they offer a full refund of chgs + 8% s.69 int't + court fees, accept it but delete the conf'y clause and anything else you're not happy with.

 

Don't bother with option c) !

 

Make it clear also if you want pay't refunded back to a/c, or by cheque, or by credit to a Barclays bank a/c.

 

Sign and return acceptance ltr but ONLY discontinue Court case when you have cleared funds in your a/c.

 

Slick

[thepearce]

Result! I've just agreed by phone the following:

 

Payment in full (reclaimed charges + 8% interest [until filing date] + court costs) + 8% interest on the 170 days between today and when I filed my initial claim.

 

I can & will reject the confidentiality clause (by crossing it out & initialling it).

 

I'll issue the court with a notice, but only once I have the cleared funds in my account. (payment by BACS transfer).

 

Spoke to Kate in Barclays Lit. & she was very nice & helpful.

 

To be honest I've almost ended up more infuriated with the courts than BC.

 

Thanks for all your help slick.

[slick132]

Yep, Kate's a sweetie.

 

Congratulations on a great result - well done.

 

Slick

[TECHSPEC]

Ive emailed Kate but no response.

 

Might give her a ring tomorrow.

[bluewillow07]

I feel sorry for Kate now, poor woman will have no peace. (Ha-Ha)

 

Well done on your win.

[TECHSPEC]

I think she has had enough.

 

For 2 days running now, all i have got is the answerphone.

 

Maybe Barclycard have had enough of her, and have stuck her in a vault, so she can't give any more money away.

[TECHSPEC]

Spoke to Barclaycard and a letter is in the post with an offer.

 

Didn't say what the offer was though.

[bluewillow07]

Patience, all will become clear soon.

[TECHSPEC]

Received all money today.

 

I would recommend the Barclays litigation team to anyone stuck with their case. They have obviously decided to clear some of their workload by paying up.

[slick132]

Techy,

 

They won't help out unless it suits them to do so. It is nice, though, that some of them are pleasant to d/w.

 

V pleased for you, Slick