CLfinance/Cohen Claimform - old Barclaycard debt - reclaim in process thats 3 times more than court claim **RESOLVED**

[lushni]

Hi Guy's, hope you can help. Just got my statements back from Barclaycard. Do I now send the same letter as I did when I started my other Barclay's claim with the bank not the card. Also can I claim interest on the charges in my first letter or do I need to wait until court action. Many thanks in advance, Lushni.

[moneyhelp]

Hi Lushni

 

Yes claim the same as you did for your bank account - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Add the interest when you file for court.

[lushni]

hi guy's got court papers from Northampton at start of month. I submitted AOS on the 4th of September, reading up on the good advice on CAG I send a request for information to solicitors for CL Finance (who now have the debt, from Barclaycard) also on the 4th. Still no response from them (have even called and asked, was told they would look into it). The amount is for just under £500 plus cost. For info last year I asked Barclaycard for just over a £1000 of charges back, they sent me a letter saying they would pay back the difference from £12, I did not send back a acceptence form but they took of about £370 from my balance. Can you please give advice on below.

 

1, What should my defence be and when should I submit

2, Can I still claim back rest of outstanding charges - this would pay outstanding balance

 

Guy's many thanks in advance, Lushni.

 

 

[slick132]

Hi Lushni,

 

You're entitled to a full refund of all your penalty charges suffered on the a/c, not just the difference in excess of the £12 limit.

 

What date must your defence be into court by.

 

Do you have all the a/c statements to work out exactly how much you've paid in penalties.

 

What, exactly, have you asked CL Finance for (post a copy of your letter to them).

 

I've replied on your thread in the BC forum (I've moved it to BC from the Barclays forum).

 

Please stick to one thread per topic so the info is just in one place,

 

Thanks

 

Moving this to the BC forum.

[lushni]

Hi Slick132,

Sorry it’s taken so long to get back to you (was laid up in hospital for six days) getting better now.

 

 

Not sure when defence is due in but I submitted Acknowledgment of service on the 4th of September, is it 28 days plus 5?

 

Yes I have all statements back from Barclay’s.

 

Copy of letter; REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclays.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

I. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

Many thanks for your time Slick132.

 

 

[slick132]

Hi Lush and glad to hear you're on the mend.

 

Please check your papers to see exactly when your Defence is due in. If there's a chance it is or will be late, contact the court office immediately to inform them of your illness/hospitalisation, apologise for the delay and confirm the Defence will be submitted within 7 days.

 

Did you send them a CCA request for your Credit Agreement. I'm not saying you should have done but need to know so you can defend against the claim.

[lushni]

HI Slick132,

 

I called Court today, defence needs to be in by Monday the 6th of October as I live in Northampton I can drop it off at the offices. I have not sent out a CCA as I thought the CPR would cover this (I really should stop thinking for myself). Once again many thanks.

[slick132]

May be an idea to ask if you can have the extra 7 days after hospital.

 

Help will be thin on the ground this w/e as there's a CAG Meet and I know lots of good peeps will be away.

 

Speak again to the court and, if nec'y, drop a letter in today.

 

We'll have to see what we can to for a defence based on the charges covering their claim, instead of No Credit Agreement.

 

To me it sounds simple, in that you'll counterclaim for the total of your charges plus s.69 interest.

 

But I'd like better brains to advise on this first.

[42man]

OK Lush.....a couple of questions...has anything been sent back in response to your CPR request ?....Have they split the claim ?

[lushni]

Hi 42man, not had any response ref CPR also called to chase this, not sure what you mean when you ask have they split the claim (sorry) many thanks in advance.

[42man]

There is one defence here... - http://www.consumeractiongroup.co.uk/forum/legal-issues/151236-bcw-group-court-claim-2.html

 

and this one too might help...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html?highlight=birkenhead

[42man]

I think the second one is more relative as the first mentions the CCA request....

[lushni]

Many Thanks 42man

[42man]

If you're not sure please SHOUT for help....

[lushni]

Hi guys looking for more help if possible, sent my defence in on time many thanks to slick and 42man, it’s been almost month and nothing has happened (which I think is good) what I am after is any advice on how to get the rest of my charges back from Barclaycard. When I first ask for charges back (just over £1000) they sent me a letter saying the would pay the difference from £12, I did not respond back to this letter however they took just over £350 pounds of my balance , I have tried to find this letter to no avail. Is there any thing I can do, if I can still get them back this would cover what they have taken me to court over. Again many thanks in advance Lushni.

[slick132]

You could print out an up to date copy of your SOC to see what they now owe you in penalty charges and interest. Make sure you add any recent chgs onto the SOC.

 

Send this to BC saying:-

 

Dear Sir or Madam,

 

I refer to my claim for a refund of penalty charges made to my a/c no xxxxxxx and to the Court Claim No. 1AB23456 which you have made against me.

 

I hereby reject your offer of a partial refund made in your letter of date. I therefore authorise you to remove the refund of £370 which you credited to my a/c on date.

 

It is clear that the refund as shown on my enclosed Schedule of Charges of £xxx.xx including s.69 interest exceeds the sum you are claiming from me.

 

It is therefore in the interests of both parties that we settle the matter quickly and without the need for the further involvement of the court.

 

If you would arrange for a refund of £xxx.xx to be credited to clear my a/c, and a cheque for the balance to be sent to me, the matter will be resolved.

If you do not do this, I will draw this letter to the attention of the court in any forthcoming proceedings with regard to costs in the matter.

 

I hope you are able to resolve this matter amicably and look forward to hearing from you shortly.

 

Yours Faithfully,

[lushni]

many thanks slick I will work on that tonight.

[slick132]

Hi Lush,

 

Can you confirm the address used by BC as shown on the claim against you.

 

They had a judgement Set-Aside recently because the address was an issue they used in their favour, claiming they never rec'd a CAGger's claim against them.

[lushni]

Hi slick on the claim form the claimant is CL Finance Limited and the address for sending documents and payments is Howard Cohen & Co Solicitor, PO Box 110, Cleckheaton, West Yorkshire, BD19 4XT.

[slick132]

Hi Lush,

 

Thanks for that - no help with the BC address issue then.

 

Address your letter to H Cohen then. No doubt, they'll fwd it to BC for instructions.

[blencathra]

With reference to the way Barclays repay charges from a barclaycard account. I sent them a rejection letter of their offer and i require the amount in cash NOT money from my account. After some more exchanges of opinions they decided to pay me with cash. They put the money direct into my bank account. Please note the information they are working on was the OFT report and that is not retrospective as Barclays are using to customers. They are picking you off one by one and only paying the difference. Stand up for your self and keep going. Dont forget the interest either I wish you all the best .. Dave

[lushni]

Cheers Dave thanks for info.

[lushni]

Hi guy’s I have just received an allocation questionnaire and a copy of the letter to solicitors that I have filed a defence. Not to sure on the questionnaire as it’s asking for other information and also a fee, shall I let the courts know that I have had no response from the CPR apart from my statements which I already had. Once again many thanks in advance, Lushni

[slick132]

Hi Lush,

 

What date does the AQ have to be in by.

 

Have you chased for a reply to the letter I gave you to send them. If not and you have time, send BC a copy of the ltr and give them final 7 days to reply, saying "If you fail to respond again, this will be drawn to the attention of the court with regard to costs.

 

Your claim should be discontinued forthwith and a refund of my charges should be made."

[lushni]

Hi Slick, it has to be back before the 8th of December, I only received it last Friday although it has a date of 20th of November on the letter (good old royal mail). Still not had a reply back from Barclays or Howard Cohen solicitors. I called Barclays who said they had not received anything as yet so I faxed them over letter last Monday. The guy from Barclays said they have sold this debt and it’s not them who are taking me to court its CL Finance, so I then sent a copy of letter over to Howard Cohen. Slick once again many thanks for all your help.