morgan stanley or barclaycard ***DELIGHTED**

[slick132]

H Brindles,

 

Read here - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

[brindles]

Thanks slick132,

Just couldn't find it..

[brindles]

Hi all,

 

Firstly, I am now back in full time employment,

 

 

I have managed to get this far but I know need your advice please.

 

Barclay's defense says the charges are in line with its terms and conditions and say there is no place for claiming this type of interest in the small claims track quoting CPR 27.14.

I also have charges older than 6 years and I am put to proof that Barclay's deliberately concealed the charges are unlawfully.

 

court date 12th October 2009

 

Directions.

By 4pm 7th July each party must deliver to the other and the court copies of all documents to be relied on.

 

Q: Could you please clarify what these documents are.

 

21st July the claimant must serve on the defendant witness statements. the nature and date of each charge, the grounds for seeking repayment including statutory and other authorities relied upon.

 

Q:will I have witness statements and what really are the grounds for repayment.

 

Any DVD or video recordings by the 7th July.

 

Q: Am I to submit video evidence or is that just for a bank claim.

 

Any advice would help here please as I have become very confused between banks and credit cards and am starting to doubt myself.

 

As Barclay's have no CCA for this account,they have only sent Morgan Stanley t+c. I have sent a s,10 notice and had several replies and given answers..there last reply says they have fulfilled there requirements and the documentation sent to me stands and they will continue to process my information as they have fulfilled there requirements under CCA 1974 and do not consider this account to be in dispute. They also say they are not obliged to respond further and will continue collection activity,however they will respond if I can provide them with substantial legal and documentary evidence. I am also being chased by mercers and scotcall.

 

Should I just leave the s10 aspect or is there legal documentation I can send.

THEY JUST DON'T SEEM TO UNDERSTAND THERE IS NO CCA. agh.

 

Should I CCA mercers and scotcall.

 

Sorry such a lot to answer just need the advice to keep me on the right track.

 

Thank you.

[the_shadow]

Hi all,

 

Firstly, I am now back in full time employment,

Congrats

 

court date 12th October 2009

=Directions.

By 4pm 7th July each party must deliver to the other and the court copies of all documents to be relied on.

Q: Could you please clarify what these documents are.

 

This is the court bundle information required for bank charges, plus any legal cases you will refer to or mention at your hearing. The basic bank charges bundle should suffice but I think you need to add the terms and conditions that are in effect currently also, others will confirm.

 

21st July the claimant must serve on the defendant witness statements. the nature and date of each charge, the grounds for seeking repayment including statutory and other authorities relied upon.

You need to look around the site for an example witness statement... the first 3 paragraphs should set out the background... who you are, what this account is, when it was taken out etc and what you are claiming back... following from that the reasons why and legal arguments.

 

As Barclay's have no CCA for this account,they have only sent Morgan Stanley t+c. I have sent a s,10 notice and had several replies and given answers..there last reply says they have fulfilled there requirements and the documentation sent to me stands and they will continue to process my information as they have fulfilled there requirements under CCA 1974 and do not consider this account to be in dispute. They also say they are not obliged to respond further and will continue collection activity,however they will respond if I can provide them with substantial legal and documentary evidence. I am also being chased by mercers and scotcall.

 

Just because they have not sent it doesnt mean they dont have it... be warned.... the takeover of accounts from MSDW to Barclaycard was messy and I dont think they can easily put their hand on the agreements, it takes man hours to search and they obviously dont want to spend time doing this UNTIL they have to.

 

Should I CCA mercers and scotcall.

 

You should be sending the bemused letter to both mercers (instore Barclays DCA) and scotcall

 

 

S.

[slick132]

Hi Brindles,

 

Further to TS's comments, I think you should concentrate on your court bundle and nothing else until it's done. How far are you with it.

 

Don't be put off by BC's assertions that they're right and you're wrong - they're trying to unnerve you. Stick to your guns, focus on submitting everything on time and they'll back down at the last moment.

 

Please read through this thread carefully. It will give you good info about your Witness Statement, the interest you are claiming, the way BC try and bully you, etc. http://www.consumeractiongroup.co.uk/forum/barclaycard/171099-barclaycard-round-2-a-5.html#post2086481

[brindles]

Hi and thank you both,

I downloaded the basic court bundle a while back and printed some of it, just trying to make sense of what I have done so far and will get on with the rest.

A couple of questions please.

 

In the court bundle should I still inseert the part about panalties.

 

Do I have to number all the pages? and if so does anybody know how to make a lexmark 5400 or lexmark 3600 number the pages as I print.

 

In the section for corespondence should I enclose all corespondence to date including s.10 notice and corespondence or just the charges corespondence up to the date I filed my claim at court.

 

Thank you and I am now going to read http://www.consumeractiongroup.co.uk/forum/barclaycard/171099-barclaycard-round-2-a-5.html#post2086481

 

Thanks again:)

[slick132]

Default charges on Credit Card a/c's are still deemed to be Penalties, so it's right to include this, as well as the reference to UTCCR.

 

If you set out the Bundle in a Word Document, you can set that to paginate (number) the pages for you.

 

Include all correspondance to date.

[brindles]

Default charges on Credit Card a/c's are still deemed to be Penalties, so it's right to include this, as well as the reference to UTCCR.

 

Thank you just needed to clarify.

 

If you set out the Bundle in a Word Document, you can set that to paginate (number) the pages for you.

 

paginate, thank you. Never had computers in my day sunny,lol.

 

Include all correspondance to date.

 

Will do..

and on that note I just recieved a letter from barclays litigation stating they are waiting on relevant documents(so they dont have them?) and upon receipt of the documents they expect to write to me within the next 2 or 3 days to clarify there position in the matter.

 

In the meantime they are asking the court for more time as this will allow relevant documents to arrive and in addition to allow without prejudice

SETTLEMENT NEGOTIATIONS to commence..

 

well I dont see why they need more time if they are to recieve these relevant documents and write to me within 2 or 3 days yet they are unable to supply the court with them on time?idiots!..

 

One important fact is, Barclays do not have a contact number or email and the only way they can communicate with me is by letter.

Should I keep it this way as I am thinking more pressure on them to settle sooner as there can be no last minuite deal.

or would/could this be viewed as hampering the process.

 

Thanks again slick.

[slick132]

It will be up to the court whether they allow BC any more time. They are simply trying to delay, as usual.

 

Have you included reference to s.32 Limitations Act 1980, to support the inclusion of charges beyond 6 years.

 

I think it would be useful for them to have your email addy. These can be produced to the court as evidence if necessary.

 

As long as you comply with the courts directions, that should be all the pressure needed for BC to back down before the court hearing.

 

Edited July 2, 2009 by slick132
typo

[brindles]

Hi slick,

I did mention s.32 limitations act in my POC and thank you very much for reminding me to include in my court bundle.

Do I have to send the whole act complete or just s.32.

Under correspondence should I include scotcall and mercers threat letters(I have paid up to date as I got a 3 on my credit reference and getting nowhere with s.10 and I just bottled it before default but i have CCA them) and my replies.

 

I have answered your pm, sorry for the delay.

 

Once again, this site is fantastic. thanks.

[slick132]

No, don't include the whole Act.

 

Just s.32 and any others that are relevant to your assertion that Barclays (t/a Barclaycard) concealed the true nature of their charges - a fact which you only realised in MMYYYY (whenever you realised this through CAG). You should also include in the Bundle any Case Law which backs up your assertion. If I can find any examples of Case Law, I'll come back.

 

Include in the correspondence section any letters, etc relevant to your charges claim.

[skintboy69]

Yo Brindles.

 

Check your messages.

 

T.

[brindles]

Thanks skintboy,consider them checked.

[skintboy69]

and????????????????????????????????

 

Cheers, T.

[brindles]

and how????lol

 

Can any one help me with terms and conditions for a morgan stanely card

[brindles]

Hi,

 

I have terms and conditions for morgan stanely for 2001,well some of them as these were sent to me by barclays in answer to my CCA request along with an application form.

 

Thanks for the help skintboy, saved me hours

[brindles]

Hi again,

 

I also have a copy of the terms and conditions for backyard around the same date kindly supplied by skintboy.

 

Should I place both copies of T+C in my court bundle, as the Morgan Stanley T+C are a bit vague.

 

Thanks.

[slick132]

Hi Brindles,

 

I'd include the T&C's closest to the date you opened the a/c but, if you're in any doubt, include both.

 

[brindles]

Hi slick,

both included to be on the safe side.

 

I have completed printing the court bundle x3..

All I need to do is a bit about the limitations act.

what is the best way to seperate/present this as a court bundle as it looks untidy as a pile of papers.

 

Thanks all.

[slick132]

Get a couple of lever arch files - the big ones with higher capacity - Viking Economy Lever Arch Files Black A4 by Viking Direct One for court and one for the bank.

 

s.32 Limitation Act 1980 is here - Limitation Act 1980 (c. 58)

 

I've asked for help with related case law.

[MARTIN3030]

It essential to have section 32c in your Pocs if you are relying on it and if BC have issues with it then seek a hearing to determine.

The case law for this is

Kleinwort Benson -v- Lincoln City Council & Others

 

 

Its a watertight arguement-plain and simple.

I would personally suggest that you read digest and understand it

[Spamalot]

Hiya, sorry to but in.. I have/had an old MSDW card from late 1999 and B/c have sent me a microfiche copy of the application form and I have copied out the T&C which were supposedly attached if it's any help..

 

Wouldn't mind you looking at my App form as well to see if it's similar to yours.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195140-spamalot-barclaycard-msdw-goldfish-2.html#post2223255

 

Thanks Spam.

[brindles]

Hi,

 

I need to clarify something for my court bundle.

 

I am claiming my charges and the interest on my charges at 26.80% on top of this s.69 interest at 8%.

 

Do I need to include sempra metals in my court bundle as I believe my claim is not for full restitution.

If not sempra metals is there any other case law i could include to back up my claim.

 

thanks.

[MARTIN3030]

s69 should be claimed as in the alternative.

The case law that you should include is listed in the bundles info thread.

[steven4064]

If you are claiming s69 interest, you do not need Sempra. Sction 69 is your basic entitlement under the County Courts Act 1984; Sempra would be what you wold use if you were going to claim compound interest in restitution on top of charges-plus-interest-on-charges instead of s69 interest.

 

As Martin says, if you did claim interest in restitution, you should think about putting s69 as an alternative.