Fingers Vs Barclaycard

[Fingers60]

Hi Slick

 

Any further thoughts ?

 

Cheers

 

F

[slick132]

On it ..............

 

Will come back with suggestions asap.

 

8)

[Fingers60]

On it ..............

 

Will come back with suggestions asap.

 

8)

 

Thank you !

[slick132]

Hi Fingers,

 

Can you confirm if there was any PPI on this a/c.

 

Have you yet claimed, or do you intend to claim, back any PPI which you think may be inappropriate for you.

 

8-)

[Fingers60]

Hi Fingers,

 

Can you confirm if there was any PPI on this a/c.

 

Have you yet claimed, or do you intend to claim, back any PPI which you think may be inappropriate for you.

 

8-)

 

Hey Slick

 

Never had PPI on the a/c.

 

No missed payments ever so no charges / default fees to reclaim either.

 

Rgds

 

F

[Fingers60]

hey slick

 

any ideas / thoughts from the team?

 

cheers

 

F

[slick132]

Hi Fingers,

 

I'll see if anything further can be added over the w/end. Bit late now and trying to log off.

 

8-)

[Fingers60]

Hi Fingers,

 

I'll see if anything further can be added over the w/end. Bit late now and trying to log off.

 

8-)

 

ok tyvm really need some ideas

 

[slick132]

Hi Fingers,

 

Discussions about your case have led to the following opinions:-

 

1. It's felt that your own sol'rs should accept some responsibility as it was they who suggested you should continue to the point that you did, and not withdraw earlier. Personally, I think you could either ask them to contribute towards the later costs accrued by the Defendant bank or ask them to negotiate the costs down without charging you any more for the negotiating work.

 

2. You could ask the court to make a determination on costs, making whatever points you can in your favour. For example:-

 

BC's intransigence in providing a copy of your credit agreement that was in any way personal to you.

 

BC did very little about the Application hearings apart from seek a late adjournment because they were unprepared.

 

You withdrew the Application as soon as the Kneale case was won by Barclays, on appeal.

 

BC's suggested costs seem high as they would seem to have done very little on your personal Application and they had similar cases on which to base their actions in your Application.

 

The suggestions in (2) above are my own personal thoughts and should be taken with a large pinch of salt as I'm in no way legally qualified.

 

But it is definitely thought that yours sol'rs should be giving you some help and/or guidance without charging you further.

[Fingers60]

Hi Fingers,

 

Discussions about your case have led to the following opinions:-

 

1. It's felt that your own sol'rs should accept some responsibility as it was they who suggested you should continue to the point that you did, and not withdraw earlier. Personally, I think you could either ask them to contribute towards the later costs accrued by the Defendant bank or ask them to negotiate the costs down without charging you any more for the negotiating work.

 

2. You could ask the court to make a determination on costs, making whatever points you can in your favour. For example:-

 

BC's intransigence in providing a copy of your credit agreement that was in any way personal to you.

 

BC did very little about the Application hearings apart from seek a late adjournment because they were unprepared.

 

You withdrew the Application as soon as the Kneale case was won by Barclays, on appeal.

 

BC's suggested costs seem high as they would seem to have done very little on your personal Application and they had similar cases on which to base their actions in your Application.

 

The suggestions in (2) above are my own personal thoughts and should be taken with a large pinch of salt as I'm in no way legally qualified.

 

But it is definitely thought that yours sol'rs should be giving you some help and/or guidance without charging you further.

 

Thanks very much that is useful feedback.

 

Ok well my sols have been adament that if they want me to continue to act they will charge £300ph. They have distanced themselves now from the advice / support they gave me on my disclosure application. So the only way to get them to share costs / or work for free would I guess be to make a complaint agaisnt them first and if no joy to the law society.

I guess the question would be:

 

a) would you want the sols to negotiate the point or

b) i deal with Barclays sols directly

 

Will it really make much difference to the outcome as to who negotiates?

 

I guess If I settled with Barclays I could also go back to my sols afterwards and ask for a contribution?

 

Next thought:

 

So I guess I / my sols should be writing to to Barclays sols and offering a reduced settlement on the basis of my above points etc and if they dont agree then i ask the court to decide on costs? Should i say to barclays sols that if we cant agree I will ask the court to decide?

 

Also, is there any point in involving the FOS or now it has gone to court it is out of their juristiction?

I notice on the FOS complaint forms that they ask "has their been any court action relating to my complaint" and to enclose all documentation in relation to etc. Could I get the FOS involved to help resolve?

 

Thanks guys !

[slick132]

Hi Fingers,

 

As court action has been started, I think you are past the point where the FOS would involve themselves. After all, this is not about the credit agreement - it's about you discontinuing court action and the costs involved.

 

Going back to the sol'rs after you've negotiated with Barclays re costs is, I think, a non-starter. The sol'rs will surely say no to that.

 

Have you written to your sol'rs or only spoken to them. If you've not yet written to them, I would do so now stating that you believe they have some responsibility in the matter as they advised you to proceed. Suggest that they should shoulder some responsibility and in recognition of this, they should either:-

 

1. Negotiate, free of charge to you, to reduce the costs.

 

2. Share responsibilty with you for costs.

 

3. Take the issue of costs into court for assessment if they think that's a good option.

 

If they will not assist, then you will have to consider your remaining options.

 

You could still negotiate directly with Barclays.

 

If that fails, I would personally favour asking the judge to rule in the matter and argue my case as best I could.

 

But I also have to echo what others on the Site Team have said, which is that we are beyond the limit of our knowledge on this. These are merely our thoughts in the matter.

[Fingers60]

hi guys

 

I have emailed you all a copy of my correspondence and will await feedback !

 

cheers

 

Fingers 8)

[slick132]

HI Fingers,

 

We're on it !

 

8)

[Fingers60]

HI Fingers,

 

We're on it !

 

8)

 

Awesome lets do this !

 

 

F

[Fingers60]

hey guys

 

just wondered if you had a chance to read barclays response to my letter ?

 

any thoughts before a write a reply?

 

[slick132]

You have mail !

 

8-)

[Fingers60]

Hi Guys!

 

Ok so the long awaited outcome...

 

As you know I was basically facing £4k of legal costs...up the river without a paddle!

 

In the end i borowed money from family to repay the debt in full + offered Barclays a very nominal amount to cover their costs (just as a matter of principle)

 

So thats how the story ends for me, financially im much better off as the loan from family is interest free and I have avoided the bulk of the banks legal costs ...

 

I have to say my days of taking banks to court are over.......well for now at least !

 

Thx to all for your help on this thread, it has been a bumpy ride and I appreciate the support.

 

Kind rgds

 

Fingers

[the_shadow]

Really glad this has worked out for you.

 

S.

[foolishgirl]

Well done in getting to journey's end Fingers, even if it wasn't the smooth ride you first thought it would be.

[Fingers60]

Thanks guys !