bearing v Barclays Partner Finance ***CASE WON*** probably !!

[slick132]

You should also include your SOC setting out all the charges which you require to be repaid.

 

Give them 14 days to do this and then file a claim at court.

 

Consider claiming interest in restitution .

[bearing]

How does this reply look?

 

Dear xx

 

Thank you for your letter dated xx xxxx 2009

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges including Arrears Letter Charges, Unpaid Direct Debit Payment Charges and Unpaid Cheque Charges imposed on this account, totalling £xxx plus any charges that have been applied since xx xxxx 2009. I have enclosed a schedule of the charges added to my account up to xx xxxx 2009.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for full recovery.

 

If you do not accept my conditions for acceptance, or you do not respond within 14 days, the money transferred to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

With regards to the interest in restitution, is that the same as contractual interest and when would I claim this if I did, at court or in this letter?

Edited September 2, 2009 by bearing

[slick132]

The letter looks fine.

 

If you want to claim interest in Restitution, you should ask for it now and include it on the SOC. They won't pay this voluntarily and you'll have to file at court and take it right up to a final hearing date, before they cave in and settle.

 

Use an advanced spreadsheet - the one in the Interest Tutorial will do. See Link No6 in my signature below.

[bearing]

The letter looks fine.

 

If you want to claim interest in Restitution, you should ask for it now and include it on the SOC. They won't pay this voluntarily and you'll have to file at court and take it right up to a final hearing date, before they cave in and settle.

 

Use an advanced spreadsheet - the one in the Interest Tutorial will do. See Link No6 in my signature below.

 

 

Looked into it, they haven't added interest to the charges as the finance charge was front loaded as part of the initial balance.

[slick132]

No, you're missing the point. They've had your money and have used it as part of their business capital on which they have earned money.

 

Read Link No6 in my sig're - the section about interest in restitution.

[bearing]

Today is the 14th day and nothing in the post, should I give them a couple of days grace before filing the claim?

 

I've also paid the nine pounds or so that covers the entire purchase plus the interest, so now the balance they say I owe is entirely made up of charges.

 

I didn't go with the interest in restitution on this one, as I want it over as quick as possible as It'll lighten the load of monthly payments. Will certainly go for it on my next claim though.

[slick132]

Hi Bearing,

 

In this instance, I'd file the court claim immediately - at least that way you'll get the full amount of s.69 Statutory Int't from the date of each charge.

 

File at your local court using form N1 - http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available See the downloadable N1 in pdf format towards the bottom of the thread.

 

Adapt this POC to reflect that your claim is against Barclays Bank PLC t/a Barclays Partner Finance, and that you're claiming back penalty charges on a fixed sum loan. http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

[bearing]

It may have to wait a couple of days, don't have the £65 at present.

 

With regards to any charges that have been added since my schedule of charges, do I need to find them out now or can I wait until the court hearing?

Edited September 17, 2009 by bearing

[slick132]

Before either a court hearing or a tel con to discuss settling with Barclays, have an up to date SOC showing all charges to date, so you have clear figures to agree.

 

You'll need details of any recent charges that have been added.

[bearing]

Before either a court hearing or a tel con to discuss settling with Barclays, have an up to date SOC showing all charges to date, so you have clear figures to agree.

 

You'll need details of any recent charges that have been added.

 

 

I'll give them a call then, perhaps they may email me a copy of the charges applied since.

[bearing]

Had a text yesterday, apparently my account has been handed over to Mercers.

 

I take it my claim is still against BPF?

[slick132]

Write a quick letter to Mercers if they contact you, to say:-

 

Please do not involve yourself in this matter. The a/c is in dispute with BPF concerning penalty charges and all collection activity must cease.

If you contact me again, you'll be in breach of the OFT Debt Collection Guidelines and will be reported to the FOS for investigation.

Your claim remains with BPF. They've not sold the a/c - Mercers are just Barclays and Barclaycard's in-house collection monkeys.

[bearing]

Write a quick letter to Mercers if they contact you, to say:-

 

Please do not involve yourself in this matter. The a/c is in dispute with BPF concerning penalty charges and all collection activity must cease.

 

If you contact me again, you'll be in breach of the OFT Debt Collection Guidelines and will be reported to the FOS for investigation.

 

Your claim remains with BPF. They've not sold the a/c - Mercers are just Barclays and Barclaycard's in-house collection monkeys.

 

 

Cheers Slick,

 

With regards to the account being in dispute, should BPF still be adding charges to it?

[slick132]

As you are disputing penalty charges but not the credit agreement itself, you don't have the protection of the CCA1974 for an a/c in dispute.

 

You do, however, have the OFT Debt Collection Guidelines but this doesn't stop the addition of charges and/or interest to the a/c.

 

[bearing]

As you are disputing penalty charges but not the credit agreement itself, you don't have the protection of the CCA1974 for an a/c in dispute.

 

You do, however, have the OFT Debt Collection Guidelines but this doesn't stop the addition of charges and/or interest to the a/c.

 

 

 

Okay, thanks for clearing that up.

[bearing]

Letter sent to Mercers on the 21st, received a default notice in the post today any ideas on this.

 

Not concerned as obviously they can't serve a default on a balance made up completely of charges.

Edited September 23, 2009 by bearing

[slick132]

Hi Bearing,

 

Have a look here for info about defaults - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You SHOULD be concerned about this. Although they shouldn't place a default against you, they may still do so, despite the a/c being in dispute.

 

Reply to Mercers confirming that you will take action against BC/Mercers if any default is made while the a/c is in clear dispute.

[bearing]

What action do I suggest I'll take if the default is made?

 

This is a copy of the default....

 

[slick132]

Check out the Default Issues forum.

 

I think the DN is wrong as it doesn't show BPF's name and address, for starters.

[bearing]

Hi slick,

 

I've now got my money together for the court fee's so it's all systems go.

 

I shall fill in the N1 later, if I post it up here will you take a look before I send it off?

[bearing]

Is it okay to use a PO Box address for BPF on the N1?

 

It seems to be the only address I can find.

[bearing]

Update:

 

Just found one of your posts slick.

 

Would this be okay?

 

Barclays Bank PLC t/a Barclays Partner Finance

1 Churchill Place

London

E14 5HP

[bearing]

Another thing which has crossed my mind, when they decide they are in the wrong and pay up do you think it would be preferable to ask for a cheque to be sent out from which I can then pay off the balance of the account. Rather than them just crediting my account?

Edited October 2, 2009 by bearing

[slick132]

Hi Bearing ,

 

The name and address in post #47 are correct.

 

Deal with the manner of payment (cheque or credit to the a/c) when negotiating re settlement. Is the loan still running and are pay'ts up to date on it.

 

The example N1's on the site should give you adequate guidance but, if you want to, post the N1 here before it goes to court. Hide all personal data first !!

[bearing]

Hi Bearing ,

 

The name and address in post #47 are correct.

 

Deal with the manner of payment (cheque or credit to the a/c) when negotiating re settlement. Is the loan still running and are pay'ts up to date on it.

 

The example N1's on the site should give you adequate guidance but, if you want to, post the N1 here before it goes to court. Hide all personal data first !!

 

 

Whether the loan is still running is debatable, they insist I'm in arrears but I have made payments to the account that total the original balance which comprised of the loaned amount plus interest, so in my eyes the account is paid in full. The balance that now stands on the account is made up 100% of charges, so as far as I'm concerned then yes payments are up to date, but as far as BPF are concerned they are not.