**WON** Charges over 6 years; compound contractual int't; repaid in full !!

[leilani]

Yes, I know this Rebel...and that one is going to be a hard one as I am suffering extreme grief today. Had to get out the house away from my computer, as some pathetic individual in Jakatar hacked into my main business website of 5 years and many members, two days ago infecting the server so bad it nearly wiped out the entire server...so I was made to remove the entire account (nuked). I don't have the finances to rebuild with new updates and so I will be concentrating on trying to raise the funds. (it's the equivalent of CAG being nuked)

 

So will appreciate being reminded on Monday morning if anyone is up for the job! : )

[rebel11]

Hi leilani

 

Start a thread in the computer forum, the guys there might be able to provide some assistance.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?261-Technical-Computer-IT-Console-SatNav-Questions

 

 

Yes, I know this Rebel...and that one is going to be a hard one as I am suffering extreme grief today. Had to get out the house away from my computer, as some pathetic individual in Jakatar hacked into my main business website of 5 years and many members, two days ago infecting the server so bad it nearly wiped out the entire server...so I was made to remove the entire account (nuked). I don't have the finances to rebuild with new updates and so I will be concentrating on trying to raise the funds. (it's the equivalent of CAG being nuked)

 

So will appreciate being reminded on Monday morning if anyone is up for the job! : )

[slick132]

Hi Leilani and sorry to hear of your puter probs !!

 

Did you write to the court manager at Watford or not. The error was theirs and they should correct it by recalling the case from Bow.

 

Unfortunately, even if Barclays are late in filing their AQ, the courts usually allow them extra time for some obscure reason. So don't pin any hope on them failing to comply at this stage.

 

8-)

[leilani]

Okay, well I called Court BC AQ has not been logged on the system as being received, but as the lady pointed out it may have been received late on 10th but they just haven't got around to putting it on the system. I have to call back in a few days to give the clerical team the time to update (if received). Lets hope they haven't then!

 

As far as this lady was concerned they had exactly the same time to submit as I did. They would not be given any allowances and she was a matter of fact kind of lady! lol

 

In regards to my site...yeah bummer and additional work I didn't need at this time, but everything happens for a reason so thank you rebel for the info, will have a look one day if I need help from there, however it's my profession and part of it rebuilt over the weekend and with the help of donations from friends, family and my members well on the way to reinstating the rest.

[slick132]

Hi Leilani,

 

I wouldn't concern yourself with BC's AQ being late or not. Even if they file late, their sol'rs will give some reason and beg the court's indulgence which they usually get !!

 

Please confirm, did you WRITE to the court manager about their erroneous transfer of the case to Bow court. If not, this is why they are content to tell YOU to sort it out.

 

A written complaint to the Court Manager would mean they had to account for their error and recall the case.

 

[leilani]

UPDATE: Have called Bow County Court again today, they have not submitted their AQ, and the lady told me it should have been by now on the system if they had. They will be issuing a letter to BC couldn't tell what they were issuing as the lady was Chinese and I just couldn't catch what she was saying. Basically a letter to say if they don't they comply the case will be struck off in my favour. I asked her about the N225 and she said I could submit but it wouldn't be looked at until they had got a response from BC...so I guess like you said Slick, BC can take the mick and still get away with it and there is nothing i can do.

 

So what to do now?

 

As regards to the courts I have written to both about this clerical error, they will not realise the case until the AQ comes in and the Judge determines where it should go : ( Are you suggesting that I now write again to Watford and to the manager? Sheeesh...lot of paper work and wonder if it is only going to fall on deaf ears.

[thebacca]

why am i getting emails for someone else??????????thebacca

[leilani]

If you are referring to emails from this thread, it's because you automatically subscribed upon posting how to create your own the other day. Go have a look in your control panel or the subscriptions and remove it if you don't want them...

[Dotty50]

Or you can unsubscribe by going to the threadtools at the top of this thread

[thebacca]

hi,i am not into this yet so just asking,have to start somewhere.thebacca

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?107001-quot-How-do-I...-quot-A-Dummies-Guide-to-this-Forum

 

Hi thebacca, this thread may give you some help getting started

[slick132]

Hi Leilani,

 

Leave the transferring-back of the case just now. Deal with it if BC do submit an AQ.

 

I know of no reason for the court to write to BC reminding them of their need to submit the AQ. They'd be unlikely to extend such luxury to a Litigant in Person.

 

However, it may be that a judge considers the case and Orders (you should get a copy) that, unless the defendant comletes the AQ and pays the fee within x days, their defence will be Struck Out and Judgement in Default will be made in favour of the Claimant.

 

Fingers crossed. 8)

[leilani]

Got a special delivery letter headed "Without prejudice save as to costs" from Barclays re BC referring to the above proceedings. They are telling me that they paid back all the charges within the statuary 6 years, and that they recommend "you withdraw this matter within seven days of the date of this letter, failing which we shall be making an application to strike out the claim on the basis that you no longer have any cause of action".

Edited December 17, 2010 by leilani
added

[leilani]

Rang Bow CC again, the letter is called an "unless order" a copy is always sent to me, and the lady who deals with it was at lunch but a message has been left to call me. Doesn't appear that they have sent it out as yet, will confirm later. I told them about the threatening letter received today and they said they hadn't been sent a copy of it... I feel I got BC running scared at the moment is this the case or am I being too optimistic?

[oilyrag]

Just remember the discussion held on here recently about letters which are headed "Without Prejudice". They cannot be used in court by the writer in simplistic terms and anything by BC headed "WP" we assume to be something that they would rather not have disclosed in court.

 

I stand to be corrected.

regards

oilyrag

[leilani]

I agree Oilyrag..

[victoria_siempre]

Correct oilyrag

 

By the writer or recipient.

 

x

 

v

[slick132]

Hi Leilani,

 

Are BC right, that they have previously repaid all penalty charges relating to the last 6 years.

 

Or have they done so in response to the current reclaim process. 8-)

[rebel11]

Barclaycard have probably just figured out that they haven't sumitted an AQ, so they are trying it on.

[leilani]

They paid a certain amount yes, based on their calculations not mine, and I said that I would pursue the rest in court.

[slick132]

But was this done in response to your current claim.

 

I assume they said, "We don't agree with your compound interest figures and we won't repay anything beyond 6 years." If this is the case, then you should proceed and not worry about BC's threat to seek a Strike Out.

 

If they had refunded all the penalty charges BEFORE you asked for them back in the current action, they may have been right about "No cause of action".

 

Sorry but I can't recall what's happened before and don't want to have to go back through the thread unless necessary.

 

8-)

[leilani]

There has only ever been one claim, this one. Yes I have had a couple of charges refunded over the years but they were never included in the schedule.

 

I was informed that they were refunding charges and their deemed interest, and I wrote to them and said the following (2 letters similar to below for each account):

 

Response to settlement offer.

Thank you for your letter dated **th ***** 2010. I respectfully decline your offer as Full and Final settlement and request, that you return to me all charges imposed on account no: ****** now totalling £****

 

I will accept the sums offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My request for repayment letterdated **rd ***** 2010 indicated that you had 14 days in which to comply before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer.

 

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance.

Was that not clear enough?

 

Should I write back to them and remind them of this?

 

Basically this claim is over 10 years, they had set their own idea of what they owed me, credited it to the account without acceptance from me, but I was going to pursue the bulk of the money which was in the 4 years prior to the 6 statutory years they claim they are only entitled to repay.

[slick132]

Hi Leilani,

 

Thanks for clarifying - your letter as quoted above set out your position perfectly clearly. Their letter about seeking a Strike Out is just them trying to rattle and un-nerve you. It won't work.

 

Your claim is on track and you need not deviate.

 

I suggest you write to BC, or their solr's (whoever wrote about the Strike Out Application), saying:-

 

Dear sir or madam,

 

Court Claim No. 1AB23456

 

Thank you for your letter of xxdate.

 

It is of course your prerogative to seek a Strike Out of my claim but I will oppose this. My claim is reasonable and has good grounds to proceed with regard to both interest in restitution at the contractual rate, and claiming back charges beyond 6 years using s.32 Limitation Act 1980.

 

If you want to reconsider your position, avoid troubling the courts further and avoid the resultant court fees, you have my Schedule of Charges. I am willing to discuss settlement based upon that, failing which I will proceed with my claim by Filing and Serving my court bundle when called for by the court.

 

If the case continues, I will seek a Wasted Costs Order.

 

Yours faithfully,

 

Have you put your court bundle together yet, for when the court needs it ?

 

8)

[leilani]

Thank you for clarifying that Slick. I shall send first thing Monday morning, although they won't get it special delivery...they ain't worth it!

 

Rattle me it did a wee because I had to think, OMG did I do the right thing!

 

As for Court bundle, I printed off one set of all that you sent me, and was starting to compile the letters etc so I knew what to print off for all parties. Even bought extra ink just in case! So I am kind of prepared to get stuck in and finalising it.

[slick132]

Good.

 

As well as preparing and printing the court bundle, you should also read and understand the basics of what you are doing. Particularly if you need to oppose their Strike Out Application, if they actually try this.

 

You would need to show that you have a reasonable chance of success with your claim - this can be demonstrated by listing the cases which you know have been settled here for other BC thread users.

 

You would also need to show how you can rely upon s.32 of the Limitation Act 1980 - because BC concealed the unlawful nature of their charges.

 

And you would need to have some understanding of why you can claim interest in restitution - the case of Sempra Metals Ltd demonstrates this. You can search for a summary of the relevant case and judgement on the web.

 

Switching off now but will be back tomoz ! Gnite. 8)