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Fudgepacker Versus Barclays


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First of all, i'd like to say thanks to everyone on here for the sheer scope of information. I feel like i've done the basics so far as i'm keen to start proceedings.

 

I've read most of the threads on contractual interest rates and Barclays but one thing i can't seem to find out is what Barclays rate is? Can anyone else help out here? As i've done searches on Barclays site for it and am a bit bewildered by the variety of rates.

 

Sent my S.A.R off ,gone through statements in detail and its adding up to just over 3k and a lot of this is quite old so it'll make sense to claim it all.

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Ring them up and ask them.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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  • 5 months later...
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  • 4 months later...

Well had my letter from Barclays telling me about the trial case, but hadn't heard anything from the court so i rang them and they said it was all still on.

 

So i turned up on Thursday with my court bundle despite seeing on here that Manchester was likely to be waiting for the trial case i didn't want to take any chances.

 

Saw a lady in front of me announcing herself as being from Barclays and so after we sat down asked her if she was to see me as well but turned out she wasn't.

 

So when i got in there he was all very cheerful and understanding but said that he was going to agree to the delay, i gave him the relevant objection forms off here which he read. But whilst he seemed quite understanding he wasn't for moving on the issue and despite having a pop at Barclays for not having anyone in attendance agreed to the delay.

 

So its all on hold i suppose. Shame i was actually looking forwards to it after my initial nervousness. One thing he did say which might be worth considering was that he seemed to cite the interest element of the claim as the reason why he wouldn't settle there and then.

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Hi FP

 

Sorry to hear about the Stay; the issue of CI has been prominently discussed on CAG for a while with quite a few fails because of its inclusion in claims.

 

I take it the Stay was of the court's own volition as oppose to application received from the bank?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi FP

 

Sorry to hear about the Stay; the issue of CI has been prominently discussed on CAG for a while with quite a few fails because of its inclusion in claims.

 

I take it the Stay was of the court's own volition as oppose to application received from the bank?

 

Yes it was the courts decision ,i see , i wasn't aware about the interest element although that said i was only going for the 8% rate so i didn't think it would appear i was being too greedy ( however laughable when up against someone like Barclays)

 

hey ho i guess its just a case of waiting now ? there's no way to lift it i assume once its been postponed.

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HI FP

 

Are you saying that you decided not to claim CI after all and that the interest the judge felt was contentious was the 8% APR?

 

I've never heard of any judge granting a Stay purely on the grounds of questioning the validity of the 8% element to a claim.

 

Did you use the spreadsheet from CAG for your SOC? It automatically calculates the 8% for you.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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HI FP

 

Are you saying that you decided not to claim CI after all and that the interest the judge felt was contentious was the 8% APR?

 

I've never heard of any judge granting a Stay purely on the grounds of questioning the validity of the 8% element to a claim.

 

Did you use the spreadsheet from CAG for your SOC? It automatically calculates the 8% for you.

 

Yes that was the part he cited anyway, and yes i was only chasing the 8% because it was still paying me back over 5k. I don't think it was ever purely down to it but he certainly mentioned it as a factor.

 

And yes i used the spreadsheets, do you know once this test case is sorted would i be able to try and claim the CI instead or is it now set in stone against the 8% rate?

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Well in an ideal outcome to the Test Case, we could all amend our POCs to include Contractual Interest - that would be a rosey bonus for us all having this delay - but I don't think in reality the court findings will allow for that.

 

In my opinion a set amount will be deemed acceptable (based on a complex and ultimately flawed formula) and all claims will be settled in full minus this amount (with 8% allowed). I bet they will wriggle out of Contractual Interest being permitted.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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