Barclaycard courtclaim re:Charges +6yrs -***WON*** Compound Int't and **NO SET-OFF**

[slick132]

Hi Shelley,

 

Did you send BC a SAR and was there no Letter of Assignment included.

 

My understanding is this.

 

BC sold the debt to HFO, a DCA outside of the Barclays Group. BC would have received a small percentage of the debt as payment, perhaps 10%. BC then wrote off the balance as a tax loss for accounting purposes.

 

They are now saying they want to retain whatever the debt was, or is now. So are they going to keep it, thereby making a profit because they've already been paid SOME of the debt when HFO paid it. That would be unjust enrichment for BC.

 

Or are they suggesting they'll pay HFO the amount still owed thereby giving HFO a profit because they bought the debt for only 10% of it's value but now get paid in full.

 

If I'm reading this wrong, I hope someone will say so.

 

I still say BC or Barclays Litigation have no right, and no basis in law, to do this. So my advice is to tell Barclays you do not accept their opinion, "With regards to the debt set-off against your settlement, I am afraid that this is what we have to do in all cases".

 

I would now write saying :-

 

When we discussed settlement details, you confirmed that you would pay the settlement sum to me direct. There was no mention of any set-off and I would never have agreed to this.

 

You say in your last email, "With regards to the debt set-off against your settlement, I am afraid that this is what we have to do in all cases".

 

I disagree that you HAVE to do this in all cases. You may have chosen to do this but you have no basis in law to do so.

 

You no longer own the alleged debt and have no right to withhold monies in respect of it. If HFO wish to pursue me for any amount they allege I owe them, that is their prerogative.

 

The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it.

 

Further information on the right of setoff can be found on the Financial Ombudsman’s site which clarifies in layman’s terms the rights of banks to take the action you indicated in your settlement: banking: firms' right of 'set off'.

 

Accordingly, unless you reconsider and agree to repay the full amount as per my last Schedule of Charges to me direct, you leave me no option but to continue my court claim against Barclays Bank PLC for the full amount claimed and a Wasted Costs Order.

 

See how they respond.

Edited October 3, 2011 by slick132
added the case law reference and the OFT link; typo

[Shelley181146]

Well, having played ping pong all week with BC, I sent the email today but it is the first day they have chosen not to reply. I wonder why?

 

No funds have been credited so we will see what develops next week.

 

Shelley

[Shelley181146]

Hi Slick and everyone,

 

I bring you good news.

 

I have today been credited with funds from BC. However, the amount is short of the £22 interest accumilated due to their delays in settlement AND the off set amount which is being contested as they had sold the debt to DCA some years ago.

 

I hope to have a response to my email regarding that matter tomorrow and I will post as soon as I hear.

 

A great achievement folks with the tremendous support of all Caggers.

:whoo:

[slick132]

This is great news Shelley, after all the doubts caused by their late moving of the goalposts.

 

I'll delay changing thread title for now until we know the final of your continuing negotiations about the Set Off and the interest for their delay in paying.

 

[noomill060]

Excellent news. Just what Ive been wanting to read for years.

 

Time to go Barclayshark hunting again...£1400 plus 10 years compound @ 29.9%

 

(I should add that the apparent CC is debt is substantial and was assigned to Lowells several years ago, but after CCA-ing them, they stated in writing that neither they nor Barclayshark had a copy of the CA and that they would not be chasing me. I havent heard from then since)

 

I didnt pursue it at the time, as the advice on CAG was that they would simply off set the charges against the debt.

 

Hi Slik, been a long time!

Edited October 3, 2011 by noomill060

[Shelley181146]

This is great news Shelley, after all the doubts caused by their late moving of the goalposts.

 

I'll delay changing thread title for now until we know the final of your continuing negotiations about the Set Off and the interest for their delay in paying.

 

 

Hi Slick,

 

No response received from the email sent to BC on Thursday evening, suspect they are either considering their options or ignoring. Any ideas what to do next or am I being too eager?

 

Will be on again later this evening, just off to get dinner.

 

Cheers

Shelley

[slick132]

Hi Noomill and hope you're well.

 

In Shelley's case, BC have retained the amount they say is owed to the DCA. We will continue to contest this.

 

****************************************************************

 

Hi Shelley,

 

Give them a further reminder tomorrow if you've not had a reply to your email.

 

[noomill060]

Barclayshark do like to try to assume/retain control of the situation, or should I say, try to give you the impression that they do.

 

I say this from experience, but when they realise that you know you have their b@lls in a vice, they run around in a panic and stand on a chair, clutching their skirts around them-like the maid in a Tom and Jerry cartoon.

[gem77]

subbing

[coffeeangel]

I'm just starting my claim with them so would be interesting to see if they come up with same line with me as they have assigned my accounts to a DCA so I will be following this thread with great interest.

 

Even though I am an inexperienced cagger and am learning as I go, this doesn't sound right at all! Keep at them Shelly

 

Best

 

Coffee

[Shelley181146]

Thanks Coffee. We just have to be strong. Keep reading and researching similar threads.

I am assisting a relative with their BC claim but they have had great difficulty getting the SAR information in the first place!

It doesn't seem like they (BC) are dealing with cases in an identical manner, so who knows how their claim will turn out?

 

******************************************************************

Update:

They have deposited the £22 owed in interest but have failed to reply to two emails regarding the 'set off' amount taken from the settlement.

I'm not prepared to grovel so will have to continue with my court bundle whilst they choose to ignore my communications.

 

Shelley

[coffeeangel]

A lady never grovels Shelly

 

Anyway, I'm sure you have already looked at this thread... actually, yes you commented on it! Anyway I side-track. In relation to what BC are doing to you now, have you chucked this at them:

 

http://www.consumeractiongroup.co.uk...ca#post3318325

 

As I said, I still have my "L" plates on Shelly, so no offence will be taken if I am a bit behind

 

Best,

 

Coffee:angel:

[slick132]

Hi Shelley,

 

Good that they've refunded the extra £22 but, until they refund the amount they claim to be able to Set Off, interest will continue to accumulate on your SOC.

 

See here for some encouraging news today - http://www.consumeractiongroup.co.uk/forum/showthread.php?312868-PPi-refunded-to-DCA-***WON***-Repaid-direct-!!&p=3486833&viewfull=1#post3486833

 

[coffeeangel]

Shelly,

 

Young padawan I am, but Slick is the master!

[Shelley181146]

Hi Shelley,

 

Good that they've refunded the extra £22 but, until they refund the amount they claim to be able to Set Off, interest will continue to accumulate on your SOC.

 

See here for some encouraging news today - http://www.consumeractiongroup.co.uk/forum/showthread.php?312868-PPi-refunded-to-DCA-***WON***-Repaid-direct-!!&p=3486833&viewfull=1#post3486833

 

 

Hi Slick,

On the second email I did attach yet another SOC with the interest updated to reflect the payment received and what was now outstanding.

I can see why they use these tactics because without CAG I would have given up months ago. Thanks to you and the 'family' of caggers, I didn't.

If they are not prepared to respond to my emails I will have to give them something worth reading, in order to get them to sit up and take notice. I think the text from the FOS site will do just that.

 

I had difficulty getting on here last night and gave up. Not sure if that was CAG website or my connection.

 

Shelley

[coffeeangel]

Until we stand our ground, speak up, we "the consumers" will never be taken seriously!

 

To coin your phrase "I'm like a dog with a bone"! I won't stop chewing - don't you!

 

Never give up Shelly, your "Cag Family" have got your back!

 

Ok, my meds are kicking in (hate being ill) Good nite Miss S - keep smiling!

 

Best,

 

Coffee:angel:

[Shelley181146]

I have received an email from BC today, surprisingly really because they have ignored my last 2 emails.

 

They have now referred it to their settlement team and will respoind when they have received advice.

 

Seems like the text from FOS website is very powerful because they appear to have now sat up to take note?

 

Thanks Nutter192 for posting your letter - tweaked mine but it gave me more confidence to fight a little more on the matter.

 

I will keep you posted.

 

Shelley

[slick132]

Hi Shelley,

 

I'll await their next contact with baited breath...................................

 

[Shelley181146]

Hi Slick,

 

I can't wait

 

It's strange how they ignored my previous 2 emails and as soon as I suggested reporting them to Financial organisations for failing to adhere to their code of conduct and the text passage from FOS website they sit up and take note.

 

I hope I have got them by their preverbles so to speak but time will tell.

 

Regards

Shelley

[noomill060]

With reference to the above, I propose that this is the "b@lls in a vice" point in this dispute.

 

(See post number 208)

 

 

[Shelley181146]

WELL DONE SLICK, DX,IMS,ANDY AND EVERYONE ELSE who has guided and supported me through this case.

 

BC have today advised me that the 'set-off' amount has been processed and should be in my account next week.

 

I think that deserves a huge drink and celebrations, which just by coincidence, is what is planned this evening. I cannot remember having such a good feeling as this for a very long time and it is all down to my family of Caggers.

 

Donation will be whisking its way across very soon folks.

 

THANK YOU EVERYONE

 

Regards

Shelley

[coffeeangel]

Shelly that is WONDERFUL news!

 

CONGRATULATIONS!

 

Best,

 

Coffee:angel:

[ims21]

Hi Shelley

 

Great stuff....you held your nerve like a stalwart.

 

You have created a fantastic reference thread here as well

 

What time do you want us all round tonight?

 

ims

[noomill060]

Well done for seeing this through, Shelley.

 

Enjoy your well earned triumph. Your win will serve as an inspiration to many others, including me.

[noomill060]

Hang on, what do they mean by the "set off" amount has been processed" ?

 

I thought they weren't permited to set off and that was the whole point of this.