@barclaycard FCC's BC charges ***WON*** with compound int't

[slick132]

Hi FCC,

 

Good response to them and I look forward to seeing their reply.

 

[FCC]

Please help me here with the Draft Order for Directions. I copy them verbatim? and the send them in to the Court?. The proof that I provide is then included in the Court Bundle which I must submit within 14 days of the hearing after the judge has approved, or otherwise, of the directions?. The statement of evidence is item © in the DOforD and here I answer their defence?. Hope you can make sense of this? regards

[slick132]

Hi FCC,

 

Further good guidance can be found in this post - http://www.consumeractiongroup.co.uk/forum/showthread.php?53570-New-strategy-for-Allocation-Questionnaires&p=482192&viewfull=1#post482192

 

The layout is all there for you, so in Section G, you will write:-

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on xxdate.

 

On a separate sheet, you can print out the Draft Directions. For any court document, always put the names of the claimant and the defendant and your Claim No at the top.

 

Then on a second sheet, you will print out your Other Info as follows:-

 

 

 

You -v- Bank Plc

Claim No:*******

 

 

 

N149 Allocation Questionnaire

 

 

 

Section G - other information

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to unfair charges and/or contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

[slick132]

When your AQ, and that of the Defendant, goes into court, they will be passed to a judge who will consider them. The J will either adopt your DD's or will issue his/her own Directions.

 

You must then comply with those Directions, paying careful attention to what the J orders and by what date it's required.

 

Your AQ will not address their defence at all, not will you submit any Statement of Evidence until Directed by the court.

 

I don't know why you refer to the S of E at this stage but I'm sure it's not needed until you submit your court bundle as required by the court.

 

[FCC]

Once again-silence!. It would seem they are not that keen to negotiate and end this matter so it's finish the AQ and drive to Barnstaple tomorrow.

[FCC]

Sent by email today:

 

It would appear from the total lack of response to my email of the 8th December 2011 that your declarations that you wish to negotiate an end to the above claim are untrue. I will therefore be entering my Allocation Questionnaire to Barnstaple County Court tomorrow for consideration by the District Judge. A copy will be sent to you, as a courtesy, by recorded post.

 

Yours faithfully

 

 

Cc: Court Bundle

[FCC]

yesterday I drove the 35 miles to barnstaple to submit my AQ only to find that I have to apply for fee remission at every part ofm the claim procedure so I look forward to another drive through the storms. However I did receive today by email the following:

 

We do not agree with your assertion that we are prevented from setting off any sum paid in settlement of this claim against debts already owed to Barclays Bank Plc. However, in order to avoid the inevitable time and cost associated for both parties in pursuing this claim further, we are prepared to renew our offer of £1790.80, subject to the terms set out in this letter.

 

We are prepared to make a payment of £892.19 to your Barclaycard accounts and a seperate payment of £898.61 to your Santander Bank account in full and final settlement of this claim.

 

The payment to your Barclaycard account represents the charges, which are subject to your claim, plus interest at the payment rate of 22.9%. Each payment will be made to the respective account on which the charges accrued( £446.09 to Visa 3006 and £446.09 to Mcard 7004 ).

 

The offer to pay a total of £1790.80 in the above fashion is in full and final settlement of the whole of your claim and is strictly without any admission of liability on our part. By accepting this offer you acknowledge that you ahve no further claim relating to the charges listed in your Schedule of Charges or any future claim for interest relating to those charges.

 

We are not prepared to make a declaration that the sums claimed have been wrongly applied to your accounts. we make the above offer without any admission of liability and we are fully prepared to defend each of your claims.

 

etc etc etc

 

Getting closer. Will post my reply after some thought as to the best way to bring this claim to its conclusion. regards

[FCC]

My response by email today:

 

 

 

15th December 2011

 

Dear

 

I thank you for your response by email dated 14th December 2011.

I am disappointed that you feel that cannot agree with my assertion that you are prevented from setting off the sums to be paid under the settlement of my claim against Barclays Bank Plc.

 

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 transferable subject to it.

 

Further information on the right of set-off can be found on the Financial Ombudsman’s site which clarifies, in layman’s terms, the rights of banks to take the action that you propose in your settlement eg: Banking: firms’ right of set-off.

Further, I draw your attention to The Unfair Terms in Consumer Contracts Regulations 1999: Schedule 2 1. (b):

inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

I had hoped, that as we are getting closer to settling this matter, we could progress beyond this point.

I am content to accept your offer of £1790.80 subject to the following:

 

I require you to pay the sum of £898.61 into the Mastercard account ****

 

The balance £892.19 to be paid into my Santander Bank account.

Further to the above provisos I require you to fulfill the above by no later than 22nd December 2011. In this age of computer technology I can see no reason why this cannot be attained by a few keyboard strokes and a measure of goodwill.

I will agree to the above in full and final settlement of my outstanding claim and will, upon your fulfillment of my requirements notify the Court of the discontinuance of my claim.

If, in the event that, you are unable to accept the proposed settlement of my claim, then I reserve the right to continue my court claim against Barclays Bank PLC for the full amount claimed and a Wasted Costs Order.

 

 

With regard to the account Visa ****, you no longer own the alleged debt and have no right to withhold monies in respect of it. If Cabot Financial wish to pursue me for an amount of money, they allege that I owe them, then that is their prerogative and a matter for them to contend.

 

I look forward to your response.

 

Yours faithfully,

 

Over to you BC

　

　

 

　

 

　

 

　

 

 

 

[noomill060]

Beautifully worded, couldn't do better myself.

[FCC]

Thanks, praise indeed, not that I was seeking any. regards

[FCC]

A very quick response...............

We are comfortable with your proposal for us to make the £892.19 payment to the Mastercard account #7004, rather than splitting it between the Mastercard and Visa account.

 

 

However, we require that you sign our settlement letter prior to us processing the settlement payment. Given that part of the settlement payment is being transferred to an external account I am not prepared to guarantee payment by 22nd December 2011, however upon receipt of your signed settlement agreement I will action these requests within 1 working day. Please note that transfers can take between 5-7 working days before they clear on your account.

 

 

I have attached a new settlement agreement reflecting the changes to the method of payment suggested in your email.

 

 

I look forward to hearing from you.

 

[ajs444]

Nice one, very eloquent.

[noomill060]

So- do you sign or not?

 

Over to you...!

 

Makes no odds whether you sign or not, they will cough before this sees the inside of a court room.

[slick132]

Hi FCC,

 

Good progress on this and looks like you nearly have this sown up.

 

[FCC]

Thanks Slick, yes I am quite pleased with the result and I must pay testimony to your invaluable advice given, both publicly and by PM, thanks a lot mate. I will be signing and sending the paperwork by RD today, without a confidentiality clause. I don't see any advantage in holding out any further for the monies to be paid in total, into my Santander account as I would have been paying off the BC account into which half of the monies are, in fact, being paid into. This has been an excellent result and I can now turn my attention to Cabot who, allegedly, now own the other account. Following that it's Capital One so I will be back for more assistance, if that's alright with you Slick. For dx, before you come chasing I will be making a donation in return for all the help I have received and may I thank all those others whose support has been gratefully received. Cheers all and a Happy Christmas to everyone.

[slick132]

Hi FCC and thanks for your kind words.

 

Let us know when you're paid and I'll then change the thread title for you to reflect your win.

 

Thanks also, in anticipation of the site donation which you're going to make.

 

[FCC]

Monies received into my account today. Job done and donation on the way. Happy Christmas one and all. regards FCC

[slick132]

Hi FCC and thanks for the update and your Site Donation.

 

Big Congratulations on this case

 

Thread title now changed to reflect your ***WIN***

 

[ims21]

Excellent news FCC

 

Well done and enjoy your winnings

 

Regards

 

ims

[FCC]

Donation now processed. Thanks again CAG

[slick132]

Hi FCC and thank you for your Site Donation, which will help us to keep helping those who need it.