@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict

[slick132]

Hi NM,

 

What's the situation regarding exposure to costs at this level of the court system. Is it similar to the England and Wales Fast Track.

 

Time for the case really depends on whether the judge has an open mind about the Limitations issue or not. Two hours should be adequate.

 

Of course, the plan is that BC will pay before you get into court. However, with this much at stake, they may take the case into court hoping their barrister can swing it for them.

 

[noomill060]

Yes, its the same as fast track in England/Wales- one up from the Small Claims track, so I'm exposed to costs.

 

As to limitations, they did refund the difference twixt £12 and the actual charges within the last 6 years, so it shouldnt be difficult the balance is within limitations in addition to the s.32 exclusions. Barclays have never put up any arguement against me on these issues before.

[slick132]

........ and long may that continue !!

 

[noomill060]

First time for everything, this arrived today...

 

 

[slick132]

I'm guessing that'll be a NO then !!

 

[noomill060]

Now to disect this-

 

The provisions of the Limitation Order (NI) 1989 are the same as the Limitation Act 1980 in England/Wales. There is an equivilent to s.32 and acknowledgement of a debt within 6 six years resets the clock for another six years in just the same way.

 

The letter admits acknowledgement of the debt within the last 6 years as it refers to the £236 repaid in 2007.

 

The letter makes reference to an outstanding balance- however, the account was assigned to Lowell Portfolio 1 in 2008 and the outstanding balance written off by Lowells in March 2012.

 

I like the way that they've given a guy with an Irish name the task of defending this!

 

I can only respond with the Yorkshireman's battle cry-

 

"'OW MUCH?"

Edited June 14, 2012 by noomill060

[noomill060]

I'm guessing that'll be a NO then !!

 

 

Correct. The answer would indeed be in the negative...

 

Na bi buartha, a bheith sasta (agus pogue ma hón!!), Mr Eoin O'Reilly.

Edited June 14, 2012 by noomill060

[noomill060]

Wrote to Sharkley's informing them of

 

a) exclusions for fraud, concealment and mistake

 

b) limitations clock reset by debtor's acknowledgement

 

c) assignment to Lowells in 2008 and Lowell's write off in March

 

d) my silence - it will come at a cost

 

 

Mr O'Reilly replied that they would be "reviewing the matter and making a revised offer of settlement"...

Edited June 23, 2012 by noomill060

[Bombaymix]

Subbing! Best of luck

[noomill060]

 

I can say no more...

 

Edited July 5, 2012 by noomill060

[tosh1]

Good Luck

[slick132]

Hi Noomill,

 

I can only assume from this that you have reached a settlement with BC which is sufficiently advantageous to you that they've stuck you with a Confidentiality Clause............

 

.......... in which case, of course, I expect no further comment from you.

 

Others should take encouragement from this as BC don't normally insist on confidentiality.

 

(probably)

[ScarletPimpernel]

...and there were Barclaycard thinking you'd gone away.

 

Good to see you spanked them again, Noomill.

 

Did you wish Eoioioioion a Happy Twelfth?

[noomill060]

Im sure Eioninion had a wonderful 12th, the view from the top of a bonfire must be spectacular- the flames raging higher, libations of Buckfast being quaffed in his honour and the traditional volley fired at midnight...