BC Claim ***WON*** charges beyond 6 years + Compound Int't***

[slick132]

Well done !!

 

Don't be too gutted as you should get it all back !!

 

[up2meears]

Hi Slick,

 

Thanks for popping in! I thought I would be able to get it back. (makes the pain of handing that much dosh over in one go a little more bearable )

 

I have been going through all my paperwork from BC and 1st credit, and as most of it is laughable - mainly 1st credit - part of me hopes BC put up a fight (although most of me hopes they'll pay up)

 

As mentioned earlier, will update at the next step.

 

Thanks again

Up2

[up2meears]

Hi again,

 

Just been looking at my credit file, can somebody please confirm that how 1st Crud have registered this is okay!

 

There's been no default (that I can find in my paperwork) on this account, but this surely wouldn't look favourable if I had a good credit rating and was trying to obtain something on credit - if you catch my drift.

 

Grateful for your thoughts

 

Thanks again

Up2

1st crud credit file.doc

[up2meears]

Hi all,

 

Quick update, have received a Notice of Issue, for my BC claim. Do I do anything now (i.e prepare paperwork) in case BC defend? - Have noticed this is what they tend to do - or should I just sit tight and see what transpires?

 

Feeling all goose pimply - but in a good way

 

Appreciate your advice

 

Up2

[slick132]

Hiya,

 

BC will defend the claim.

 

Read up on preparing your AQ if you've not done one before.

 

Also read up on preparing your Court Bundle (evidence) in case you have to File and Serve this. Best to get all the material together and store it on your PC in one folder. Then, if you DO need it, it's ready to print and send.

 

If you are lucky, BC will negotiate with you, either after the AQ stage or when you get a Hearing Date.

 

BC *WON* threads will show it all.

 

[up2meears]

Morning,

 

Thanks for your reply slick. I have received a copy of BCs Ack of Service. Defending all of the claim. No surprise there.

 

I have been quite ill for the past couple of days and hopefully it's only this reason that I am now filled with dread over this.

 

I have been reading around the success threads again, and will definitely be back for more advice.

 

Thanks

Up2

[slick132]

Hope you're feeling better soon.

 

The feeling of DREAD comes from not knowing just how this will pan out for you.

 

But, from my experience of BC cases over the last few years, BC will be willing to negotiate and settle before the hearing date..........

 

........... and, if you're lucky, they'll settle before you have to File and Serve your Court Bundles, thereby saving a few trees of paper and a pond of ink.

 

In case you need to do the Bundles, you will need a full pack of paper and spare ink cartridges as each bundle may be 200 to 300 pages, depending on what you include. And this is why you need to have all the components of the Bundle stored, ready to use if necessary.

 

[up2meears]

Hi Slick,

 

I've tried having a look at how to prepare the basic court bundle but when I clicked on the link for the zip file it says invalid attachment. I have sent a message to the administrator, so will wait and see what comes back.

 

To this bundle, should I add things such as the letter I received in 2008 when I first asked them to repay these charges? And things like the notice of assignments? What about the harassing letters received over the years from 1st crud? would these help? I'm so confused.

Also Slick, I notice in Shelleys thread you advisde her to use the Sempra Metals case in regard to charges over 6 years. Is this still the case.

 

Have information overload and I'm really getting myself confused, plus I'm also not sure about not having a copy of my cca, despite asking BC several times for a copy over the past few years. Do you think this will cause problems?

 

Think I may need to take a step back from this today, and forget about it until tomorrow, when hopefully I'll be feeling a bit better and more empowered.

 

Thanks again

[slick132]

I'll find you a copy of the Court Bundle that you can download and use. See my PM to you about this.

 

The Bundle should include copies of all letters between you and BC about the issue of charges.

 

Unless the letters from 1st Credit are relevant to charges, omit them.

 

It doesn't matter if they haven't supplied you with a copy of the credit agreement. But you should try and find a copy of the BC T&C's, as close as you can get to the date the a/c was opened.

 

Stop fretting - you'll be fine !!

 

[Shelley181146]

Hello Ears,

I have tried to attach the T&C's to my original thread but it won't allow me to.

I have reported it to the site team, so hopefully it won't be long before they'll become available.

 

Try not to stress. It's highly possible you won't neede your bundle but like Slick says, it is best to be prepared.

 

Shelley

[Always Struggling]

Hi U2YE's,

 

Value of claim should be completed (my figures are examples) and should show:-

 

Total of default charges 756.00

Interest in restitution 1,683.58

Total claim £2,439.58

 

Plus interest pursuant to s.69 County Court Act 1984 from the date of issue to date of settlement at the simple rate of 24.9% = £1.66 per day.

 

If you're claiming Int't in Rest'n at 24.9%, the s.69 Stat'y Int can be claimed at that rate too.

 

You put the total claim as per your SOC in the box at the bottom right of the form and it'll show

 

Amount claimed 2,439.58

Court Fee £95.00

Solicitors Fee Nil

Total amount £2,529.58

 

Do not include court costs at item (4) on your POC.

 

Instead 18 (3) should read:-

 

(3) Interest under Section 69 of the County Courts Act 1984 at the rate of 24.9% per annum on the amount claimed giving a daily rate of £1.66 until judgement or sooner payment.

 

The layout is bad above but you can put the figures in neater columns on your claim.

 

 

Good luck u2m, I'm just putting final prep on my POC etc as well so will keep a close check on your thread to see how everything develops

 

Slick, I am just trying to work out my claim s69 etc.

 

The way I understand sempra is that the claim in restitution would be the 8% stat plus the commercial rate (13.9% in my case) making it 21.9%.

 

For the actual charges and PPI it would be compounded in the claim

 

For s69 it would be 'simple' interest at 21.9% still. Is that correct?

 

My thread is here if you wouldn't mind having a look, andyorch has been helping and I am just waiting to get some clarification on the stat int.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313209-LTSB-sar-and-found-PPI-was-selected-but-not-by-me!&p=3909370#post3909370

 

Thanks

 

AS

[slick132]

Hi AS,

 

I'll comment on your LTSB thread .................

 

[up2meears]

Hi Guys,

 

Thanks for your replies. Sorry I have been so ill the past week, I have only been popping in and out randomly.

 

Slick, Thanks for your help with the court bundle. I look forward to receiving that.

 

Shelley, Thanks for getting back to me. Like you say, hopefully it wont get that far - but Sods law, if I don't try I'll need it all and be unprepared

 

Always Struggling, Good luck with your claim. I'll be keeping an eye on your thread also.

 

Thanks again for all your help and advice - That really is all that's keeping afloat at the mo.

 

Up2

[slick132]

Hi Up2,

 

I've now sent you the Court Bundle in 2 formats by email.

 

[up2meears]

Morning Slick,

 

I sent you an email yesterday to confirm all was received and accessible. Thanks again for that.

 

Finally starting to feel better so trying to get back on my game. It seems ages since I've been able to do anything constructive due to being ill so am going through all the paperwork I think I will need for the this, plus having a re-read of the success cases.

 

Thank you again for providing the information, I'm sure I'll be back for help before updates.

 

Up2

[up2meears]

Evening Slick, guys,

 

An update and more problems, which is no surprise.

 

I received a letter from BC saying that as it is not cost effective to take the matter to trial, they are willing to pay the charges at 21.94% interest rate for the whole of my claim (1st charge dates back to 2002 ). They wanted to offset against the sold debt on my account which I was happy to let them do as I was going to clear it anyway, and do not want any shannanigins from 1st Credit.

 

They also wanted me to accept a confidentiality clause, which I wasn't prepared to accept, and once I told them why, they agreed to remove this clause.

 

However, I have not heard from them since emailing (as requested) the acceptance, and I'm not sure what to do next. This is probably normal, but I don't want to miss any deadlines if I have to continue to Court. Should I send another email asking what's happening? or ignore them now and continue with my claim?

 

When I received my notice of issue, it says deemed to be served 11th July, BC had until 25th July to respond. It says if they file an Ack of Service they will have 28 days to file a defence. Would those 28 days start from the 11th or 25th? I have received a copy of the Ack of Service from BC dated 11th July, but nothing more from the Court. Is that right?

 

I'm have virtually prepared my bundle for the next stage, and am willing to continue. I would be grateful of advice on my next move please.

 

Many thanks

Up2

[slick132]

Hi Ears,

 

Re the court case, you need to do nothing more just now. It's up to Barclays if they decide to Acknowledge the claim and/or file a Defence.

 

Re the negotiations about settlement, does their offer to settle with 21.94% interest come close enough to what you wanted, for you to accept the offer.

 

Have they also agreed to refund all court fees that you've paid for to start your court action.

 

Send them an email saying:-

 

Dear sir or madam,

 

I refer to our negotiations about reaching a settlement of my court claim.

 

As requested, I responded to you by email on XXdate agreeing to a settlement figure of £xxx but, since then, I have heard nothing from you.

 

Accordingly, I will continue with my court claim until you respond as required.

 

I expect any offer made by you to be adjusted to reflect the additional compound interest which has accrued to date.

 

I look forward to your response by return.

 

Yours faithfully,

 

[Shelley181146]

Hi U2me,

 

I had got a few questions but I see Slick has it covered.

 

Stay positive

[up2meears]

Morning,

 

Thanks guys for dropping in.

 

Slick, thanks for the suggested email, I will get that sent in a mo.

 

They have agreed to repay the Court costs, and the amount is not far off what I worked out so am willing to accept.

 

I will let you know how I get on.

 

Thanks again

Up2

[up2meears]

Morning Guys.

 

I'm having more problems with these jokers. I knew it wasn't going to be smooth riding, but I didn't expect this.

 

Quick catch up. - I sent the above email suggested by Slick and received a reply the same day, apologising for the delay, unexpected leave yatta yatta. I have heard nothing since, nor received my cheque.

 

Part of the agreement was for BC to show my credit report for this as satisfied. (1st credit haven't done anything with this since before 2008. Just shows four years of U's, no late payments, no defaults, the balance was even showing £10 more than I had paid. So for years they have left it in limbo I suppose) This morning I have checked my credit record and not only is the one from 1st crud still there, BC centre have gone and added a default from 2008 for the original amount. They have deducted the amount I agreed to let them offset, but have now got a balance for an extra hundred and odd quid that I have paid.

 

What is wrong with these people?

 

What is the best thing I should do here please?

 

As always, your help is appreciated.

 

Up2

[slick132]

Further email to the contact at Barclays saying:-

 

1. I await your payment in settlement of my claim. Unless this is received promptly, I will continue with my court action.

 

2. It was agreed that my credit records would show my BC account as satisfied. This has yet to be dealt with and requires your urgent attention. **

 

3. If these matters are not dealt with promptly, I will have no choice but to draw the court's attention to the delays caused by Barclays and seeks costs using a Wasted Costs Order.

 

**[state here very briefly what the CRA files show and why they are wrong]

[up2meears]

Thanks Slick,

 

Will send the above as suggested.

 

Many thanks

Up2

[up2meears]

Morning All,

 

Well, after sending the above email on Tuesday, I got a reply saying that the cheque had been posted on Monday. The pigeon carrying it must have got caught up in all the wind and rain, because I finally received it this morning :whoo:

 

Barclaycard have removed the additional default added to credit file, but the one in limbo from 1st crud is still unchanged. I'm hoping that this will be updated in the next few days and I've told BC that I will inform the Court that the matter has been settled once I can see this change. Although, I will contact the CRA's if this hasn't been done by Tuesday.

 

So just to recap for everyone going through a Barclaycard charges claim. I requested all charges be paid back to 2002 (date of first charge) they ignored, I sent lba, they ignored some more, I issued claim they wrote saying they were defending. I started getting prepared for court, they wrote and said they would pay the charges, but would off-set, (I was happy to let them do this). Money received, job done. (I'm still waiting for the PPI, but that's in the hands of FoS now.)

 

Thank you all so much for your help and advice with this one, another donation will be made once funds have cleared.

 

Good luck to everyone going through this process, it may seem daunting at times, but it's worth persevering, especially with the great help received from this site

 

Site Team, could you please change the title of my thread to reflect my win of charges going back further than six years.

 

Thanks again,

 

Up2

[Shelley181146]

That is great news, you must be feeling over the moon?

This site has a wonderful support team and I am pleased to hear another successful result.

Shelley:-)

[up2meears]

Hi Shelley,

 

I am very happy with the result, thanks to this site, and your thread in particular.

 

I wouldn't have had the patience, energy or oomph, to do this without the wonderful support of this site. It's great to read others success stories, as it gives you the encouragement to plod on, but having a success of your own restores the faith and feels great.

 

On to MBNA now

 

Thanks for everything

Up2