BARCLAYCARD **WON** Charges repaid with compound int't and DN removed**

[slick132]

Hmm, I'm not so sure about the court's view on this.

 

I'll seek further input from the site team and well come back about this.

 

[slick132]

Hi SMU,

 

Martin3030 of the site team has said:-

 

Yes I recently did one and it went to Salford.

 

Basically you ask for £xxx and an order for disclosure on the basis that they are in breach of the DPA.

 

In the case I have just dealt with (Barclaycard) the claimant asked for £200 plus the £35 Court fee.

 

Barclaycard, by the way, acknowledged with intent to defend - but have offered to pay the 235 and comply.

 

In this case, the money claim was for £200 being nominal damages resulting from BC's failure to supply the data as required. Despite stating their intent to defend, they paid the damages as claimed plus the court fee AND supplied the data requested.

 

I suggest you go back to the Salford CCMCC office and say that your claim should be dealt with through them, as others have been recently.

 

If they still refuse, you could go with the flow and start the claim in your local CC.

 

[Shelley181146]

Hi SMU,

 

I have been reading your thread and totally understand your frustration with the situation so I will give you a little information based upon my own experience with both the CCMCC and claiming from BC.

 

Last year I submitted a claim to BC for my husband but I had got all the original statements/ T&C's etc so that was quite straight forward.Naturally, I went through the usual rubbish with them playing electronic ping pong but they caved in at the end, and that was after a little extra fight when they wanted to 'off-set' my claim against a DCA account - I won hands down.

 

Now earlier this year some 'idiot' of the Government decided to Centralise all the County Court work into one place and with effect from 19th March 2012 local courts do not deal with ANY money claims, they are all sent to Salford in Manchester.

 

So,it then became my turn to claim and because I did not have the statements for my old account with BC I had to send SAR to obtain the information, and like you they sent me reams of print outs which didn't tell me much. I was left with no option but to take them to court for non disclosure.

 

Some county court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

 

BRIEF DETAILS OF CLAIM (On Front of N1)

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

 

NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. Of course, the fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced. If you are exempt from fees let me know and I will explain what you have to do.

 

I took them to court for non disclosure and they ended up providing me with the data they held in excess of 10 years old AND my expenses together with nominal damages which totalled just over £200.

 

I have now started two new claims with BC based on the information they sent me. One for 'Unfair Charges', the other for PPI.

 

Feel free to read my threads. I have encountered difficulties with the CCMCC and it has been stressful at times but I am like a dog with a bone - won't let go until I get what I want. Remember: Staff at the CCMCC are not legally trained and can offer no advice.

 

As Slick explained in post #27 Barclaycard will state their intent to defend the case but under duress will pay your claim AND supply the missing data.

 

So long as you ensure your documents are drafted and filed correctly then you should go for it.

 

Stay strong and keep your thread upto date so you can receive relevant advice along the way.

Regards

 

Shelley

[shutmeup]

I went to my local county court today and was told i had to send it to Manchester!!!

 

I've phoned Manchester twice now and they told me its a local claim and my local court has told me its not!!!

 

So i've sent it all to Manchester today and i'l wait to see what happens next.

[Shelley181146]

Hi SMU,

 

When you telephoned Salford may I ask how you described your claim? More importantly, did you send it by recorded delivery?

 

It is frustrating because I have had disgusting problems with Salford. Problem is, it is a call centre and the staff are not trained.

 

Essentially, you are still submitting a 'money claim' so it will be Salford that deals with it.

[shutmeup]

Hi Shelley,

 

Yes i send everything recorded delivery now.

 

When i phoned Salford i told them the claim was for information about my account and a nominal fee for costs and was told they only deal with purely money claims. But my local court said it has to go to Manchester like Slick said earlier in the thread so i've got to wait and see what happens now!

[slick132]

Hi SME,

 

The problem may be that you should have said you are suing for nominal damages for SAR non-compliance plus the order to supply data.

 

They may have taken your description to suggest it is NOT a money claim.

 

But wait for now and see what transpires.

 

[Shelley181146]

Hi Shelley,

 

Yes i send everything recorded delivery now.

 

When i phoned Salford i told them the claim was for information about my account and a nominal fee for costs and was told they only deal with purely money claims. But my local court said it has to go to Manchester like Slick said earlier in the thread so i've got to wait and see what happens now!

 

Hi SMU,

It sounds like you did what I did initially, which is natural because you explained to the courts and the CCMCC what it is you are wanting to do - however, like Slick has said, it needed to be said the 'other' way around. Claiming nominal damages (money claim) with the non compliance order attached.

 

Anyway, like I said earlier, my experience was that on submitting my claim into CCMCC they dealt with it and BC paid up AND I got the outstanding data I needed for my claim.

 

Be advised: It is a lovely feeling when you get what is rightfully yours'.

[shutmeup]

Well that was quick!

 

Received my missing statements from BC today, i think they must have sent them in reply to the LBA i sent a few weeks ago as i haven't been sent anything from the court yet. I have to wait until the court claim has been processed before i can discontinue it.

 

Adding up the charges using 29.9% interest comes to over £4000 and if i was to add 8% court interest later i think would push it over £5000, so would i have to add the 8% when issuing a claim or could i just leave it?

 

Pre lim letter going off to BC tomorrow!

[slick132]

Hi SMU,

 

This is good news about the supply of data. If you can contact the court to confirm the claim is no longer, you may avoid it being sent and get your court fee refunded.

 

If the claim has already been processed, you should write to Barclays and say that your court claim was issued due to their failure to comply with your SAR in a timely manner. Accordingly they should settle your court costs incurred to date amounting to £xx. I suggest you forget the claim for nominal damages but that's up to you.

 

If you claim 29.9% as the nominal rate for restitutionary interest, you should not then claim 8% on top of this. But you will claim 8% s.69 Statutory In't from the date of claim up to settlement. This will avoid the need adjust any figures.

 

I normally suggest claimants against BC use 24.9% as this is easier to substantiate if the case goes to court. Again, the choice is yours.

 

[slick132]

Before you file your claim for the charges, see here - http://www.consumeractiongroup.co.uk/forum/showthread.php?173450-Use-the-right-name-when-Filing-against-BC

 

[shutmeup]

Hi slick

 

I didn't have to pay a fee as i'm on JSA at the moment, when i spoke to the CCMCC earlier i was told i cant cancel the claim until its processed as they didn't have any details.

 

If you claim interest in restitution, say 24.9%, do you not claim the stat interest from each date of charge then, just on the whole amount from date of claim?

 

The main thing i wanted from this was to try and get a Default removed. I was Defaulted for £650 and the charges total £640 so hoping i can now argue for it to be removed.

Edited October 25, 2012 by shutmeup

[slick132]

Hi SMU,

 

You will have to wait for the court to process the claim and then discontinue it by writing to the court saying it is no longer necessary.

 

You either claim the charges plus simple Stat'y Int at 8%, or

 

Charges plus Restitutionary Int at 24.9%. Claiming 8% Stat'y Int on top could be regarded as undue enrichment.

 

Getting the default removed may prove to be the hardest element of your case. Barclays will not do this voluntarily so include in your claim your requirement for the removal of the default, on the basis that, had the penalty charges not been applied, the a/c would not have been in arrears to the extent it was. Additionally, the default amount must be incorrect due to the inclusion of unlawful penalties in the default notice.

 

[shutmeup]

Undue enrichment, those are the words i was trying to think of earlier!

 

It seems strange to me that i could ask the court for BC to pay me back charges, plus interest, and i haven't even paid BC some of these charges as they sold the account on. So i'm making a claim for money that i never paid in the first place!

 

Although i do still owe the money to a DCA so i suppose i would end up paying the charges eventually.

[slick132]

Your a/c balance, even if unpaid, includes interest at the contractual rate that's been charged on the penalties.

 

So, to put this right, you're claiming compound restitutionary int't on the penalties and the total of penalties and int't will either :-

 

1. Be set against the a/c balance to reduce what you have to pay.

 

Or, less likely these days..........

 

2. Be repaid to you direct leaving you to settle the whole of the existing a/c balance.

 

More info is in the Interest Tutorial linked in my signature.

 

[shutmeup]

Thanks for explaining that.

 

Thats the only thing i've been worried about was standing up in front of a judge trying to justify my case.

 

As you suggested earlier i've gone with the 24.9% which still comes out at over £3000 and will be sending my first letter off to BC tomorrow.

 

I was hoping to bribe the DCA into removing the Default but if BC buy the debt back to offset i shall just keep on arguing with them to remove it!

[shutmeup]

So Barclaycard have rejected my pre-lim letter stating they believe their £12 charges are fair, even though half of the charges are double, and in one case, nearly 4 times that amount!They received my LBA 3 weeks ago and have failed to respond so i'm now going to start court action.I'm using the template in the library to fill out the N1 but looking at it the current terms and conditions on there are from 2007. Does anyone know where i can find up to date conditions to use as after making CCA and SAR requests i never received any?

[Shelley181146]

You will need to refere to the T&C's which applied to your account at the time it was opened/ running during its duration.

 

When did you open the account and how long was it running? If the account fell into default, when was this?

[shutmeup]

Hi Shelley,Ah right that makes more sense!I opened it in 2003 and Defaulted in 2009. I've got the T+C's from when i opened it. Is the point of claims in the library still ok to use for filling in the N1 as i noticed it quite a few years old?

[Shelley181146]

Let me have a look at what I used last year with B/C and compare it with the library version and I will come back to you shortly.

[Shelley181146]

The only amendment I made to my N1 claim was 8(d) as follows;

 

(d) ) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The default charges Apr 2002 – Jun 2002 were £15.00, Aug 2002 – Nov 2002 was £20.00 & Jun 2004 – Dec 2004 was £24.00.

 

That was the only amendment I made to my N1 claim and they caved in and we played electronic 'ping, pong' for awhile until we agreed.

 

You must ensure that you are completely confident with its contents before submitting it because you may have to defend your actions within your PoC.

[shutmeup]

I've just been reading your thread where you altered that part of the claim, starting to make bit more sense now.

 

It does seem overwhelming trying to understand some things but it seems to come together when writing it all out.

 

 

I'm claiming interest in restitution so how does it work where it says about claiming stat 8% interest?

 

 

Do i not claim that, claim it from date of each charge or start claiming it from the day i submit this N1 form?

[Shelley181146]

What have you claimed within your pre-lim and lba letters? Have you done the spreadsheet with the calculations from the interest you were charged monthly on your statements?

 

I understand interest in restitution but I find it difficult to explain - your best bet is to ask site team member ims21 or Andyorch or Slick. I wouldn't want to mislead you.

 

They may have already explained it in my B/C thread somewhere.

[shutmeup]

I used 24.9% on each charge on the spreadsheet not the interest they were charging.

 

Reading back through this thread Slick has already answered about the stat interest so i've set the last section out as -

And the Claimant claims

(1) A declaration that thesums totalling £640 have wrongly been applied to the Account

(2) Payment of the said sum of£640 and interest in restitution of £2561 as per the case of Sempra Metals vInland Revenue Commissioners.

(3) Interest under section 69of the County Courts Act 1984 at the rate of 8% per annum from the date ofclaim until judgment or sooner payment.

(4) Court costs of £100. (not sure if i can claim costs as i dont have to pay the fee's but if i have to print out 3 bundles of everything thats going to use a lot of ink and paper!)

[Shelley181146]

Item (4)

I also do not have to pay the court fees but what I have done is an additional spreadsheet setting out exactly what costs I have incurred. Just to name a few;

 

Stationary, including ink

Postage (recorded deliveries etc)

Litigant in Person can claim £18 per hour for their time dealing with the case (researching and preparation) but don't be greedy

That may well come to £100 but at least you will be able to explain how you have arrived at the figure claimed.

 

In respect to claiming 24.9%, what was the rate of interest they were charging you?

 

B/C haven't answered my latest claim either so will be chasing them soon myself.

 

Stay strong