Ready to have a go at Barclaycard! now received CC Claim for full amount

[slick132]

The LBA is simply your Prelim Claim letter used again but with the heading LETTER BEFORE ACTION in the heading.

 

[Smoothound]

Not done a lot currently as my wife has been quite ill and I haven't had the time to put together my LBA

 

I have had a letter from Mercers in the meantime accepting my £1 a month and advising me that providing I continue to make payments by the correct date each month the account will attract no more fees or interest!!

[BRIGADIER2JCS]

Not done a lot currently as my wife has been quite ill and I haven't had the time to put together my LBA

 

I have had a letter from Mercers in the meantime accepting my £1 a month and advising me that providing I continue to make payments by the correct date each month the account will attract no more fees or interest!!

Sorry to hear of your wifes illness, hope she is better now!

 

At least the payment arrangement is in place and working.

 

My offer of help still hold should you need it.

[Smoothound]

Sorry to hear of your wifes illness, hope she is better now!

 

At least the payment arrangement is in place and working.

 

My offer of help still hold should you need it.

 

Yeah she's better now but its a long term thing so ongoing

 

Any help always greatfully received Brigadier

[slick132]

Hi Smoothie and I hope Mrs Smoothie is doing ok.

 

You can send off the LBA whenever you're ready to resume the claim.

 

[Smoothound]

Hi Smoothie and I hope Mrs Smoothie is doing ok.

 

You can send off the LBA whenever you're ready to resume the claim.

 

 

Thanks Slick.

 

When you say anytime I'm just wondering about the comment in their reply to my original pre spread sheet letter requesting the repayment of charges? They said that it was their final response and I could contact the FOS but had to do it inside 6 months of the date on their letter?? Having just reread the letter I also notice they say that the £12 charges are in their opinion fair but no comment about the £25 ones

[slick132]

If you've not yet sent an LBA, do so now as it is part of the Pre Action Protocol set out in the CPR's.

 

It doesn't matter what they said when they refused to refund in response to your first letter.

 

[BRIGADIER2JCS]

Hi Smoothound,

Taking a look through the thread as per your PM.

[Smoothound]

Thanks for taking a look Brigadier. Apologies for not replying sooner but I had a few issues to sort this end

[Smoothound]

Any thoughts?

[slick132]

Hi Smoothie,

 

Not sure what thoughts you're expecting.

 

The only time Barclaycard will take you seriously is when you file a claim at court to reclaim the charges and resitutionary interest.

 

If you have not yet sent the LBA, do so now as you should go through the correct procedures before you file a court claim.

 

[Smoothound]

Hi Smoothie,

 

Not sure what thoughts you're expecting.

 

The only time Barclaycard will take you seriously is when you file a claim at court to reclaim the charges and resitutionary interest.

 

If you have not yet sent the LBA, do so now as you should go through the correct procedures before you file a court claim.

 

 

 

It was more aimed at The Brigadier Slick. He was going to give me some pointers for my LBA

[slick132]

Noted but the LBA is quite simply a formality to be sent before you proceed with court action. It should be a repeat of the Prelim Claim letter and requires nothing more than the extra heading of "Letter Before Action", and an update of the figure claimed to show your increased interest amount.

 

BC will not bother about proposals in your LBA. They'll either refuse whatever you propose or they'll ignore the LBA completely.

 

From experience, I'd say nothing will happen until you file the claim.

 

Edited August 4, 2013 by slick132

[Smoothound]

LBA has been sent off. Just original letter with revised figures and additional heading as you suggested Slick.

 

I've had a letter this morning from Barclaycard advising me they have transferred the debt to IDR Finance UK Ltd and not to make anymore payments of £1 until I have been contacted by them with the relevant bank details. Doesn't look like a proper letter of assignation though, a bit cobbled together!!

[slick132]

Hi Smoothie,

 

If the DCA contacts you seeking payments, you can send them a CCA request and also tell them the a/c balance is in dispute due to the disputed penalty charges that are shortly to become the subject of litigation against Barclays Bank PLC t/a Barclaycard.

 

[Smoothound]

Apologies for dragging this back to the top but as it has sort of progressed I thought it was time.

 

I've been ill and let things slide a bit. I never made any payments to IDR and

 

I have this weekend received a claim from the court for the full amount.

 

I am now unsure whether it is worth acknowledging service and counter claiming the charges that Barclaycard refused to pay

and I didn't pursue via the court or just roll over and offer them a monthly payment

[slick132]

Hi Smoothie,

 

You should ALWAYS acknowledge the claim. See this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Please remind us, approx how much is claimed for the a/c and approx what was the combined total of your penalty chgs plus compound int't.

 

[Smoothound]

Yeah I know I have to if I'm counterclaiming or defending but if I just accept it and fill in the form I don't have to is that not correct?

 

My spreadsheet calculates the charges plus interest should get me around £3500 and they are claiming for £2900 ish

[slick132]

Hi Smoothie,

 

Send in the Acknowledgement in on time stating intent to defend in full. This buys you extra time to consider your options carefully.

 

Have you opened the spreadsheet today or recently to check the compound interest, as it updates when you open it to give you a current figure.

 

If you get a CCJ against you for this, is that a worry for you, or are you not too bothered about it.

 

[dx100uk]

just remember IDR are LInk {DCA]

 

speculative spoofers at the best of times that will only usually touch cases other would never go near

hoping for a default uncontested judgement.

[slick132]

Discussed with Site Team Andyorch.

 

You have 2 options after sending in the AoS and saying you'll defend in full :-

 

1. Defend stating that the amount claimed is exceeded by the amount of penalty charges and interest and there should be a net refund due to you of approx £xxx.

 

2. Make a counterclaim which you'll pay for unless you get fee remission for the full amount of chgs plus int't.

 

I think the former option will suit you better.

 

[Smoothound]

Yes those figures were based on opening the sheet yesterday. There are a few charges of £20 and the rest are £12. Although the £20 charges add up to around £1500 on their own.

 

As you say my best option would be option 1 but either is quite a scary thing for me! Getting it all right for the court and laid out in legalese if you see what I mean

 

Thanks for your help so far obviously

[SabreSheep]

JUst keep this thread updated and follow the advice.

 

Look at it this way. IT IS GOING TO COURT

 

so you may as well do it ON YOUR TERMS and get your money back. If you do not address this you will be facing a ccj.

 

If you had followed previous advice that N1 would nto have been issued to you now. So, get stuck in, ask questions and follow the advice you have been given and you shall get to the end of the tunnel

[Smoothound]

JUst keep this thread updated and follow the advice.

 

Look at it this way. IT IS GOING TO COURT

 

so you may as well do it ON YOUR TERMS and get your money back. If you do not address this you will be facing a ccj.

 

If you had followed previous advice that N1 would nto have been issued to you now. So, get stuck in, ask questions and follow the advice you have been given and you shall get to the end of the tunnel

 

 

Yeah I know that but it is daunting and extremely complicated to me and then illness too

[slick132]

Hi Smoothie,

 

You can only try your best, and we'll help. However, you need to do this yourself and stick to the timescales given through the court process. We can guide you but we cannot do it for you.

 

There is no Legalese involved - just keep to plain and simple English.

 

What's the date of issue of the court claim - this dictates the dates for you to Acknowledge and to file your defence. See the guide in post #92 above.