Old Egg Card / Now Barclaycard

[FrancisFamily]

So is this the form that I need to complete: -

 

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338

 

And send it in the post rather than electronically.

 

Should the "Brief details of claim" be very bried, i.e. just something along the lines of "I wish to relaim credit card charges that were wrongfully applied to my account." on the basis that the full details are in the "Particulars of claim"?

 

Would I then just attach a copy of the spreadsheet and send three copies of the form and spreadsheet as well as payment for the claim? With all the case study material to be produced once I have received instructions from the Court?

 

I know I must be coming across really stupid, but I am just paranoid that I will get it all wrong!!

 

Many thanks.

[slick132]

Hi FF,

 

Yes the form is downloaded from the link in the first section about Form N1.

 

Brief Details of Claim are :-

 

Money claim for return of penalty charges and associated interest charges applied to the Claimants credit card account by the Defendant on the basis of a mistake because they are either a penalty or because they are invalid under the Unfair Terms in Consumer Contracts Regulations 1999.

 

This will be expanded fully in your PoC's in due course.

 

Your Q's are certainly not stupid. In fact, since the recent changes which involve the new CCMCC office, I'm not entirely sure of the process for starting your claim.

 

However, my understanding is that you send the office your N1, the SOC and the POC's plus 2 copies of each so there are 3 full sets.

 

They'll stamp the doc'ts and send a set back to you, a set to the bank and keep a set on file.

 

[FrancisFamily]

Thanks Slick,

 

Everything is now in an envelope ready to be posted at lunchtime .

 

Can I use the same POC for my Egg charges, the account is now owned by Barclaycard?

 

Many thanks.

[FrancisFamily]

I think I might have made a slight error, in that I have now sent my claim, but having paid by postal order, the cost of a £120 postal order is £132.50. Should I have been claiming back the additional £12.50 cost incurred by myself? Also I didn't include any costs for the SAR other postage stationary, time etc. should I have added this anywhere? If so, is there any option to amend the claim accordingly?

 

I have already received £300 additional money back for the delays in sending me SAR info and inconvenience caused under my PPI claim so I would not be completely out of pocket, but just frustrated over the principle.

 

Many thanks

[slick132]

There may be scope to reclaim the full cost of the PO's when you come to settle with Barclays.

 

See how it goes.

[FrancisFamily]

Thanks Slick,

 

Which POC should I use for the Egg claim, as the debt is owned by Barclays? Also my account was opened in 2004 with the majority of charges being in 2005 before the account defaulted. The Egg T&Cs quoted in the Egg POC are from 2007, will this also have a bearing?

 

Many thanks as always

[slick132]

Hi FF,

 

Use the Egg PoC's but adapt them carefully throughout as necessary to reflect your own case.

 

At the start of the PoC's and on the N1 and any other documents that carry the title of the Claim, you'll refer to the Defendant as Barclays Bank PLC t/a Barclaycard.

 

You can start off the PoC's as follows :-

 

1. The Claimant entered into an agreement (“The Agreement”) with Egg Banking plc on or around xx/xx/xxxx, who was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ( The Account).

 

2. The credit card business of Egg Banking plc was purchased by Barclays Bank PLC t/a Barclaycard during 2011, hereafter referred to as the Defendant.

 

Renumber the PoC items as necessary after this.

 

Use the PoC's as per the example and don't worry about the T&C's date.

 

[FrancisFamily]

Thanks Slick,

 

Both letters sent now, let the games begin!!! Lol

[FrancisFamily]

A quick update, a week ago I received the acknowledgement from the Court and BCs decision to defend the case. They have now emailed me their defence which was received on Thursday evening, and on Friday I received an offer for all charges to be refunded (all of which are over 6 years old) and simple interest at 8% plus my Court fees. I'm still going for interest in restitution though. I guess I should respond to the offer - even if they have put the wrong name for the claimant lol.

[shutmeup]

That's quite a decent opening offer. My first offer was for only charges applied within the last 6 years and no interest at all.

 

Keep going though. I turned down 4 offers before accepting.

 

Always double check everything as I would get used to them putting the wrong name on things. I think BC litigation either hire people straight out of school or are not that bothered about paperwork being correct.

[FrancisFamily]

Yeah, I know that won't be the one and only offer, and I'm confident in my case . Mind you, I think they are probably sending out so many templated letters that it can be easy to miss one of the details. Thanks for the motivation. I guess I put them in a difficult first offer position, as they couldn't really say they would only refund the charges between years 8 and 10 years lol.

[slick132]

Hi FF,

 

Good news so far.

 

Try to be objective at every stage when considering offers and negotiating.

 

Don't assume it'll be a walk-over for you as you're claiming two things that Barclays Litigation will want to avoid paying - charges older than 6 years and compound restitutionary interest.

 

See this thread where court action and negotiations are at a more advanced stage - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard

 

If you haven't subscribed to the thread, do so using the "subscribe to this thread" facility above the first post of any page on the thread. If you've not read through the whole thread, please do so.

 

[FrancisFamily]

Thanks Slick,

 

I responded on Monday, thanking them for their offers, but stating that I still feel that I have a strong case for interest in restitution.

 

I have to admit, being a fan of "Suits" and "A Few Good Men", part of me would be quite excited by the prospect of actually having my day in court.

 

It will be interesting to see how long BC take to respond to my email, I am guessing that it may be a little while.

 

Should I expect to receive a copy of the defence from the Court? So far I have only received the emailed version, direct from BC.

 

Many thanks as always

[slick132]

Hi FF,

 

BC may be in no great hurry to reply as they'll be happy to let the court process continue to see how far you're prepared to go.

 

Let us know how things develop.

 

[FrancisFamily]

Thanks Slick to be honest I'm quite surprised that I received an offer this quickly but fortunately I am in a position where I am happy for them to take their time and keep adding interest to the claim.

Should I be surprised that I haven't received any further information from the Court regarding the defence?

[slick132]

Once the defence is received by the CCMCC offices, they will transfer the claim to the appropriate local county court.

 

In the majority of cases we see here, this will be the court that's local to the Litigant in Person if they are up against a bank.

 

[FrancisFamily]

Thanks Slick, it was more a case of being concerned that I hadn't received anything from the Court advising that a defence had been filed and worrying a little that something requiring a response from me had got lost in the post.

[FrancisFamily]

I have now received a copy of the defence from the Court and they have requested that I return a Small Claims Directions Questionnaire. Is the fee based on value of the claim, as one is requesting a fee of £40 while the smaller claim is not.

 

I still can't quite get my head round the fact that the first part of the defence is : -

 

1. Barclaycard is a trading division of Barclays Bank PLC and is not a legal entity in its own right.

 

As the case is between Me and Barclays Bank Plc T/A Barclaycard, what are they attempting to prove here???

 

Is there anything that I need to be specifically aware of in this situation? I'm guessing that it is pretty much standard text.

 

 

Thanks

[slick132]

Hi FF,

 

I guess they've used a defence template which addresses cases where the claimant has incorrectly named BC as the defendant.

 

DQ fees are based on the claim's value, hence the difference as you correctly suggest.

 

The DQ should be simple enough but shout if you're not sure.

 

[FrancisFamily]

Thanks Slick,

 

I email BC to advise them that I would be returning the form and £40 fee, but giving them a window to make a revised offer to me.

 

Just to confirm and having seen their copies, would I be right to agree to mediation in both cases?

 

Many thanks FF

[slick132]

Hi FF ,

 

I wouldn't email BC at this stage. They'll be informed about the DQ submission. Otherwise, they may see you as being inexperienced and too keen to stop the court action. If the email's already been sent, no matter.

 

Yes, agree to mediation.

 

[FrancisFamily]

Thanks Slick,

 

I guess I jumped the gun bit and will wait for your response next time.

 

I received a revised offer up by 30% - what they actually offered was to clear my outstanding debt on the Egg card and refund my Court costs including the Postal Order Fee which I had highlighted in my previous response to their offer.

 

Can they force me to accept a single settlement for the combined claim and therefore insit that the money reclaimed from the Barclaycard account be used to pay off the Egg card debt? Incidentally the EGG card was defaulted over 6 years ago, and has therefore fallen off my credit file (I currently pay back £18 per month, so should clear it in another 5.5 years lol), but I would like to clear it.

 

They gave the usual "we don't agree with your legal view point" text, so I just replied that I still have the same legal opinion and that I will file the AQ and continue my legal action.

 

That said, I think you are right and I should leave it to them to make the next move, or just wait for my big day in Court .

 

FF

[slick132]

Hi FF,

 

Can you confirm :-

 

1. Approx what is the total claim amount including chgs and int't.

 

2. What amount(s) remain owed to BC and/or to Egg a/c's.

 

3. Was any account for which money is owed sold to a 3rd party, or are the a/c's still with BC.

 

[FrancisFamily]

Hi Slick,

 

1. The Barclaycard claim is £3700 and the Egg one is about £400.

 

The Barclaycard was closed in 2005 with a zero balance. The outstanding balance on the Egg card is £1000.

 

The Egg account is still owned by Barclaycard and I pay via iQor £20 per month.

 

Incidentally they have iQor have offered a settlement figure of around £600 if I was to pay that would it have an impact on my charges claim?

[slick132]

Hi FF,

 

Thanks for that info - saves me trawling back through the thread.

 

In reply to your Q in post#72, this is YOUR claim and BC cannot force you to accept anything you're not happy with.

 

I doubt any lower settlement figure would be accepted by BC or iQor whilst the claim is active.

 

My personal inclination would be to reject the offer. I think you should look to come away from this with some cash, as well as the Egg card debt being settled in full.