Old Egg Card / Now Barclaycard

[FrancisFamily]

Hi Slick

 

I spoke to iQor on Friday and they offered the discount then.

 

Just to clarify 100%, if I was to offer them the £600 as full and final settlement on the Egg card, can I assume that the Barclaycard claim for charges could not be impacted as it is a separate account? Also if I did settle with The Egg card now as full and final settlement would the claim for Egg charges be thrown out as the Court would see the account, the claim and all other matters resolved?

[slick132]

Hi FF,

 

If you settle the Egg card at anything less than the full amount, it will show against your CRA for the next 6 years. Stop speaking to iQor as this may simply muddy the waters. Focus on the court claim. If iQor call you, tell them the a/c balance will be settled in full shortly and they cannot speak to you further in the matter.

 

As BC own both the BC and the Egg a/c's, they are within their rights to set off a refund on one card against a balance owed on the other.

 

Also, if the Egg card is settled in part or in full from penalty charges on that a/c, you can also demand the removal of all adverse CRA data, on the basis that such data includes penalty charges and is therefore inaccurate. Same goes for any CRA markers re the BC a/c.

 

Edited July 21, 2013 by slick132

[FrancisFamily]

Hi Slick,

 

Thank you for clearing that up. If the original default was May 2007 and having checked my Noddle credit file the account is no longer showing, would a new entry be put on my file for partial settlement?

 

The only reason I spoke to iQor was to confirm that the PPI refund had been deducted from the account, but if ever I speak to them I always ask if there is a settlement figure just in case I catch them on a good day lol.

[slick132]

Would a new entry be made for the partial settlement - probably not but, in any event, I still say leave this and settle the a/c from the charges reclaim.

 

[FrancisFamily]

Thanks Slick, I assume that I should continue to pay my normal monthly payments of iQor to prevent any risk of adverse information being added to my credit file.

 

Also, do you know how long it takes roughly from the time that the Courts received the AQ to a court date being set?

[slick132]

Hi FF,

 

CCMCC must close the case in their offices and sent the papers off to your local court.

 

I suspect it'll be 4 to 8 weeks before you get Directions from the new court.

 

[FrancisFamily]

Thanks Slick,

 

Barclays have now offered settlement in full of the smaller claim and 8% interest on the 1st £12 of every charge and 19.4% on the remainder of the charges on the larger claim.

 

To me this suggests that in time they will settle in full on larger claim as well. Any suggestions as to how I should reply?

 

Unsurprisingly they want the smaller claim to be deducted from my existing claim.

[slick132]

Hi FF,

 

Please confirm that you did make 2 separate claims (to save me going back through the whole thread).

 

You cannot assume they will do anything for certain but, based on my experience Barclays Litigation, you should accept the offer to settle the smaller claim, so that claim is settled by agreement.

 

Reject the amount offered on the larger claim on the basis that their offer falls significantly short of the amounts shown on your Schedule of Charges.

 

Bear in mind that you may have to prepare and submit your Court Bundle before Barclays agree to settle your claim in full and, even then, they may make you wait until just before the final hearing.

 

So you should use your time now to get your bundle (evidence) together on your computer so that, when you need to print and paginate, it's all there ready in one file.

 

If you want, I can send you the CAG Basic Bundle which is a good starting point but you'll need to source and add references to Sempra and Kleinwort Benson.

 

Unsurprisingly they want the smaller claim to be deducted from my existing claim.

 

Do you mean they want to set the refund against your existing a/c balance owed to BC. If so, you need proof that they still own, or they have repurchased the debt from any subsequent owner.

 

[FrancisFamily]

Hi Slick,

 

Yes the smaller claim is for three egg charges and the larger claim is for Barclaycard charges.

 

I agree that the best option is to accept the offet on the smaller claim - its is actually for more than I initially claimed.

 

I owe approximately £1000 on the Egg and defaulted on it seven years ago - so it has already fallen off my credit file.

 

Both Barclaycard and iQor say Bc own the debt. Two months ago iQor offered a settlement figure of £600 which I could pay now prior to accepting the settlement.

 

If you could send the basic pack that would be fantastic

[slick132]

OK, I'll sort that later.

 

[FrancisFamily]

At the moment I haven't got a court date. Also if my Dad for example was to make a full and final settlement to iQor on my behalf coyld this have any impact on either case or my credit rating?

[FrancisFamily]

I have just been advised by BC litigation that the debt was sold by BC on the 23rd July 2013 so they are withdrawing their offer and will therefore pay me directly and send revised offers.

[slick132]

At the moment I haven't got a court date. Also if my Dad for example was to make a full and final settlement to iQor on my behalf coyld this have any impact on either case or my credit rating?

 

Stick to the advice I gave in post #77 and stop talking to iQor.

 

Let us know the terms of the revised offers.

 

[FrancisFamily]

Thanks Slick,

 

I haven't spoken to them in a couple of months, and it is largely irrelevant now as it was only to try and benefit from the discount offered previously lol. As Barclaycard don't own the debt and will pay me directly this is no longer an issue

 

The only reason that I know there is a change of ownership is because BC Litigation advised me of this in an email today

[slick132]

Ok but I expect that settlement of the debt, whether it is sold or not, may well be brought into the settlement negotiations.

 

[FrancisFamily]

Ok Slick I guess you are probably right but I will leave that battle for another day .

[FrancisFamily]

Just to clarify, BC wrote to me to advise that they are withdrawing their initial offers whereby they would clear my outstanding balance on the defaulted credit card and pay me the balance as the debt has now been sold on and will pay me directly.

 

I intend to accept the settlement figure for the smaller Egg claim as this exceeds the figure that I requested and continue with the Barclaycard claim. I will today be posting my acceptance terms, with the confidentiality clause removed today, stating that I will notify the Court once payment has been received .

[FrancisFamily]

Ok, hyperthetical situation, a Bank settles one claim in full, but not the second one (both for charges), and you feel that they were wasting yous and the Courts time as you believe that they will eventually settle the second case in full as per the first case.

 

If you have only claimed for the charges and interest in restitution, can you make a request to the Court to increase the claim, to include you research time and costs e.g. postage / SAR fee?

[slick132]

Hi FF,

 

It's the banks prerogative to settle a claim at any given time, or not.

 

If you feel they have put you to unnecessary time and expense taking a case however far, you can seek reimbursement of your costs including research and preparation time at £18/hour, copying and printing costs, phone calls and postage.

 

This may be decided by a judge if the case gets that far but the costs awarded will depend on your claim being successful.

 

You'll find this topic covered in some of the BC **WON** cases.

 

[FrancisFamily]

Thanks Slick, that's good to know, sorry for the long delay in replying but I have been on holiday.

 

Would it be the case that I would right to the Court requesting the expenses, I am thinking along the lines of : -

 

£360 time - including research and completeing of forms ets.

£10 Sar Fee

£20 Phones calls - all have been from my moblie.

£15 Stationary / Postage

Totalling £405.

 

I am just concerned that if i haven't requested them from my claim that it will be difficult to justify them at the settlement stage. E.g. it could be perceived as me rejecting a settlement figure equal to the claim - should they offer to settle in full prior to the court date.

 

I am also a little concerned as I still haven't heard anything from the local court, so need to chase them.

 

Thanks, FF

[slick132]

Hi FF,

 

Too early yet to write to the court about your time and expenses claim.

 

Keep track of any further time reasonably spent on the claim on a spreadsheet, for future use.

 

In the meantime :-

 

1. Send the list of expenses to Barclays saying you have spent time on research, etc and have incurred expenses dealing with the claim so far. Enclose a list as above and ask that they take this into consideration when dealing with settlement proposals. You can also ask them if they would like to confirm how they intend to settle the two claim as you expect the court to issue further directions shortly.

 

2. Contact your local court and ask if they expect to issue directions soon for each claim.

 

[FrancisFamily]

Thanks Slick,

 

I only have one case, the other "no longer exists" .

 

Part of my reason for wanting to push the expenses is that I believe that as shown in a number of cases Barclays have settled in full prior to the Court case (not mentioning any specifics). Therefore it is my belief that they are delaying this case for no good reason. E.g. if they had a solid defence they would use it in all cases.

 

Cheers,

 

FF

[slick132]

Ah ok. Post #92 now makes better sense after what you've just posted.

 

I'm sure you're right. Barcays Litigation use the court process to their advantage until they see a claimant is strong enough to take their case all the way, including the preparation of court bundles and a final hearing in court.

 

Send them the list and say that it will be updated as necessary to reflect ongong time and costs spent in preparation for court.

 

[FrancisFamily]

Ok, so latest offer is for the charges to be split, first £12 with interest @ 8%, balance of charges above £12 paid with account interest at 22.9%, plus and additional 8%, plus another 8% on the total interest and charges, however, the interest rate does not include interest on the interest.

 

I believe that I am claiming on the profits made by BC. Therefore each month they would relend out the money borrowed plus the interest made the previous month - so their profits would include the profits made on the interest relent each month. Have other people had this issue? If so how have they fought it?

[slick132]

Hi FF,

 

As per my more detailed msg to you, I personally would reject the offer and hold out for a offer based on your spready.

 

Your claim for restitutionary interest is sound and the offer made by them is poor.