my Barclaycard charges court claim- *WON + Comp INT**

[Noumidia]

[ATTACH=CONFIG]46823[/ATTACH]

[Noumidia]

oop somthing went wrong

[Guest]

too small

[ims21]

Please follow the guide above in post #22 and convert to PDF

[Noumidia]

Here is the letter

[Guest]

are you happy with that? seems ok? what roughly is the value of your claim? bear in mind your court fees/costs of continuing, its your claim? if happy, accept. or could try and negotiate some more? perhaps this can be done in mediation?

btw, should you be posting that up given its nature?

would it be statute barred? i don't know, others will hopefully confirm that. but, they at least admit the charges.

generally, without prej comms are allowed to be disclosed re assessment of costs but not re liability re the claim itself. but, it is small claims?, so far, which limits claimable costs to an extent. see the cpr re small claims costs part 27 etc. see here re court fees http://www.justice.gov.uk/courts/fees

Edited October 9, 2013 by Ford

[Noumidia]

I am not happy with their offer because their offer is actually bellow than the charges BC charges me over they years (£500).Also BC sold my

A/C to lowell who filed me with a bankruptcy and face them in the court and I won. The A/C is not statute barred because in 2009 they took about £900 from my Barclays current A/C.

[Guest]

ok. didn't know this was re a previous failed bankruptcy petition etc. still though, bear in mind your costs in cf.

perhaps things can be settled in mediation?

ooi, how did your westcot thread turn out?

Edited October 9, 2013 by Ford

[Noumidia]

Wescot got away with it because I went abroad to help the family business for a while as one of my brother was ill for while. Now, I am back again to deal with banks and DC. Thanks for asking.

[Noumidia]

Today, I am sending a letter of rejection to BC litigation team regarding their lousy offer to settle my claim. This is the letter I wrote

 

Dear Ms XXXXXXX

I received your letter dated*XXXXXXXX*including direction questionnaire, small claim mediation service and *your offer's letter. However,your offer falls well short of the sum I am claiming and I must reject it.I am confident that you should refund the charges as set out in my Schedule of Charges, including charges older than*6 years*and compound*interest*in*restitution.I will rely upon s.32 Limitation Act 1980 regarding the older charges on the basis of the case of Kleinwort Benson V Lincoln City Council , and upon the case of Sempra Metals v Inland Revenue Commissioners to justify my claim of compound interest in restitution. Again, this will be addressed fully in my court bundle.However, with regard to an outstanding balance on my Barclaycard account, I will remind you that the account was sold to lowell Portfolio Ltd on the*28/07/11.I will not* agreeable to the refund being set against unless Lowell Financial Ltd agree to it.If Barclays do not refund the charges and interest as set out in my Schedule of Charges (plus further interest to the date), I will continue with court action and, in this connection, l am preparing my Direction Questionnaire ready to File and Serve to the court and to*Barclays*respectively.

I will not agree to confidentiality unless you are prepared to pay for my silence.

I look forward to hearing from you.

Mr XXXXXXXX

NB: Please use the following email for any further correspondence.*XXXXXXXX@gmail. Com

[Guest]

I haven't sent mine tied, I was waiting for them before i make a move, .....

 

imo, do agree to mediation as well. never know, may come to a mutual agreement there.

Edited October 11, 2013 by Ford

[Ganymede]

I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.

 

 

Not sure if this has been covered but Allocation Questionnaires no longer exist.

 

They were replaced on 1st April 2013 with Directions Questionnaires.

[Noumidia]

Yes Ganymede, the allocation questionnaire (N149) have been converted to direction questionnaire (N180).The draft direction needs to be attached to the (N180) form.

[Noumidia]

Barclays increased their offer from £400 to £600 is still far from what I am claiming. It looks like, I have to face them in the court. While I am waiting for the court direction, I need to start preparing my bundle. I need help to prepare my court bundles.Can anyone provide me with appropriate link.

[Guest]

what roughly are you claiming? you said in your post #32 that the 'charges' were 500?

[Noumidia]

I am claiming charges and compound interests in restitution.The charges were made on Barclaycard a/c between 2004 and 2005.

[Guest]

so, how much roughly is your claim? how far short are they? if you don't want to say, then say so. Edited October 20, 2013 by Ford

[Noumidia]

Roughly just over £2,000.I don't mind saying how much, you know well that BB do read this forum that why I don't want to reveal all the all informations.I could PM you if you need sensitive informations.Another point, BC keeps saying that the money should be credited into Barclaycard a/c which they sold to Lowell few years ago and I still have the letter from B/C regarding the sale of the account.

[Guest]

no worries, was just wondering how far they were from your claim.

if they really wanted to positively id your thread they could prob do so anyway, eg from their posted up letter!

they want to offset it, yet it has been sold on? did their a/c terms say anything about offsetting in such circumstances?

Edited October 22, 2013 by Ford

[Noumidia]

What a/c term? The a/c was defaulted in 2006 after that I was paying them £25 a month until 2009 . The a/c was sold to Lowell on

28/07/2011.

[Guest]

What a/c term? .....

i dont know, was asking if there is/was a term re offsetting as it could affect things and the amount the dca is collecting on if you are successful? (banks started to introduce such offsetting terms following ppi etc refunds). otherwise, then could be separate, also as is subject to a court claim?

Edited October 22, 2013 by Ford

[Noumidia]

Yes they mentioned in their offer's letter that any refund will be forwarded into Barclaycard a/c which have an outstanding balance of £770.However, I rejected the offer and disagree to the refund being set against unless Lowell Financial Ltd agree to it.

[Guest]

ok, now we're getting somewhere

how come there is an outstanding barclays a/c? do you mean offsetting a different barclays a/c? if same a/c and it has been sold on, then there should be no barclays a/c to credit?

Edited October 22, 2013 by Ford

[Noumidia]

Is the same a/c and was sold , unless they buy it back again.

[Guest]

so why is there an outstanding barclays balance of 770 if it has been sold on?