BC penalty charges probably **WON** with compound interest**

[hillards]

Just to keep the thread updated, documents posted to Salford today. Keeping our fingers crossed that BC will respond quickly. It's already cost us £115 in court fees

 

So what happens next? The documents get recorded at court, are allocated a case number and dated then a copy sent to BC. They have 14 days to respond. If they do not reply in that time we can apply to the court for judgement (N225). If they decide to defend then we have to fill in a N180 to tell the court more about the claim and it could cost an extra £170 or more, depending on how it proceeds.

 

Just making sure I know what to expect

[slick132]

Hi Hillards,

 

CCMCC Salford will process the claim asap and will inform you of the date of issue. This will dictate the dates by which the bank must acknowledge and defend.

 

Use the time now to research preparation of your court bundle.

 

[hillards]

I've been going over several accounts here today to make sure we're up to date with it all.

 

Just wondering how long to give Salford to respond. Posted on the 2nd June, 1st class, at a Post Office to get certificate of posting but didn't use signed for delivery as the address was a PO Box.

[slick132]

Hi Hillards,

 

RM Signed For delivery is not necessary when sending stuff to the court service.

 

I'd allow 14 days for CCMCC to process the claim and a couple more days for the papers to come back to you.

 

[hillards]

I'd allow 14 days

With remission that's only 9 days, rounded down

[hillards]

Still not had anything from the court ourselves but BC have written to say they have sent an acknowledgement of service dated 11/6 to the court and are preparing their defence. We have been assigned a trainee solicitor as point of contact who is '...investigating the matters raised in your claim...' and advises us to take independent legal advice.

 

When we sent the paperwork to Preston we indicated our local county court as preferred venue, if it went that far. On the BC paperwork they show Northampton, I guess they got that wrong then.

[hillards]

I phoned Salford CCMCC and they say to allow a couple more days, if we've not had our copy by then to write to the court and tell them.

 

Thanks to BC we at least have the case number As they've sent in their acknowledgement they now have until July 11th to submit a defence, or withdraw

[hillards]

Info has arrived from court. Now we have to wait for BC's trainee solicitor to work out if they are going to defend the case or settle.

[slick132]

Hi Hillards,

 

Barclays will defend !

 

SabreSheep's supporting posts about their own case have been removed as we can follow their case on their own thread. Trying to keep this thread less bulky.

 

Edited June 15, 2014 by slick132

[hillards]

Barclays will defend !

Oh Goody - that means I can include things like their original response, which claimed that their charges were fair etc. - but then the SAR revealed that all the charges on the account were £20 !

 

Obviously we're quoting Kleinwort Benson v Lincoln City Council with regard to s32 of the Limitations Act 1980 and Sempra Metals v Inland Revenue Commissioners for interest in restitution.

 

I'm just wondering what defence they can give ?

[brown1950]

Don't worry you will get a Barclaycard template defence.

 

From experience Barclaycard will start to negotiate a settlement with you normally

7 to 10 days prior to the court date. Much like a game of 'Poker' hold your nerve

and you should get back 90% of your claim.

[hillards]

Why only 90% ? I'm pretty sure that they have no defence, all charges being claimed are over the OFT £12 suggested limit, so they are all being claimed back as in hundreds of similar cases. The only things they may quibble about is the level of interest in restitution, but that's also quite well documented as something they allow.

 

With the added documentation from when we did the SAR and they said they had checked and that all charges were fair I reckon that they should just cough up

[brown1950]

Your decision to go into Court with an offer on the table of 90% of your claim ?

[slick132]

From experience Barclaycard will start to negotiate a settlement with you normally

7 to 10 days prior to the court date. Much like a game of 'Poker' hold your nerve

and you should get back 90% of your claim.

 

Barclays Litigation will normally enter negotiations much earlier than that and one can start the negotiation process any time after Directions are given setting out the relevant dates and submission deadlines. Some BC cases have been settled before the CAGger has even needed to submit their court bundle.

 

One should look to get the best result from the claim that you can. In some cases, that will be 100% and, in others, the Claimant may be happy to settle at 90% or less.

 

The charges being over the OFT's £12 suggested limit is not really relevant - you're arguing that the whole of each charge is an unlawful penalty.

 

In any event, let's see how this pans out and we'll deal with facts and events as they occur.

 

[hillards]

Use the time now to research preparation of your court bundle.

OK, so I've been looking and have found lots of threads asking where the basic court bundle can be found, indications are given that it's in the library but I've reached the stage where I've got to give up and ask - because I can't find it...

 

Help ?

[slick132]

Hi Hillards,

 

We appear to have an ongoing problem with the basic bundle.

 

See my PM to you, so I can fwd a copy by email.

 

[hillards]

Hi Hillards,

 

We appear to have an ongoing problem with the basic bundle.

 

See my PM to you, so I can fwd a copy by email.

 

 

Thanks Slick, have replied.

[slick132]

Hi Hillards,

 

Link to the Court Bundle is here as a Word Doc't - http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft&p=4556956&viewfull=1#post4556956

 

I should add that Site Team Andyorch commented - "BTW its very rare that a bundle is required in SCT claims.....more Fast Track now days."

 

We have seen BC (or Barclays Litigation) refund chgs and compound restitutionary int't using this Bundle in the past, but you could maybe reduce the size of it if you wanted.

 

[slick132]

Thanks to Site Team Andyorch for referring to CPR Guidance. See 3.1 to 3.10 here - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39/pd_part39a

 

[hillards]

Thanks to Site Team Andyorch for referring to CPR Guidance. See 3.1 to 3.10 here - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39/pd_part39a

 

Have d/l bundle too. Looks like I've got my homework for a few days...

[SabreSheep]

Conspiracy, Both slick and Hillards double posted today. they = the same person XD j/k

 

Sorry couldn't resist this off topic bit haha

[hillards]

BC were given until July 11th to submit a defence - if they don't, do we just ask the court for a judgement in default under Part 12 of the CPR ?

 

We've not heard a peep out of them since a letter came from their trainee solicitor asking for our email address. I sent them one and explained that we wanted everything in writing by post, but that they could use the email address to send copies in advance if they wished.

 

The court issued a joint form, the top part is the Notice Of Issue, which explains that if the defendant does not reply etc we can send the bottom part back which is the Request For Judgment (that's how they spell it on the form, my spell checker does not like that!). The form allows (if you can write small enough) for amounts to be stated from the original claim, the additional interest since the date of claim, court fees and solicitors fees (if any).

 

What about other costs involved, all the postage, time spent doing the paperwork? - I'm sure there's something about a litigant in person being able to claim a set amount per hour if they don't use a solicitor. All of which can be added on if the case goes to a hearing, but do we really lose out on that at this stage ?

[SabreSheep]

They have till the end of Friday then

 

On Monday phone the ccmcc and confirm if they have received the banks defense.

If the answer is no, wait till monday IMO and then if they still have not, file for summary judgement.

 

However I suspect It will have arrived by close of play Friday

Edited July 9, 2014 by SabreSheep
addition

[hillards]

However I suspect It will have arrived by close of play Friday

Me too, but just checking in. I'm a bit loathe to allow them any extra time, the court have them until the 11th and they have had more practise at getting documents to the court than I have

[slick132]

Hi Hillards,

 

BC will defend by the deadline usually. Check with CCMCC next week and report back.