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

[slick132]

Hi Hillards,

 

I've moved your post to the BC forum as it deals mainly with BC penalty chgs, as opposed to PPI.

 

BC are only likely to provide data going back 6 years unless you take court action seeking older data.

 

If this older data was held by Egg, Monument or another pre- Barclaycard company, it may be necessary to contact them if they still have an admin address.

 

You need to get as much of the older data as you can, before making your formal claim for refund of chgs and compound interest. When BC refuse to pay, or they offer to refund some lesser amount, that's when you take court action against Barclays Bank PLC.

 

[slick132]

I've seen many successful BC claims using compound restitutionary interest at a nominal 24.9%.

 

You should reclaim the full amount of every penalty charge including the later £12 ones.

 

If you already have data going back to 2004, I'm doubtful you will get BC to produce anything older than that, TBH.

 

[slick132]

Hi Hillards,

 

From what you say, I would concentrate on reclaiming based on the data you have. Seeking older data using court action to force disclosure may not succeed, especially when BC can say they never held the older a/c data.

 

As all of the chgs you want back are older than 6 years, you will have to mention s.32(1)© Limitation Act 1980 in your POC. You will also have to refer to Kleinwort Benson v Lincoln City Council in your court bundle.

 

Re restitutionary int't, you can refer to Sempra Metals v Inland Revenue Commissioners in your POC and your court bundle.

 

See example cases in the Barclays *Won* Forum. Look for BC cases that refer to *WON with compound int't*.

 

[slick132]

Hi Hillards,

 

Best to start the claim via CCMCC at Salford instead of using MCOL. You're not limited for space for your PoC's doing it this way.

 

Info about this is online on the courts website.

 

[slick132]

Check properly before but I think you need to send CCMCC Salford 3 copies of Form N1 and your PoC's. They'll then stamp the forms and send them out.

 

As regards costs, this can only be quantified when you know how long you've spent researching and dealing with the claim and producing your Bundle (evidence for the court). So this issue would be dealt with further down the process. In the meantime, keep a spreadsheet with date, time spent, very brief narrative of what you did throughout the process so you have a log of time spent, on which to base any claim for LiP costs.

 

Depending on how the claim goes, it may be prudent to ignore your costs which are less significant with small claims cases, in an effort to reach an acceptable settlement.

 

Edited May 18, 2014 by slick132

[slick132]

Hi Hillards,

 

Just wait a few more days for the new chequebook to arrive. Meanwhile, you're making £1.89 a day !!

 

On the N1, you can detail the amount claimed and the court fees. Costs for research, etc can wait for now and can be addressed later in the proceedings if necessary.

 

[slick132]

You'll refer to Barclays Bank PLC as the present owner.

 

But explain in the PoC that the a/c was originally opened with Monument (a/c No. xxx xxx) on or around xxdate. It was then acquired by Barclays Bank PLC t/a Barclaycard on or around xxdate with the a/c No. xxx xxx.

 

[slick132]

Hi Hillards,

 

Yes, I think that should cover it but, instead of adding this "Note" to the start of the PoC, I think it should simply be included as a numbered point in the PoC.

 

[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.

 

[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.

 

[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

[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.

 

[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.

 

[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

 

[slick132]

Hi Hillards,

 

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

 

[slick132]

Hi Hillards,

 

We don't need to see the BC defence.

 

Get to work on amassing your court bundle (evidence) for submission when required.

 

[slick132]

As a precaution, some posts above are being removed until a review is carried out.

 

We normally recommend that one refuses to accept Confidentiality being imposed, but this is entirely a personal decision.

 

The reason we recommend that payment is received before a case is discontinued is that banks have been slow to pay in the past, once the pressure of the court process is removed.

 

[slick132]

Just to finish this thread, I understand that Hillards can't say any more about how this ended. However, Hillards seemed very happy a few days ago.

 

With Barclays cases, it tends to go quiet because they have agreed to settle a case paying the full amount claimed including compound interest, but the claimant has agreed to confidentiality.

 

So it may be that Hillard's claim has been settled in full but, because of confidentiality, they cannot speak further about it ..................