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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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sky [barclaycard] charges over 6 years old - probably **WON** with compound interest


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i would like claim credit charges sky credit card issued by barclay.

 

i did sar to barclay and received all data going back 2004/05.

 

account went to default in 2006 and sold to capquest and

 

i paid the account to capquest by 2008.

 

question is here who to sue in court barclay or capquest for charges?

 

i did not paid any payments to barclay towards debts.

 

all the payment paid to capquest around £800.

 

credit limit was £250.

 

rest of charges,

 

CAPQUEST said the did not apply these charges so they are not going to refund it

you need to contact barclay.

 

barclay replied same old charges over 6 years so no refund.

 

i need help with compound interest.

APR 16.9%PA(VARIABLE)

MONTHLY purchase interest 1.8793%

monthly cash interest 1.992%.

 

i used MSE calculator which only showing £710.00

which very lower amount.

 

MY ORIGINAL claim was £710.00 which barclay refused.

 

they will only listen when they received court claim.

 

i am confused with apr on spread sheet should i put 16.9% APR?or 29.9%?

thanks in advance

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Shaha and welcome to CAG

 

Have a thorough read of the thread linked above by Dx.

 

Also, see a shorter and more recent one here - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard

 

Use a compound interest spready and a nominal rate of 24.9% to calculate the charges and interest.

 

You would have to sue Barclays Bank PLC t/a Barclaycard.

 

Only start court action if you're prepared to see it through to a final hearing.

 

Come back when you've read through these threads. They should pretty much cover everything but we'll help further as necessary.

 

:-)

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PERSONAL DETAILS CLAIM CALCULATION

 

Claimant Name: shah77 Total of Charges £460.00

 

Lender Name: credit card

Compound Interest £2,309.87

Account Number: 0

 

Claim From: 04/11/2005 Claim To: 23/04/2014 Total £2,769.87

 

Interest Rate (APR): 24.90%

 

 

"Date of

Charge" Description "Amount of

Charge" "Number of

Days Elapsed" "Compound

Interest"

 

04/11/2005 over limit fee £25.00 3092 £139.22

05/12/2005 over limit fee £25.00 3061 £136.14

30/12/2005 late payment fee £25.00 3036 £133.71

04/01/2006 over limit fee £25.00 3031 £133.23

30/01/2006 late payment fee £25.00 3005 £130.74

03/02/2006 over limit fee £25.00 3001 £130.36

01/03/2006 late payment fee £25.00 2975 £127.92

03/03/2006 over limit fee £25.00 2973 £127.73

29/03/2006 late payment fee £25.00 2947 £125.33

04/04/2006 over limit fee £25.00 2941 £124.78

01/05/2006 late payment fee £25.00 2914 £122.34

04/05/2006 over limit fee £25.00 2911 £122.07

29/05/2006 late payment fee £25.00 2886 £119.85

05/06/2006 over limit fee £25.00 2879 £119.23

30/06/2006 late payment fee £25.00 2854 £117.05

06/07/2006 over limit fee £25.00 2848 £116.53

31/07/2005 late payment fee £12.00 3188 £71.57

29/08/2006 late payment fee £12.00 2794 £53.74

04/09/2006 over limit fee £12.00 2788 £53.50

29/09/2006 late payment fee £12.00 2763 £52.51

04/10/2006 over limit fee £12.00 2758 £52.31

 

hi slik123 can you check that please my spread sheet is correct.i am still reading all the thread and print out lot of information.its covers every thing from start to end.thanks

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attach the spreadsheet via the go advanced button bottom right

then manage attachment

 

makes sure you remove pers ID first

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Shaha,

 

I assume the figures above were copied 2 days ago from your spreadsheet and the columns are for :-

 

Date; Description; Amount; No. of days since charge to date; Compound Interest to date

 

The figures on the top line look right so I assume the others are too but I've not checked the rest.

 

Continue with your reading of example threads to make sure you get your claim started properly. In your POC, include mention of Sempra Metals v I R Commissioners re Compound Interest and Kleinwort Benson v Lincoln City Council re Limitation Act 1980.

 

:-)

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looks ok to me

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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one question

 

as i mentioned in my first thread that i did not paid any payments to barclay that account .

 

the first payment was paid capquest in 2006

and account fully paid to capquest august 2008.i

 

s that barclay not going argue that they never had any payment towards that account

so why should they pay compound interest from date of first charges.

 

2nd the only have got application dated 17/09/2005 not the agreement.

 

thanks

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if you payments show on the Barclays statements

i'd suspect cabot were only collecting for BC

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Our experience here with BC reclaims is that they will pay compound interest if you stick to your guns.

 

They argue all the way up to a court date, making increasing offers but have normally settled at the figure claimed, or close enough to it.

 

:-)

We could do with some help from you

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  • 1 month later...

i didn't start my claim with BC i was busy with 4 debt collector at once about their court claim

all been sorted for now

 

i will start new thread related to them.

 

now i am posting my claim to salford on monday i want to make sure that my daily rate is correct.

 

total claim including compound interest 2833.24x 0.00022 = daily rate is 0.61p is that correct?

 

interest under section 69 of county court act 1984 at rate of 8% per annum on amount claimed 2833.24 daily rate of £0.61p until judgment or sooner payment.?

 

thanks

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Think everyone is watching the footy today :p

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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i didn't start my claim with BC i was busy with 4 debt collector at once about their court claim

all been sorted for now

 

i will start new thread related to them.

 

now i am posting my claim to salford on monday i want to make sure that my daily rate is correct.

 

total claim including compound interest 2833.24x 0.00022 = daily rate is 0.61p is that correct?

 

interest under section 69 of county court act 1984 at rate of 8% per annum on amount claimed 2833.24 daily rate of £0.61p until judgment or sooner payment.?

 

thanks

 

if you've used the CISHEET @ 24.9%

then you are claiming in restitution

 

you cant claim the 8% too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Shaha,

 

To get an up to date claim figure, you need to open the compound spready and it should give you a revised, and slightly increased, interest figure.

 

You can claim simple 8% s.69 interest from the date of the claim up to settlement. The multiple you quote of 0.00022 applied to the total of charges and compound int't is correct and that will be the daily rate you mention on the claim form.

 

:-)

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thanks slick and dx.

 

do i need to send my all statments with my poc?

 

yesterday i received another bundle of papers from bc

 

the account number is totaly different to what i shows up in statements .

 

i rang them up but the guy over the phone

 

don't know why there are 2 different account numbers for same credit card.

 

all my credit card statements never showed this new account number.

 

2nd their data shows that i was present in uk since 2003 .

i came to uk as student in 2004.

when i question them why your data shows that i am in uk since 2003.

he put the phone down.

 

i did SAR to CAPQUEST as well i want see which account number they have got

and how much charges the add in to the debt.

 

however i am posting my POC on monday any way.

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Its a guess but maybe when your account changed hands it was given another number?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Shaha,

 

You should not be calling anyone by phone if possible, unless you record what is said.

 

Check the statements to see if they actually relate to you and your account. They may have sent you info for someone else so check name, address, a/c number, amounts, etc.

 

If possible, you should resolve this matter before sending off the court claim I think.

 

Do not send any a/c statements with the Form N1. The statements will be used as evidence if/when you come to prepare your court bundle.

 

Have you read up on the process properly. If so, you should know that the statements would not be sent to court at this stage. :wink:

 

:-)

Edited by slick132

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  • 1 month later...

up date:

I was away for while due to my eye surgery.As slick advised in his last post. I did resolved the account number.filed the claim and BC got till 11TH JULY to defend. I have received their acknowledgement letter today.BC will file defence if appropriate by due date. i will update asap when i received their defence.

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While you wait for their defense start looking up the next stage. Draft Directions and AQ

 

Maybe consider after their defense doing a Part 18 request for information against RBS.

I am pretty sure that where I asked before the defense (and they refused to answer) as to what were the costs to RBS of me breaking the agreement every time and how are these calculated and that that information was critical to the case and could of led to the case being discontinued if they proved with the info they were penalty charges, puts them on th wrong side of a wasted costs order if I get that far.

 

And of course that all adds to the risk on their side :) Cases are managed by continuous risk management. That risk gets to a certain point and it becomes economical to make it disappear

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Shaha and thanks for the update.

 

Barclays Litigation will defend the claim. Use the time now to research your next moves in the claim process.

 

:-)

 

My post here was made before I saw SS's post #21. :oops:

Edited by slick132

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Thanks !:-)

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spoke court today

 

BC DIDN'T FILE THE DEFENCE .

 

DUE TO COURT NOTHING IN THEIR SYSTEM THAT BC FILED A DEFENCE

 

.BUT THEY DID SAY THEY ARE BEHIND 5 DAYS TO UPDATE THEIR SYSTEM .

 

SHOULD I GO FOR JUDGEMENT OR WAIT FEW DAYS?

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BC DIDN'T FILE THE DEFENCE .

Did they send anything direct to you ? Usually they will file their defence and send the claimant a copy at the same time. They had until the 11th with my case as well, I got email on Friday (11th) and a letter today with their defence.

Can't understand why court would be 5 days behind, some system !

However, If it were me I'd send in the form for judgement by default, see what the court does. If they have the defence they'll file that before your claim and will let you know, but - just in case - it could be worth having a go. If BC were late for some reason, the court will know and may allow your claim.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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