Barclaycard penalty charges - (probably) **WON** with restitutionary interest

[slick132]

Yes, it may be best to space claims apart a little or you could end up being pressed for time re court bundles for instance.

 

[SabreSheep]

Well this buys me time while I work on Natpest

[slick132]

Hi SS,

 

So what will you do about this response from Link ?

 

[SabreSheep]

open to suggestions

[slick132]

I don't understand

 

You said this would "buy you some time", but I don't see what you mean.

 

Their response says nothing of significance so I would assume you will continue with the Prelim, LBA, Court Claim approach.

 

[SabreSheep]

Prelim and LBA to BC already done, Im just waiting on the Natwest Claim to be finished before I do the N1

[slick132]

[SabreSheep]

Result of Complaint to ICO re: BC breaching DPA

 

-------------------------------------

Dear Mr Blobby

 

Thank you for your correspondence in relation to your concerns about Barclays.

 

Our aim is to raise information rights practices within organisations. We do this by taking an overview of all concerns that are raised about that organisation with a view to improving their compliance with the Data Protection Act (the DPA).

 

We cannot look into every concern we receive and the law does not say we must. We will put most of our effort into dealing with matters we think give us the best chance of making the biggest difference to information rights practices.

 

Depending on the circumstances, we may give advice about handling personal information, provide guidance, or ask them to review their procedures.

 

You are concerned that Barclays sent a letter containing your personal data to your old address. You had advised Barclays of your change of address and Barclays had responded to your subject access request at your new address.

 

Barclays are unlikely to have complied with the DPA in this matter. We have written to Barclays about your concerns and instructed them to ensure that your address details are up-to-date on all of their systems.

 

We will keep a record of your complaint and take this assessment decision into account if we receive further complaints about Barclays. The information we gather from complaints may form the basis for action in the future.

 

Thank you for bringing this matter to our attention.

 

Yours sincerely

 

XXXXXXXXXXXXX

Case Officer

[SabreSheep]

N1 filed 1st class next day delivery to CCMCC this morning.

[SabreSheep]

N1 bounced yesterday due to me incorrectly filling out Ex160 Resubmitted

 

On a more positive note the Data protection issue is now resolved to my satisfaction *Grin*

 

Click the links for info

[slick132]

Noted and good result re the Data Breach.

 

[SabreSheep]

OK heres the letter received by email today with a copy of their response form.

 

I note that the process she describes is not quite correct. I am wodnering If I should educate her to how the Process actually works.

----------------------------------------------------------

Dear MR BLOBBY

 

Mr BLOBBY BLOBBY -v- Barclays Bank PLC t/a Barclaycard

Claim Number : A99999999999999

 

I refer to the above CLAIM which you have issued against Barclays.

 

As I will be handling the cClaim on behalf of Barclays, I am writing today to introduce myself so that you have a point of ocntact within Barclays to approach about your Claim and also to explain the next steps in the Court Process.

 

Acknowledgement of Service

 

IThe first requirement is that Barclays responds to your Claim in Court. As such, I confirm that I have filed Barclays' Acknowledgement of Service with the Court and I enclose a copy for your records. This is a necessary Court Document which confirms that Barclays has received your Claim Form.

 

You will note that in the attached Acknowledgment of Service Barclays has indicated that it will be defending the Claim. At this early stage it is very difficult to establish the merits of any claim, and as such Barclays needs to reserve its position untill further information can be obtained. I am investigating the matters raised in your Claim and, if appropriate, will be preparing Barclays' Defence. I will file this Defence with the Court and I will also provide a copy of this Defense to you.

 

Defence / Directions Questionnaire / Directions

 

Once you receive Barclays' Defence, you will have an opportunity to file a Reply responding to any issues in our Defence. You will also have to provide a copy of this Reply to Barclays.

 

After these documents have been filed and exchanged, the Court will provisionally allocate your Claim to a track. A Notice of proposed allocation will then be served on both you and Barclays. This will specify any matters the parties are required to comply with, including the filing of a directions questionnaire.

 

Independent Legal Advice.

 

You should consider taking independent legal advice in respect of your Claim or alternatively seek assistance from the Citizens Advice Bureau, details of thich can be found at http://www.etc.

If you have any further queries then please do not hesitate to contact me on the number above. (Not bloody likely)

 

Yours sincerely

 

MRS TRAINEE SOLICITOR

 

-------------------------------------------------------

[slick132]

Hi SS,

 

The decisions this person at Barclays Litigation makes could be the difference between you :-

 

1. Having to prepare, File and Serve a court bundle, or not.

 

2. Having to attend a final court hearing to argue your claim, or not.

 

3. Being made a settlement offer you're happy to accept, or not.

 

I would certainly NOT try to "educate" her, nor would I refer to her as Mrs Trainee Solicitor. I would be polite and respectful, in the hope that I would get what I want with the least possible effort. If you feel she has matters wrong, use that quietly to your advantage.

 

Accordingly, I see no need to respond to her quite polite and helpful letter.

 

[SabreSheep]

Letter received today, without prejudice save for costs including a letter of discontinuance for me to agree to,

 

Their points

 

1) Complaint was sent to FOS and they decided not to uphold my complaint.

 

2) B denies Credit Card Charges are unfair and disproportionate and are in line with costs incurred by Barclays as a result of default and with the general guidelines of OFT

 

3) Charges before 2007 are time barred by Statute of imitations.

 

4) In interest of commerciality B is willing to pay 50% of the value of my claim and any other claims arising out of the same facts of the claim without liability. Sum to be paid by cheque within 28 days of court confirmation of the notice of discontinuance.

 

5) Confidentiality clause

 

|Deadline to submit my response by 18th August,

 

B reserve right to reveal letter to court etc

 

 

Anyone have a nicely worded reply to this?

[slick132]

Hi SS,

 

As this was sent "WP Save as to Costs", they can reveal it to court when it comes to determining costs and whether you should have accepted their offer and avoided further costs in the case.

 

How do you feel about their offer.

 

My inclination, if you want to hold out for a better offer or the full amount, would be to thank Barclays Litigation for their offer but decline. Maybe :-

 

I refer to your letter of xxdate.

 

While I appreciate your offer, the amount falls well-short of what I am claiming. I believe the basis for my claim is sound regarding penalty charges and the Limitation Act 1980.

 

Therefore I must therefore decline your offer and continue with my claim.

 

[SabreSheep]

OK email sent with exact wording

Im guessing they will now issue a standard defense

[SabreSheep]

I have received their defense.

 

Summary

 

1) My attached schedule of charges is insufficient evidence of charges and when and why they were levied.

2) Charges were as per T+Cs

3) Charges are not unlawful

4) Charges calculated to reflect actual loss and damage suffered to defendant

5) Defendant does not have to repay any sums as they did not receive the full amount of charges placed on the account and so cannot repay any sums to the claiment (WHAT???)

6) T+Cs provide interest to be applied to the claimants account. Claimant is not entitled to recover interest....

7) It is denied that the sum of **** represents interest applied by the defendant solely on the charges incurred by the claimant.

8) No basis in contract or common law for the interest rate claimed by the claimant and no grounds to depart from the principle that interest on any judgement if awarded should be awarded at current judgement rate.

 

number 5 has me some what confused

[slick132]

Re item #5, they'll have said this because the charges levied were not actually paid by you.

 

However the remedy for this is they can set the outstanding a/c balance against the refund you seek, as we've already discussed.

 

Wait now for the court service to make their next move .............

 

[SabreSheep]

Thanks Slick.

 

I sent a nice email back thanking her for the defense. Stated politely that I did not agree with Barclays position on the lawfulness of the charges nor their stance re time bound re statute of limitations nor their stance regarding my claim for interest in restitution and therefore would await instructions from the court.

[SabreSheep]

She is now on annual leave till Sept 1st. Guess it will go quiet now

[slick132]

Hi SS,

 

There was no need to respond to the Defence submitted by Barclays Litigation but I suppose it'll do no harm.

 

Play your cards close to your chest and don't make contact that's not necessary. It may suggest that you're not experienced in litigation.

 

[SabreSheep]

Thanks slick.

 

Just wanted to appear reasonable without giving too much away. Im hoping to avoid repeating whats happening with RBS where I went too Gun Ho

 

When the N180 comes should I agree to mediation?

[slick132]

Hi SS,

 

Yes, if/when Mediation is offered, accept it so the court can see you are being reasonable.

 

[SabreSheep]

N180 completed and filled with defendent and court. mediation accepted.

[SabreSheep]

27/08/14 - Letter received form Link (Who OWN the debt) in responce to my letter telling them the debt is subject to court action. They are asking me to tell them which court it is assigned to and what action is currently being undertaken and intended to be taken.

 

Do I need to reply to this?