Bicester1 vs Barclaycard

[Bicester1]

Well here we go! Joined the forum yesterday am. SAR sent to Barclaycard yesterday pm. Game on!

 

Bicester 1

[Yasmin]

Best of Luck, keep us posted!

[Bicester1]

Thanks Yasmin I will!

[Bicester1]

Been busy with the day job and have won against MBNA !

 

Finally got Barclaycard moicrofiche two weeks ago. Sent prelim 7 days ago. Holding reply received this morning saying "we are sorry balah blah blah we will get back to you by the 20th Feb."

 

I don't think so!

 

LBA goes in 7 days and counting!

 

Bicester1

[Bicester1]

Well offer received by return of difference between my claim and the OFT £12.

 

Wriiten back rejecting and LBA sent!

 

bicester1

[TUTTSI]

Hi Bicester

Good Luck with your claim. I am at the court stage with Barclaycard just received court date today. So hopefully, they will pay out shortly.

DS

[Bicester1]

Hi

 

Barclaycard adamant that no further offer will be made so MCOL issued for charges and contractual interest.

 

Bicester1

[TUTTSI]

Hi

 

Barclaycard adamant that no further offer will be made so MCOL issued for charges and contractual interest.

 

Bicester1

 

Next you will receive the allocation questionare and then you will have to start getting your bundle ready for court. It is a good idea to start reading up on what information you need and start your photocopying X 3 of your statements etc as this takes up loads of time. I found the Statement of Evidence a tricky one as when you type it out you have to in places put your info in there, it is not straightforward. Start giving it some thought.

All the best

DS

[Bicester1]

Hi

 

Thanks DS thought I might start this week!

 

Keep us informed how you get on. Barclays seem more obstructive than most!

 

Bicester1

[TUTTSI]

Hi Bicester

I used the Statement of evidence from the link below. Have a look at it there are 2 versions and I think that the first version is suitable for you.

I retyped it and carefully included what was needed for my own claim. I also headed it up with the Claim Ref and my name on it.

 

statement of evidance

 

DS

[Bicester1]

Hi

 

Thanks very much very helpful link

 

Regards

 

Bicester1

[Bicester1]

Hi

 

Acknowledgment of service from BC stating that they intend to defend.

 

We shall see!

 

Bicester1

[TUTTSI]

Hi

 

Acknowledgment of service from BC stating that they intend to defend.

 

We shall see!

 

Bicester1

Hi Bicester,

Just returned from a short break in sunny Marbella, come back to rain just a few minutes ago. Yes BC do defend and they will take it to just before a court date.... from other threads that I have read.

My court date is on the same day with BC and GM so will be taking a packed lunch.

I had another letter on a without predjudice basis from GM Card Solicitors they maintain they will only pay S69 8% unless I can come up with relevant legislation. I will post on my own thread tomorrow evening once I have been to work. If I accept their offer I am short of £200+ on my claim, so I will not do this.

I think that I will write back to them asking them again for a complete breakdown of their clients charges and how many cases have they actually gone into court with and won! and how many cases they have settled without going to court.

Regards

DS

[Bicester1]

Hi DS

 

Have been away so absent from forum!

 

How's things?

 

Barclaycard have got three days left to file their defence. Nothing from them as yet.

 

I gather that they usually apply for any judgment in default to be set aside but I think I might object to that on the grounds of a cynical abuse of process by the bank!

 

Does anyone think its worth me phoning them to see if they want to settle or shall I just leave them ?

 

Bicester1

[TUTTSI]

Hi Bicester

I noticed on one of my threads you were asking me for a template of the letter which Garyh advised that I sent to the courts. I hope that helps you with your quest against Barclaycard.

I await hearing from you with your progress.

DS

 

District Judge ******

C/O The Court Manager

****** County Court

Court Address

Postcode

 

[date]

 

Dear Sir/Madam,

 

[You] -v- The Bank Plc

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]. Please find enclosed a copy of the order to which I refer.

 

I wish to inform the court that the Defendant has not complied with the order in that it has not served upon me its evidence, or any such documents, as was specifically directed.

 

I can confirm that my documents were both filed and served pursuant to the terms of the order on [date].

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, and in view of the terms of the honourable courts previous order, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

[Bicester1]

Thanks

 

Been away.

 

Have now got a trial date; 31st July for 30 mins at Oxford County Court, before Judge Mathews. Bundle to be sent to all parties by 16th May. What a waste of trees as we all know they won't defend!

 

There was an order that no AQ be submitted so tried a respectful letter to the Court asking if they would order special directions -no luck- but did get small claims track.

 

So down to the bundle this weekend!

 

Bicester1

[TUTTSI]

Hi Bicester

Glad to see you back on CAG - just received this morning my chq from Barclays paying my claim in full + court costs & my costs with them - the trial date is for this comming Monday and in case you have not seen my GM thread thet paid last week, eventually in full. As I had claimed contractual interest on both cases. I am just on the my way to the bank to pay it in.

 

There has been a hearing at the Mercantile Court this week in Leeds and some 77 cases (bank charges) were up before the Judge, Many settled either before coming to court and out of thos who came to court only 4 cases have been re-scheduled to come back in May. It is hoped that those 4 cases will be settled before that if not the Judge has said he will have a Test Case. My conversation with the guy at Barclays who settled my claim said that the Citibank claim was the most likely to be the test case from the Leeds cases.

 

The guy at Barclays said that he would deal with my hubbys claim if he telephones him on Monday on his dedicated line, and settle it as his court date which has just been received is August. It has taken since February when he sent back the AQ till this week to obtain this court date. I told him that it would be good if they settled before he has to prepare his bundles, so if that goes well I will PM you with the details to try and get your claim settled sooner, if this is the route you would like to take.

DS

[Bicester1]

Hi DS

 

Have been out of the country for a while on business so nice to be back!

 

Thanks for the update. Many congrats on the wins. Well done! Contractual too - very nice! Was that Barclaycard or Bank?

 

I have got two court dates in July one against Barclaycard and one against the Nat West Bank who as you might have seen have settled my cc charges but will not settle my bank charges!

 

Guess I might write again and give them one last chance!

 

Best wishes

 

Bicester1

[TUTTSI]

Hi DS

 

Have been out of the country for a while on business so nice to be back!

 

Thanks for the update. Many congrats on the wins. Well done! Contractual too - very nice! Was that Barclaycard or Bank?

 

I have got two court dates in July one against Barclaycard and one against the Nat West Bank who as you might have seen have settled my cc charges but will not settle my bank charges!

 

Guess I might write again and give them one last chance!

 

Best wishes

 

Bicester1

Hi Bicester

It was Barclaycard and of course GM (HSBC Bank)

As I said to you I now have a good contact at Barclays Litigation, so if you need the direct telephone no and contact details just shout and I will PM you. My hubby will call him tomoz and if he settles as he said he would he could do the same for you - why not and why wait until the court dates.

Good Luck

DS

[fariba3]

Hi Bicester

It was Barclaycard and of course GM (HSBC Bank)

As I said to you I now have a good contact at Barclays Litigation, so if you need the direct telephone no and contact details just shout and I will PM you. My hubby will call him tomoz and if he settles as he said he would he could do the same for you - why not and why wait until the court dates.

Good Luck

DS

 

Hi, my case is scheduled for a small claims hearing on 3 May. I wanted to know if you could send me the direct number and i could contact the guy you were in contact with? Thanks.

[Bicester1]

Hi DS

 

Yes please!!!

 

Bicester1

[Bicester1]

Hi

 

Called Barclay's litigation department yesterday. Talked to very helpful lawyer - definite impression they want to settle and said they will send me an offer to settle before Court. Lets see !

 

Bicester1

[TUTTSI]

Hi Bicester, did you speak to the nice young man that helped me!!

he told my hubby that he is leaving the Litigation Dept in the next couple of weeks, but said he would help him get his claim paid before he leaves.

Don't forget to tell him No to confidentiality clause and ask for a cheque instead of it going back into your account and then withdrawing some of your limit.

Please let us know.

All the best

DS

[Bicester1]

Hi

 

Yes I did but he was not dealing with my claim and put me on to a colleague who was also helpful. There seems to be a change at Barclays

 

Bicester1

[TUTTSI]

Hi Bicester,

what sort of changes! intreging!

Regards

DS