Barclaycard reclaiming penalties and Compound Int't **WON** (probably)

[HP Mum]

Waffling on a bit here, sorry. Just writing so I don't forget!

 

Barc was adamant that Sempra v IR was irrelevant to my claim for penalty charges reclaim and CI added over 11/12y

 

I guess in one sense that makes it easy for me going forward - I HAVE to understand and prove HOW it is relevant.

 

And I HAVE to understand and prove HOW the KB case law allows me to charge beyond 6y.

Mediation has focused the absolute need to have these facts to hand succinctly. If you don't have the bullet points then you won't answer the Judge confidently or correctly.

 

Yes - glad this part is over. I am so busy with work & other commitments that it has been hard to focus. Now I know how essential it is to find the time to prepare for a court hearing - I guess in a couple months.... Or not if you - Martin - are correct

[martin2006]

They havent made it to court so far, hence their claim of no successes

[martin2006]

DQ will be next

 

Read the KB and Sempra transcripts, heavy going but the answers are all there

[slick132]

Hi Mum,

 

No real surprises in how it went. The solrs did their best to un-nerve you and I'd have been amazed if they made an acceptable offer.

 

Fortunately, the decisions will be made by Barclays Litigation and not the solrs. Our experience here has been that BC have avoided a final hearing in the vast majority of claims.

 

Once the time frame is confirmed, you can consider how and when to contact the solrs to negotiate.

 

Meanwhile, crack on with putting the bundle together.

 

[HP Mum]

I have had a letter from the Courts. The Court case has been referred to the District Judge for Directions.

 

 

I have a large bundle of detailed info that I now need to find quiet brain time to sift through and figure out what details are relevant to my case(s).

I have a claim against a store card - can I assume that the details may be relevant for both claims?

 

 

I now need to find as much info on Sempra and KB cases.

I guess they may be referred to on WON cases?

If not can anyone point me in the right direction please?

 

 

Am getting nervous now. I have had no contact from Barc at all

[martin2006]

https://www.slaughterandmay.com/media/1428828/sempra_metals_a_simple_solution_to_compund_interest.pdf

 

Have a read here mum, it simplifies the case for reading, you can also find the full transcript on google

[slick132]

Hi Mum,

 

The 2 court claims are basically the same seeking refund of penalty charges plus compound restitutionary interest.

 

The *WON* cases should provide all that you need.

 

When Directions are received, that would be a good time to ask BC if they want to settle and avoid further use of the court's time and resources. This should be done in writing.

 

[HP Mum]

Thanks Martin

[HP Mum]

Update

 

 

I have receive a Sols letter.

I will post details later, but simply: they accept charges refund & simple interest refund, but not compound interest..

 

 

What is a Tomlin?

[slick132]

Hi Mum,

 

Stick to your guns and they will normally pay restitutionary interest. Tell us what the letter says when you can.

 

A Tomlin Order is a written agreement between a Claimant and the Defendant that sets out the terms under which a claim is settled and the court proceedings are Stayed. However, if the settlement terms are not adhered to, the case can be referred back to court without the need to start new court proceedings.

 

[HP Mum]

HI

I have attached an edited version of Sols letter to me.

I received it 31st and they wanted a reply within 2 days. I missed their deadline.

 

In the meantime I have received the Court Letter Notice of Allocation and I only have 4 days before I need to pay the hearing fee.

 

I don't really want to accept their offer as it is a low settlement amount without the compound interest included. So I need to draft a reply.

 

I will try to do this tomorrow.

Not sure if I should post? or open communication by email?

If I special post they would obviously receive by Tues and I would still have a couple days before I need to pay the hearing fee. If I email this speeds the settlement process up.

Not sure which is best?

 

PS - the court hearing is not until the end of the year!

Barclays Sols Letter to Settle 27-05-2016.PDF

[slick132]

Hi Mum,

 

I wonder if you should check with the court about the hearing date.

 

I don't know why it should be so long before the case is heard, yet you're required to pay the hearing fee now ??

 

You have no need to meet the sol'rs suggested deadline. I suggest you reply by email if you have it saying :-

 

Thank you for your letter of xxdate.

 

I am not willing to accept your client's offer. I will therefore continue my court action and pay the Hearing Fee due on xxdate.

 

[HP Mum]

I guess the courts are busy - 6 months to wait for a hearing!!

Before I received your input I had drafted the below using some of the old won threads. Is it too wordy or perfect for a quick settlement?

"I refer to your letter of xx which unfortunately, due to the Bank Holiday, was only just received – which meant your requested response date was missed.

I am pleased that you are instructed to offer me the full amount of my claim for a refund of penalty charges, £xx.

With regards to their suggestion that some of the charges claimed were statute barred, I reiterate that the case law mentioned in xx of my Claim would support my claim.

I am also pleased to see that you are instructed to offer me simple interest of 8% on the total amount claimed, as per xx of my claim.

With regards to your client disregarding my claim for compound interest I reiterate that the case law mentioned in xx of my claim would support my claim.

To clarify, I am claiming Compound Interest in Restitution as per the case of Sempra Metals - on the basis that your client has made charges to the account which is not fair or justifiable. Interest in Restitution is claimed to remedy the benefit that your client has derived from having my money and lending it out at commercial rates in the course of their business. By paying me Interest in Restitution, Barclaycard is giving up this benefit and restoring an equitable balance between us.

As your client’s total offer falls short of what I am claiming, I must decline their offer and continue with my Claim.

I intend to pay the Court Hearing fee, due by xx.

I do hope that your client will now reconsider my SOC as the basis on which my claim should be settled and avoid the need for further use of the court’s time and resources"

 

Oh No - I just read the whole document received from the court.

 

The Order was dated 12th May yet the Gen Form of Judgment or Order outlining all the things I need to do was dated 26th.

 

 

Due to the Bank Hols it was only just received.

And I need to prepare all the documents within the next 10 days

Despite the hearing not being for 6 months...

 

So I have to pay the hearing fee next week, prepare all the bundles in 10 days and then wait 6 months for a hearing....

Is this normal?

 

I guess this is why Barc Sols wrote making me a settlement offer!!

Good job I started clearing my desk last night ;-)

 

So I guess I ought to prioritise my court bundle preparation over the next week...

And email Barc Sols tomorrow.

[slick132]

Hi Mum,

 

I think the letter you've drafted is too long. I prefer mine.

 

I still suggest you check with the court on Monday about the hearing date. If the hearing really is 6 months away, ask why.

 

[HP Mum]

ok, thanks Slick.

I will also call the court in the AM

[HP Mum]

Hi

Short letter written and sent Sunday.

I have not ye heard back from Barc.

And I need to pay the hearing fee within 24h and send all claim docs by end next week.

 

I have not done this before but Barc have to present me their docs too don't they?

So we both need to have prepared our court bundles by probably Tues/Weds next week to allow time for receipt.

 

 

I'm a bit stressed to be preparing docs at such short notice (really busy work period).

 

 

I rang the court. They have no idea why the hearing is 6 months away. They say I have to pay the hearing fee (it is reclaimable 7 days before hearing - if the hearing does not go ahead).

And then they said - having paid the hearing fee first - I can then ask for an extension (and pay £100) for submitting docs at a later date.

 

I admit I am not ready.

Although if I stay up late every night for the next week, with lots of reading up on Semp & KB, I could possibly be half ready.....

Should I ask for an extension?

Or is there a strong likelihood that Barc may ask for an extension? (I have read they do this regularly at the last minute...)

Or should I re-send my letter to their sols today (the letter refusing their offer and asking them to consider settlement rather than waste court's time/money) ???

Or does this appear weak?

 

 

Juggling lots of projects - but trying hard to keep on top of this...

[martin2006]

Put your effort into your witness statement for now mum, which is an expansion of the POC.

 

The rest of the bundle will be reference docs which i have flagged to the rest of the team for assistance.

[HP Mum]

thanks.

Should I study other Won cases for help with the witness statement?

Does this have to be long or short and to the point?

[martin2006]

Its the fleshed out version of your POC and will be quite lengthy. I have a littke time so i'll look for a similar one to point you in the right direction.

[slick132]

Hi Mum,

 

I suggest you do your best to comply with the judge's Directions and meet the deadline for submission. You'll be taken more seriously by complying.

 

BC will not seek any extension but they're unlikely to file their own full bundle. Instead, they'll probably file a witness statement. They'll rely on negotiating a settlement before the hearing.

 

No point in re-sending the letter you sent last week as that'll make you look weak and desperate.

 

[martin2006]

In the meantime, have a look at practice direction 32 of the CPR

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

[martin2006]

Bundles of documents for hearings or trial

 

3.1

Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2

Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim formicon and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not –

(a) contained in a witness statement, affidavit or experts report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

( any medical reports and responses to them,

(9) any experts’ reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3

The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4

The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative5 who has conduct of the claim on behalf of the claimant.

3.5

The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6

The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7

For convenience, experts’ reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8

If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9

The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served.

Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10

The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

[HP Mum]

So do I understand this correctly:

I do NOT need to compile the full bundle by next week????

I just need to elaborate on the POC?

is that right?

 

 

It would certainly ease the pressure on me over the next few days in preparing the bundle.

Do I understand this correctly- that I have up to 7 days before the hearing to present the full bundles?

As the hearing is in 6 months that would give me more time

[AndyOrch]

Whats dates are provided by the directions in your Notice of Allocation?

[HP Mum]

The court letter states:

"Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing, no later than 4pm on Thurs 16th June"

 

The hearing is not until the end of 2016.

 

So that doesn't mean the FULL evidence bundle of docs???