Reclaiming BC penalties in court***Successful Outcome Agreed***

[ewgm]

Hello CAGGERS!!!!

 

 

I have made a claim against Barclaycards on penalty charges that occurred between 2007 to 20012. Given to directions from experienced BC forum members I managed to processed my claim to the CCMCC's stage so far by submitted a N1 form & POC.

 

 

But I have received a letter from CCMCC states that; The defendant filed an acknowledgement of service on 6 August 2015.

The defendant responded to the claim indicating an intention to defend all of the claim......

 

But what surprised me most and given to other people successful claims in the forum, I have never come across anyone mentioned of Tlt Llp, One Redcliff Street, Bristol, BS1 6TP as the solicitors acting for the defendants (BC).

 

 

Then it shows that, this claim will go all the way to the court room and, as I'm waiting for 28 days before BC submit their defence. I need to be ready and well prepared for a court battle. Please, kindly your assistance on how to prepare a court bundles much needed and any advice based on your experience that similar to mine also needed.

 

 

Thanks

[slick132]

Hi Ewgm and welcome to CAG

 

This isn't the first time we've seen these sol'rs used in a claim against Barclays.

 

Can you tell us your Particulars of Claim but don't post any personal identifiers.

 

[slick132]

Thread title changed to reflect the nature of this case.

 

[ewgm]

Hi Ewgm and welcome to CAG

 

This isn't the first time we've seen these sol'rs used in a claim against Barclays.

 

Can you tell us your Particulars of Claim but don't post any personal identifiers.

 

Hi Slick132

I have tried to upload the POC but it's too long, let me attached it as a PDF file.

Edited August 21, 2015 by ewgm

[ewgm]

Thread title changed to reflect the nature of this case.

 

 

 

 

THanks Slick132,

 

 

I have attached a PDF file of my POC.

[ewgm]

Hi @slick132

 

 

Any feedback on my POC? Also I would like to know what action should be my next step based on your experience?

 

 

Thanks

[slick132]

Doh !!

 

I was sure I replied over the w/end but it's not here.

 

The PDF of the PoC is fine, thanks.

 

I can fwd a Basic Court Bundle doc't to you if you send me your email address by PM.

 

Let us see their defence when you get it. There's a way to go before this gets to court - Transfer to your local court; Allocation to Track; Case Directions; Mediation.

 

[ewgm]

Doh !!

 

I was sure I replied over the w/end but it's not here.

 

The PDF of the PoC is fine, thanks.

 

I can fwd a Basic Court Bundle doc't to you if you send me your email address by PM.

 

Let us see their defence when you get it. There's a way to go before this gets to court - Transfer to your local court; Allocation to Track; Case Directions; Mediation.

 

 

 

Thanks a lot @slick132 and all who are willing to help

 

 

Based on your experience, I will hold tight on your advice and guidance.

 

 

I will PM you my email address shortly whilst waiting for their defence.

[ewgm]

Hi @slick132

 

 

I have received the Defence by a way of service, from TLT with attached letter states that they continue to act on behalf of BC.

 

 

The Defence contains 6 pages attached with Barclaycard conditions letter, credit agreements form which signed on 2008 and the refusal letter that Barclaycard wrote me on mid June 2015 after submission of my LBA.

 

 

But what surprised me, when Barclay reply my SAR that credit agreements form which signed on 2008 was not included. The credit agreements form which I received from Barclaycard shows the initial agreement I entered with them in 2002.

 

 

Also on their defence TLT states nothing concerning my initial agreement with I signed in 2002 before my account was changed in 2008.

 

 

So please advice me what I should do now after receiving their Defence letter.

 

 

I can scan and upload their Defence here if you would like to see it for further advice.

 

 

I also welcome advice from anyone who has kind of similar situation as mine.

 

 

Rgd

 

 

ewgm

[SabreSheep]

Yup, redact the defence of personal and identifiable details (Including references at top and bottom of pages and barcodes) Then Slick, me and others can have a look. Im not expecting much we have not seen before.

[ewgm]

Yup, redact the defence of personal and identifiable details (Including references at top and bottom of pages and barcodes) Then Slick, me and others can have a look. Im not expecting much we have not seen before.

 

 

 

Hi @SabreSheep, @slick132 and all Caggers

 

 

First of all, please accept my apology for the time took to attach the Defence letter due to a technical problem on my printer.

 

 

I have also received a letter (Notice of Proposed Allocation to the Small Claims Track) from CCMC yesterday, please you input on this matter is most welcomed as well.

 

 

Thank you in advance for your wonderful support on this matter.

 

 

ewgm

[ewgm]

The last page of the defence letters

[slick132]

Hi EW,

 

Please convert the pages to a PDF doc't and attach.

 

The jpg's aren't big enough to read.

 

[SabreSheep]

Nope that all loks very familiar, lots of waffle.

 

From what I can see their main points of challenge are

 

18.1 - Statute of limitations (Along with 25.) which you can argue using the case law. The mistake is a mistake in law in that they unlawfully made the charges in error

 

18.3 - They say they have suffered loss, due to breach of t+cs - well how come then that no matter how much you go over or for how long or how late the payment is is the charge the same. Eg not a genuine pre esitmation of loss and therefore a penalty charge

 

22.1 - The case mention here applies to CURRENT ACCOUNTS ONLY and has no relevance on CREDIT CARD ACCOUNTS.

 

21. The OFT report DID NOT SAY that charges at or under £12 were fair.

If you read the report it states that it does not make a judgment on whether charges set at £12 are fair only that it will not intervene unless they exceed £12. Elsewhere in the report it also mentions that ONLY A COURT CAN decide on the fairness of the charges.

 

 

IN all the defense looks like most we have seen before, even though this is coming from a different "firm"

 

I would be tempted to send a brief letter to them "Thanking for their defence. You do not agree with their position and will continue to Court" Failing that do not respond and let the AQ speak for you.

 

When must the AQ be served on the court AND the defendant?

[ewgm]

Hi EW,

 

Please convert the pages to a PDF doc't and attach.

 

The jpg's aren't big enough to read.

 

 

 

Hi @slick132

 

 

I have managed to convert pages into PDF documents. I hope this will help.

 

 

Thanks

 

 

ewgm

[ewgm]

Nope that all loks very familiar, lots of waffle.

 

From what I can see their main points of challenge are

 

18.1 - Statute of limitations (Along with 25.) which you can argue using the case law. The mistake is a mistake in law in that they unlawfully made the charges in error

 

18.3 - They say they have suffered loss, due to breach of t+cs - well how come then that no matter how much you go over or for how long or how late the payment is is the charge the same. Eg not a genuine pre esitmation of loss and therefore a penalty charge

 

22.1 - The case mention here applies to CURRENT ACCOUNTS ONLY and has no relevance on CREDIT CARD ACCOUNTS.

 

21. The OFT report DID NOT SAY that charges at or under £12 were fair.

If you read the report it states that it does not make a judgment on whether charges set at £12 are fair only that it will not intervene unless they exceed £12. Elsewhere in the report it also mentions that ONLY A COURT CAN decide on the fairness of the charges.

 

 

IN all the defense looks like most we have seen before, even though this is coming from a different "firm"

 

I would be tempted to send a brief letter to them "Thanking for their defence. You do not agree with their position and will continue to Court" Failing that do not respond and let the AQ speak for you.

 

When must the AQ be served on the court AND the defendant?

 

 

Hi @SabreSheep

 

 

My intention was not to engaged with them at this stage however I will post that brief letter on Monday morning and continue to a Court.

 

 

The AQ must be served by 25th September 2015.

 

 

ewgm

[ewgm]

Hi @SabreSheep & @slick132

 

 

I have sent to them that short letter as advised above but do I need to serve them another letter informing them my intention to submit the DQ form?

 

 

I have also accept the mediation part on DQ but do I need to fill part C and D (Track and About the Hearing) as well?

 

 

The DQ form must be filed by 25th September 2015.

 

 

ewgm

[slick132]

Hi Ewgm,

 

The letter is just a polite update for them. They'll be sent the DQ by the court.

 

C - tick the YES box to confirm SMT is appropriate.

 

D - Enter the name of your local County Court.

 

[ewgm]

Hi @SabreSheep & @slick132

 

 

DQ form returned by recorded delivery with mediation option accepted.

 

 

Thank you for your help to reach this far, now waiting for the court's direction.

[ewgm]

Hi @slick132, @SabreSheep and all Caggers

 

 

I'm back again with new update.

 

 

Yesterday, I have received a letter from TLT solicitors on behalf of BC and they have accepted the mediation as well. So please advice what I should do now to be ready for the mediation process.

 

 

You are contribution will be much appreciated.

 

 

Thanks

[SabreSheep]

Ok Mediation will be a 1 hour phone discussion with the mediator. That person will relay to the other side.

 

They will aim to test your resolve and put pressure on you to settle. You have no obligation to do so.

 

Be will put forward their main points in the defense. You will be asked your opinion.

 

So.

 

1. Keep in contact via phone AND email with the Mediation team. It is your response ability to make the effort to book an appointment. Keep chasing them if you do not hear back. Keep paper trail as well.

 

2. For all the bits of legislation you will be using make sure you understand how it supports your case. Use highlighter and bullet points.

 

3. For their defense make sure you understand the cases they seek to rely on. Again highlight not bullet point why it does not support their arguments.

 

4. Make sure u have the oft statement on credit card charges printed out. Again understand why it supports you. Highlight and bullet point things.

 

This is all helpful as you will be able to understand your case and give you confidence to continue. Even if they do not settle at Mediation you will be adding to the risk in their risk assessment of the case. A later offer may appear.

 

Mediator will test your resolve to take this to court. Qs like how you would feel if you lost? How strong do you feel your case is.

 

Also have to hand all the figures. Be able to explain the Apr on the interest. If restitution is claimed have reference to products sold by BBC with same or higher Apr than your claiming. Google is your friend.

 

Make sure you understand restitution And arguments to beat statute of limitations.

And why the high Court case does not affect credit cards.

 

Sounds a lot but this is useful as it gets you into the frame of mind should you need to go to court.

 

As always in order to help others please let me know your experience so my advice can be updated

Edited October 1, 2015 by SabreSheep
changed "Highlight not Bullet points to Highlight AND Bullet points"

[ewgm]

Hi @SabreSheep

 

 

Thank you for the support, I'm doing my homework now and in the next few days.

I will give you a feedback where I have reached.

 

 

[SabreSheep]

Cool.

 

BTW I meant highlight and use bullet points above

[ewgm]

Hello @SabreSheep and @Slick132

 

 

Please I need your help urgently on case's summary for (Sempra Metals vs Inland Revenue & Kleinwort Benson vs Lincoln City Council).

 

 

I have tried to Google them but I found very difficult to capture a summary of them that will back up my case.

 

 

I have got mediation appointment on the week commencing on 26th October.

 

 

I really need your help caggers

 

 

ewgm

[SabreSheep]

Google

 

Sempra Metals vs Inland Revenue

 

2nd result is a pdf

 

Heavy reading but the answers are in there.

 

http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981029/klein01.htm

 

Again heavy reading, but the answer to the 6 years is there.