Barclaycard Charges Reclaim and, now, Default Removal

[martin2006]

I personally use ccmcc as i can get fee remission but if you are oaying the court fee anyway you may as well use MCOL.

If you do use MCOL you can then view and update, see what the state if the claim is, whether defence filed etc

 

With ccmcc you cannot see on MCOL and the staff at ccmcc arent too bright either judging by the month it took them to faff about issuing my BC claim, despite all my paperwork being correct.

[slick132]

We used to advise that you file at court as you could use a larger PoC. This is no longer an option so MCOL is the way to go and, if you don't have enough room for the PoC, you can File and Serve it separately.

 

[johnhn]

Thanks guys. Registered!

[johnhn]

Just to add to the confusion, I've received an apologetic letter from Barclays assuring me of their best attention and would I please allow them until June 29th to resolve the matter?

 

And another letter from Arvato giving me an "opportunity to partially settle" my account. They are delighted to inform me that they are in a position to extend a generous proposal to me, which is to pay "the lower balance" (they don't say what this is). In return, they explain, my credit file will get "a special flag" (oooh! goody!) called "satisfied" although, regrettably, the unpaid balance will remain on my account as an outstanding sum. Well, hey! Fair enough, eh? You can't have everything, can you? Mustn't grumble!

 

Or, in other words, I can either keep my default for free, or keep my default and give them some money. Hmmm....

 

Bloody idiots.

[slick132]

Hi John,

 

Have you heard yet that your claim has been served on BC and on what date ?

 

Ignore BC's assurance of best attention. Your court claim will supercede their attempt to delay.

 

Re the begging letter from Arvato, drop them an email saying :-

 

I refer to your letter of xxdate.

 

I am in the process of litigation against BC. Accordingly the account is in clear dispute and any further contact from you will be reported as a breach of the OFT Debt Collection Guidelines.

 

I suggest you contact Barclays Litigation to confirm they are being sued.

 

[johnhn]

Hello again. I dropped the ball on this due to something of an enforced hiatus (multiple bereavements). I'm back on it and have submitted a formal complaint/LBA to which I have received no reply. At all. I am now putting together my claim on MCOL.

 

Recently, Barclaycard wrote to me saying "We didn't send you one or more statutory notice(s) and now need to give you a refund". They've applied a refund of notices of sums in arrears and default sum notices, plus interest, totalling £169.15.

 

My account balance is thus now £129.13, against a credit limit (whilst the account was still open) of £150. Yet it is still defaulted. Bit confused as to how an account be defaulted when it's within its credit limit...

[slick132]

Please remind us about :-

 

1. The amount you seek to reclaim in charges.

 

2. The amount of interest - the up to date figure as per the spreadsheet. Open it today and it'll update with an increased int't figure.

 

[johnhn]

Total of charges: £564.00

Total of interest: £721.26

Total: £1285.26

[slick132]

So the amount recently refunded is nothing to do with penalty charges, in which case I think you can proceed with issuing the claim if you're now ready and willing.

 

crack on and keep us posted .............

 

[johnhn]

I've started the claim on MCOL - think I'm going to need someone to talk me through it...

[slick132]

Hi John,

 

It's all there for you to read in the Barclays **WON** forum. There are many BC cases that have been WON including Compound Interest.

 

But we'll be here to help if you get stuck.

 

[johnhn]

Quick question. When this account becomes the subject of litigation, what happens re: data reporting?

[slick132]

You'll put in the POC that you require the removal of adverse CRA data.

 

BC will likely refuse any amendments but, when you stick firmly to your guns, they'll agree to adverse CRA data removal.

 

Is that what you were referring to ?

 

[johnhn]

Hi slick, no, I was referring to Barclays continuing to process my data (adversely) while the matter is in legal dispute

[slick132]

Go for them in court and get them to agree to stop reporting adverse data.

 

That's they way to go .........

 

[martin2006]

They will continue to report adverse data until its removed from your CRA fike.

 

They will also try telling you that it cant be removed! Its all rubbish, they’ll remove it eventually but you MUST include it in your PoC.

[johnhn]

Minor but possibly significant development. When I sent my LBA I thought it might get more of a reaction if I cc'ed Barclays litigation department, rather than waiting for the complaints/customer service "we are satisfied you are wrong" dance to play out...

 

I received a letter yesterday from TLT solicitors, thus:

 

"We are instructed to act ono behalf of Barclays Bank Plc (the Bank) [weird] and have been passed a copy of your letter before action addressed to Barclaycard, dated 27 September 2017 [wrong date]. Please refer any further correspondence in this matter to this firm.

 

We are taking steps to investigate the matters referred to in your letter and so will endeavour to provide a response within the next 21 days. The Bank's position is reserved until we have had an opportunity to respond in full."

 

Interesting!

 

I'm inclined to press on with MCOL regardless.

[slick132]

You're wrong to expect a reaction from Barclays in response to your LBA. They get many similar threats that amount to nothing. They're only interested WHEN you actually file a claim.

 

Even then, it's a very minor issue to Barclays, even though it's a big deal to you.

 

Proceed with filing the claim via MCOL and ignore the sol'rs for now.

 

[johnhn]

I agree. Never had anything but flannel before, which is why I thought it interesting that the first response - this time - was from solicitors.

[johnhn]

I'm finishing my POC (having adapted it from those in previous threads). On MCOL, it says:

 

"A short statement (maximum 1080 characters) of what you are claiming for and why."

 

How have previous claimants summarised their POC for this section, and how/when/where is the POC proper submitted?

[slick132]

If the POC exceeds what you can put on MCOL, they allow for you to serve the POC on the defendant by post.

 

On the section for POC on the MCOL N1, say full Particulars of Claim will be Filed and Served by post.

 

[johnhn]

If the POC exceeds what you can put on MCOL, they allow for you to serve the POC on the defendant by post.

 

On the section for POC on the MCOL N1, say full Particulars of Claim will be Filed and Served by post.

 

 

Thanks slick. Here's my first stab at the summary statement:

 

"The Defendant added default charges to the Account for: Claimant’s failure to make minimum payment on due date/exceeding the credit limit/if a payment is returned.

 

The Defendant registered a default on the Claimant's Credit profile.

 

The default charges were applied in accordance with the standard terms of The Agreement which were:

 

a)A penalty payable on breach of contract and thus unenforceable: and

 

b)An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

The Claimant is thus entitled to repayment of the sums wrongly added to the Account.

 

The Claimant claims:

 

1)Refund of penalty charges

 

2)Restitutional interest at 34.9%

 

3)Interest under s69 of the County Courts Act 1984 at 8% per annum from date of claim to judgment or sooner payment

 

4)Court costs

 

5)Removal of default notice/all other adverse credit data for the account, as the remaining account balance is made up wholly/significantly of unlawful penalty charges/associated interest

 

Full Particulars of Claim will be Filed and Served by post"

 

(There are separate text boxes after the summary/statement for the claim amounts and court costs so I left them out of the summary).

[slick132]

Hi John,

 

1. Where did you get this POC from, or have you drafted it yourself.

 

2. Is the claim for 34.9% a typo - that's higher than any other claim I've seen here.

 

This is far shorter than PoC's that were used in the past but I'll get Andyorch to look in when he has a mo.

 

[johnhn]

Hi John,

 

1. Where did you get this POC from, or have you drafted it yourself.

 

2. Is the claim for 34.9% a typo - that's higher than any other claim I've seen here.

 

This is far shorter than PoC's that were used in the past but I'll get Andyorch to look in when he has a mo.

 

 

Hi slick, this is not my POC, this is the "short statement (maximum 1080 characters) of what you are claiming for and why" on MCOL, the last sentence of which is "Full Particulars of Claim will be Filed and Served by post" as you suggested. I am adapting my full POC from Sabresheep's Barclays thread.

 

I have claimed 34.9% as that is the interest rate charged by Barclaycard on my count - my view is that less is not fully restitutional. That's what they charged me, that's what I want back.

[slick132]

Sorry, I was confused by your comments in post #45 which mentioned the POC.

 

The short statement could be shorter than above :-

 

"The Defendant (Barclaycard) added default charges to the Claimant's credit card account for: Claimant’s failure to make minimum payment on due date, exceeding the credit limit, making a payment that was returned unpaid.

 

The Defendant registered a default on the Claimant's Credit profile.

 

The Claimant seeks repayment of the default charges wrongly added to the account plus restitutionary interest.

 

The Claimant seeks removal of default notice and other adverse credit data for the account, as the remaining account balance is made up wholly or significantly of unlawful penalty charges and associated interest.

 

Full Particulars of Claim will be Filed and Served by post."

 

Don't post the full POC on your thread please.