Baclays Partner Finance- Default Charges CourtClaim issued

[ewgm]

Tough nut to crack getting them to remove the default data....they would be in breach of the ICO guidelines if the default is true and true reflection of your account.

 

Andy

 

@Andyorch

 

I went into default in a very early month and after that I was paying my loan into monthly direct debit till the end of the loan period. However, without me knowing whilst direct debit going through every month they were still continue applying default charge every month into my account.

 

Does that define true and true reflection of their action into my account.

[ewgm]

@Andyorch

 

Thank you Sir! points noted

 

regards

 

ewgm

[AndyOrch]

If the default was caused by the creditor and misadministration of the account then no its not a true reflection of your account...hence your counterclaim.

 

Send your final email.

[ewgm]

If the default was caused by the creditor and misadministration of the account then no its not a true reflection of your account...hence your counterclaim.

 

Send your final email.

 

Hi @Andyorch and @martin2006

 

this is the email I send to them:

Thank you for your email

 

I would like to make it clear that the bank did not accurately report default to credit reference agencies, as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges. No default would have occurred, if there was no inclusion of unlawful charges into my account.

Secondly, if the bank refused to declare that the adverse data reported about the account by Credit Reference Agencies be removed then I will not accept the offer by singing and agree to confidentiality terms as per Tomlin Order.

 

 

Please advise whether the bank agree to settle my claim positively as soon as possible and by no later than 4pm today or my court action will continue on the basis of my Schedule of Charges.

 

 

Yours sincerely,

 

To be honest I did not wait for the time limit, I have alreday filled the N225. Now let wait to hear the court.

 

Regards

 

ewgm

[martin2006]

Well done ewgm, please keep us updated as to what happens next. we fully understand about the terms that will be imposed by way of a Tomlin Order but what you must remember is that you are not bound by them until you sign the document, so post up until such time as you can no longer discuss

[slick132]

Just add my two penny worth ...........

 

Once the sol'rs see you're willing to accept far less than the value of your claim (ie no restitutionary interest and no court fees), they will feel they have the upper hand and your chance of them agreeing to remove CRA data is unlikely is reduced.

 

I say this based on a large number of BC/BPF cases where the claimant has refused to accept an offer until it is brought close to the value of the claim, including restitutionary int't.

 

Experience has shown that claimants do better when they refuse to accept lower offers but I fully understand why you want to get a lower deal if the CRA data is removed.

 

[ewgm]

UPDATES!!!!!!

 

Hi @Andyorch and @Slick132

 

I contacted the CCMCC yesterday and asked them what is the next step after received my N225 form. I was told it can take up to 5 days to be registered in the system. Then the court attendant told me that there is application shows in the system, however it has not been granted yet. If their application will be granted by the judges then my N225 form will be returned.

 

Barclays solicitor filed their defence today and sent a copy to me. The have denied that defaults and charges listed on my POC are not accurate figure as according to the account summary, which is verry funny . They have attached the account summary which shows that the total charges is way beyond their mentioned sum on their defence. That means either the solicitor does not know how to count or it was rush against time and did that mistake.

 

Then, they attached a letter which they claimed is a response from Barclays to my LBA. What is funny again, the letter is not a Barclays headed paper, there is only my address on the top of it and worst of all it has been addressed to my old address.

 

All in all now, Im starting preparing for the court bundle incase the court grants them an extension.

 

regards

 

ewgm

 

NB: Will post here their defence tomorrow morning

[AndyOrch]

Well as the defence was due on the 6th and they have filed the defence on 20th...that's 14 days over the allowed time process...so if their application is to request permission to file late.....you better kick up a fuss and strenuously object.

[ewgm]

Well as the defence was due on the 6th and they have filed the defence on 20th...that's 14 days over the allowed time process...so if their application is to request permission to file late.....you better kick up a fuss and strenuously object.

 

Thank @Andyorch

 

Who do I start with, the court or Barclays solicitors?

 

Please help there thanks

 

regards

 

ewgm

[AndyOrch]

You really cant do anything until you get a copy of that application and see what they are requesting ewgm

[ewgm]

You really cant do anything until you get a copy of that application and see what they are requesting ewgm

 

Thanks @Andyorch

[ewgm]

Hi @Andyorch & @Slick132

 

Yesterday I have received a letter from the CCMCC contained two forms attached together:

 

General Form of Judgement or Order which states that, 1. Time for service of the difence is extended tp 4.00pm on 20th July 2016.

 

Notice of Proposed Allocation to the Small Claims Track which asked me to take a note that this is defended claim and its appears that the case is suitable for alocation to the small claims track. Then by 15th August 2016 I must complete the small claims directions questionnaire (form N180) and file it with count court office(CCMCC)

 

So is it means that I can not contest against N225 form that filed to the court. Or I should complete N180 and wait for them at the court.

 

Your advice and contribution much appreciated

 

ewgm

[AndyOrch]

It means the claim is proceeding as the defence date was altered even without your consent (which is wrong CPR 15.5) so proceeding to Allocation (N180).

 

So forget the N225..you cant request judgment..complete the N180 by the date stated...but you can challenge this after allocation once you get the courts directions.

 

Regards

 

Andy

[ewgm]

Hi @Andyorch

 

Do I need to file a copy of N180 form to defendant??

 

Or I should just sent it only to CCMCC. Please advise me on it

 

Rgds

 

ewgm

[AndyOrch]

Hi @Andyorch

 

Do I need to file a copy of N180 form to defendant?? Yes and they should reciprocate.

 

Or I should just sent it only to CCMCC. Please advise me on it

 

Rgds

 

ewgm

 

Andy

[ewgm]

Hi Cagger ( @Andyorch , @Slick132)

 

Right! I did return the form and mediation was called last week Monday but failed to reach a satisfactory results. A week before mediation the Barclays solicitors wrote to me and ask to take charges on 8% without court fee not interest. I then refused their offer and expressed that I will only accept their offer on charges with restitution and court fees and interest basis.

 

On the mediation day they come with the smallest figure than they offer previous by saying that default charges where for letters which I accept it on terms form. I then expressed to the mediator that OFT challenge banks on the matter and they failed to produce evidence whether the £22.50 reflect the actual costs of producing default letter.

 

Then two days later, I took initiative to ask bank solicitors to pay the charges according to the basis of the POC or we have to wait for the matter to decided by the third part. I then received a email today that the bank has refused my offer and bank solicitor insists that in the mean time they are drafting a letter on an open basis which will be presented to the court.

 

To my understanding they are going to make an offer which will be presented to the court with their court bundle if I refused it. What they want is to show the court that I failed to reach a compromise.

 

So what should I do now, write them an open letter as well with my offer as the previous one was without prejudice?

 

Thanks

[martin2006]

I have the same situation with barclays, they like to play "see who blinks first"

 

Offer nothing now, if they want to go to court to explain and justify the charges, so be it, they will fall on their own sword.

[slick132]

You need do nothing for now but let us know if they write to you further.

 

This is their way of trying to unsettle you into taking a settlement lower than you'd want.

 

[ewgm]

Thank you so much Caggers

 

I will hold tight to my guns

[ewgm]

Hi @slick132, @andyorch , @martin2006

 

I have received the letter yesterday and I was shocked on what bank solicitor draft on the terms and conditions of the offer.

 

Notwithstanding the comments made above the Bank recognises the commercial benefits (in terms of time and costs) of reaching settlement. With this in mind the bank is willing to make you the following commercial offer of settlement in respect of your current claim and/or all claim arising out of or in connection with your banking relationship with the Bank including any claim as to costs and/or interest.:-o

 

Even if they would make an offer on full basis of my claim as to Particulars of Claim., I would not accept it with this conditions attached.

[slick132]

Hi EWGM,

 

This is what they'd say, even if they offered to settle in full as per your PoC.

 

Are you not happy about them saying it would cover everything between you and the bank, not just the charged reclaim ?

 

[ewgm]

Hi @slick132

 

They are not willing to settle in full as per POC. I also still banking them which I think might violate my rights in the future.

 

What's your opinion on this case, should I accept it and change the bank??

[slick132]

Ah, now I see what you're saying.

 

I know they're not offering to settle as per your PoC.

 

Any agreement as regards settlement of your current case would include matters arising up to now. You would NOT be signing away your right to take court action in the future regarding other issues that may arise.

 

I do NOT think you should accept their current offer if you're not happy about it. Stick to your guns and they are likely to offer more before a hearing.

 

Have you started to prepare the evidence you'll need to submit to court and the bank (normally) 14 days before the hearing date set by the court ? Get started on this in good time or you'll be panicking to put it all together by the due date.

 

[ewgm]

Hi @slick132

 

That is exactly where my concerns are, at the moment. Tactically, I'm required to reply their letter as they might use it as additional evidence to the court.

 

There is also a line states that once I accept the offer then the bank will pay it within 28 days, whilst usually the normal time is within 14 days once the offer is accepted.

 

I need shows that the terms and conditions attached to the offer was not in the spirit to settle my claim amicably as well as violating my rights.

 

Please could u give a direction on how to point out and address this matter perfectly.

 

Many thanks

 

ewgm

[ewgm]

Hi @slick132

 

Im also thinking of attach the copy of the letter to the Bank CEO and express my concerns on their solicitor or to tell the solicitor from what I saw on the terms attached to offer Im not willing to engage with her in negotiation any longer unless they come up with serious offer.

 

Please could u give a direction on how to point out and address this matter perfectly.

 

Many thanks

 

ewgm