Ds V Barclaycard Litigation In Progress*won*

[Bailiffchaser]

they will probably file overnight or even over the week end !!!!!

sorry but this is how they play their game !!!!!

[doo]

subscribing

[TUTTSI]

they will probably file overnight or even over the week end !!!!!

sorry but this is how they play their game !!!!!

 

Well not sure that they will, if they do they will have to demonstrate to the District Judge how they worked out their charges and we all know they will not show their hand. I have typed out from the Judges Directions

some of the salient points that they have to deal with.

 

- They will have to advise if the charge is accepted as a penalty.

- If the charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

- If such a charge is not alleged to be a pre-estimate of the defendants loss incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

 

I can also tell you that GM card had exactly the same directions, they HAVE NOT responded and to day I have requested that the courts strike out their defence in accordance with the Judges directions. I will deal with Barclays next week after the deadline.

DS

[TUTTSI]

subscribing

 

Welcome Doo, do you have a claim with Barclays!!

[doo]

Hubby has, the charges probably don't come to that much (well may be surprised) but after watching Whistleblower last night what the heck, Barclays deserve all they get - so SAR going off shortly. Sounds like they are giving you the run-around. Am dealing with 2 cap one claims at the moment so hopefully by the time I get statements for Barclays these will be drawing to a conclusion.

[TUTTSI]

Doo, I must tell you Cap One have been the easiest to deal with of them all, once you reach the stage to issue the MCOL and they then file their defence, on or by the last day they settle in full. I claimed contractual interest and they paid every penny + court fees. My first claim that was settled. Do not be put off with their rubbish letters and stick to your timetable.

Ds

[Bailiffchaser]

Well not sure that they will, if they do they will have to demonstrate to the District Judge how they worked out their charges and we all know they will not show their hand. I have typed out from the Judges Directions

some of the salient points that they have to deal with.

 

- They will have to advise if the charge is accepted as a penalty.

- If the charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

- If such a charge is not alleged to be a pre-estimate of the defendants loss incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

 

I can also tell you that GM card had exactly the same directions, they HAVE NOT responded and to day I have requested that the courts strike out their defence in accordance with the Judges directions. I will deal with Barclays next week after the deadline.

DS

 

 

Will probably discover that they have filed overnight. !!!!!!!

[TUTTSI]

Since I have not received Barclays, bundle as directed by the court their deadline has now gone which was 4pm today. To be fair to them I will give it till Tuesday and then confirm with the courts, if they have not received anything, then I will write to the courts for a JUDGEMENT. As soon as that is received I will get the BAILIFFS in.

DS

[Bailiffchaser]

Mat be the whistleblower programme has kicked some shame into them ? If i were you i would wait til monday morning and shoot staright down to court. They could also be complete stingies and turn around and appeal on the basis that they did send out a bundle !!!! They could have sent one to the court and so on.

[Tiffla]

Hi, DS.

 

In a 'sick' kind of way - i wish i was in your shoes.

 

Although my claim is with First Direct for bank charges at the moment, Barclaycard is next on my list.

 

I actually WANT to go to court.

 

Good luck with everything!

[doo]

DS, sounds like fun.

[TUTTSI]

Thanks Tiffla and Doo, and good luck with your claims. Afetr watching Whistle Blower on Wednesday, I do not feel sorry for Barclays, they employ people without proper references and possibly with Criminal records, they rob us of our MONEY, so what the heck, I'm going for it BIG TIME.

DS

[TUTTSI]

Received a letter from Barclaycard today reducing my Mastercard Credit Limit by £100, I also can not withdraw cash in the UK. I had an identical letter 2/3 months ago where they reduced my limit by £150. I am really not bothered as I am trying not to use the card and just paying each month and as soon as my statement is received. Still think this is a retaliation for claiming.

As I have still not heard a dickie bird from them. they will get their comeupence when I get that Judgement next week! and then the BAILIFFS!!!

DS

[Bicester1]

Hi all.

 

Been away so just catching up.

 

How's it going DS?

 

In my case Barclaycard have three days to file a defence! I am going to try for strike out as an abuse of process if they file or if they don't and apply for set aside of any default judgement.

 

Did Baliffchaser try that one?

 

Bicester1

[TUTTSI]

Hi Bicester, still no word from Barclays, their deadline expired on Friday to comply with the Judges directions, I am giving it till tomorrow when I will phone the courts to check if they have rec'd anything. Then I can send the letter as the Judge is striking out their defence and granting the judgement against them. Pretty cool stuff! after that it will be the BAILIFFS!!

Barclays will I am sure on yours, file the defence on the last day, this is usual for them. You also have to give it to at least the following day after 10am as this is when MCOL update their records to claim your victory.

Fingers crossed for you.

Regards

DS

[Bicester1]

Thanks DS.

 

I will wait and see! Hope all goes well with yours - keep us informed.

 

I am thinking about applying for summary disposal under CPR 24 as I believe that the fact thay have never defended means thay have no chance of success, but I'm not aware of anyone else who has tried this!

 

Will keep you informed - two days for them to file!

 

Bicester1

[TUTTSI]

Hi Bicester, I am just waiting for the court to open at 9am so I can phone them to see if they received anything!!

I was on a thread yesterday where the lady went to court and Barclays did not even show, nor did they send in their bundle, nor did they contact the lady to make a settlement. The Judge has given them 28 days to pay then a judgement. I really do not understand why the Judge did not give them a Judgement there and then for wasting court time. Re: Sophie v Barclaycard

Barclays seem to to falling under pressure!!

Good Luck - let me know what happens (as if I did'nt know already the outcome)

DS

[Bicester1]

Hi

 

How did it go?

 

Bicester1

[TUTTSI]

Hi Bicester

PHoned the court this morning, they said NO BUNDLE from Barclays, theres a surprise!! The lady told me that I need to send in a form, diffreent to what I was told last week with GM, they said just to write a letter. So she is posting 2 forms to me. We can then take it from there, if I knew what form it is perhaps I could download it. Maybe someone will be able to advise. Anyway the lady told me Willesden County Court is very behind and it may take weeks before they deal with it.

So if you have any ideas let me know!!

Thanks

DS

[TUTTSI]

Can anyone help!!

When I phoned the court today, the clerk said I need to fill out a form to get the Judgement. I downloaded the N225 form and this does not fit the criteria.

Basically, the Judge gave directions as follows:-

' If the Defendant fails to comply with the order the Defence will stand struck out without further order a Judgement be entered for the Claimant for the sum claimed'

So in this case and my GM Card case neither party have bothered to comply with the order and they should both be struck out and Judgement given.

 

My question is, should I be filling out a form and which one! or do I just write in and ask the kind Judge to issue the Judgement. Can anyone advise what I should be doing.

Many thanks

DS

[doo]

How confusing DS, conflicting information not really helping, I don't suppose it's practical to go into the court to get some help where it may be easier to explain all this and hopefull get the correct advice.

[TUTTSI]

Hi Doo

Your right very conflicting and confusing info from the courts.

I have however just received in answer to this question from Gary one of the site helpers the letter which I should be doing at this stage. He also says that on no account advise the banks that the letter was being sent.

New strategy for Allocation Questionaires,

I have copied it to word and added my information, and you are right I should take it to the court, so my o/h has offered to do this for me tomorrow. he will then be able to speak to someone about it, somehow over the phone the clerks cannot be bothered.

DS

[doo]

Hope it goes OK today and you get the correct info, put a post out let us know how you are getting on.

[TUTTSI]

Hi Doo, did you read my thread 63, Gary gave me the letter to send with the correct jargon in it, if you go into the link I put on that thread you will see the letter. I had already sent a letter on GM, but it was no way as strong as Gary's letter, so I re-sent GM and also Barclays letter by fax and certificate of posting. So I now await a response from the court. Gary, says not to contact the Banks to tell them, I believe the element of surprise is what he had in mind.

I will post further once I have had a response from the court and this I expect will take 2-3 weeks as they have a complete backlog! now there a surprise.

DS

[doo]

Yes DS I did read that post and will go and have a look at the letter, the more info you pick up the better you are armed. Hope this letter does the trick - how good is this site, everybody helping each other - I love it - will await your next posting. Good luck