Ds V Barclaycard Litigation In Progress*won*

[bitingback]

Hi DS,

 

Saw your news on Tricia's thread, congratulation to you on many counts, have fun with Shabbey!!

 

Congrats again

 

BB

[doo]

That is fantastic ds

 

Just interest to know though what was para 3 asking?

[TUTTSI]

Doo, just for you! this is copied from para 3 is on my thread 17 above, what is in red was my questions at the time. Garyh one of the site helpers helped me with the preparation of the bundles and what was needed from my side. Without his help I could not have done it. I must tell you I had two lots of bundles to do, and the Judges direction/Order, only gave me 3 days to get filed in court for my GM card and 7 days for Barclays, I almost had a neverous breakdown, Barclays took a lot of photocopying as there were a lot of statements and everything has to be done 3 times.

Well, I am going to write again by fax to to Adrian St John, in the Litigation following my earlier email and tell him that I now have the judgement in my hand and ask him to deal with it by return, or I may want to inform the press!!

 

Enjoy,

DS

 

3. Subject to the Claimant complying with paragraph 2, the defendant do by 4pm on 23rd March 2007 clarify the defence by filing in court and serving on the defendant ( I think the courts have made a phopar should be the claimant, should I bring this to the courts attention) the following information.

a)pursuant to what contractual provision each charge identified in paragraph 2 was made. What does this mean!!

b)whether such charge is accepted to be a penalty and if not why not.

c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such actions (whether or not such action is treated as a breach of contract between the 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 dealingwith the matter was.

e)if such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be aduced at trial to show that the charge was fair and reasonable.

f) the statements of any witnesses whose evidence is to be relied upon at the hearing.

g)copies of any decided cases and other legal materials to be relied upon

 

and if the defendant fails to comply with this order the defence will stand struck out without further order and judgement be entered for the claimant for the sum claimed.

 

4.Any party affected by this order may apply to have it set aside, varied or stayed provided such application is made to the court in writing no more than seven days after the date on which this order was served on that party. Do I need to anything here!!

 

5. The court is of the view that this matter ought to be settled by sensible negotiation or mediation and will take into account that the failure of either party to follow such a course when dealing with the question of costs. Is this normal!!

 

How does this fair with other courts and has the Judge covered everything!

 

Your help in this matter would be as usual very much appreciated.

 

In any event I will call Barclaycard in about 7/10 days time as I have read on other threads that this is the suggestion to ask them to a settlement to avoid costs and the valuable court time.

[doo]

I like para 3 - I am sure I will need some help later on, have just finished my letter to cap one and I will post it on my thread once they have received it. I will read it in more detail later, I have to go over these things a few times I am afraid - dog wants walking. I am hoping this sort of thing will keep cap one out of the court room but if I do get that far you can be sure I will be wanting a breakdown of their charges. I may need to enlist the help of Garyh, we do not see him in the cap one forum - maybe he will pay a visit . Cap one have until 4th to defend.

[TUTTSI]

Doo, you probably wont get that far with Cap One, they normally pay out a few days after they put in the defence and then put the money into your account, asuming you still have a live account. My claim with Cap One was so easy, that is why I freaked when I got the Judges Orders to follow, I did not know what hit me. But it was all good in the end and Gary certainly knows what he is talking about. Some courts are not now sending out AQ's, but I do not think you will have any problems with Cap One unless they have changed their tact since December/January.

DS

[doo]

Well what they have done is said they will pay charges, 8%, all purchase interest paid on the account and my court fee, they have cleared the balance on my card and have stated they have sent me a cheque. They have said they will not pay the contractual and they have written to the court to let them know, presumably this is their defence. The claim is short of £1,000, now I would have accepted charges before court action but they have had since 1st February to re-pay me and I have claimed CCI from my prelim, they have paid out 3 claims this week contractual but I know mine is for more money. I have written a letter and will post Monday basically saying no-deal and that now it is for the judge to decide the interest they pay - they had their chance. I have asked them to take the money back off the card and that I will send the cheque back to them, I have not accepted this and not signed either. Do you think I am mad - they have not put their defence in yet as I checked with the court on Friday and she told me to check early next week and if they have not received one to get my judgement in a day early so they have it for the 4th. What do you think, will they take me all the way or will they back down?

[TUTTSI]

Doo, they always do this, but they will settle. I claimed the rate of interest they charged me whatever that was and they paid all of it Contractual rate on a simple interest term

DS

 

ps have you sent the rejection letter and accepted on a partial settlement!

[doo]

No I haven't accepted any of it, have just rejected it - have written a 3 pager and will post it up once they have received it. Did not want to accept any and just go to court to sort out interest - want my claim to stay intact but not sure they will remove the funds from my card now, I have insisted but we will see. Letter goes Monday so they should have it by Tuesday. My claim now amounts to just £3,000 and I reckon that may be the reason, have been trawling the threads to find some payouts around that figure, do you remember any?

 

Thats why I was so interested in your para 3 on the breakdown of the charges, am obviously trying to make a big point of this.

[TUTTSI]

Following an email I sent Barclays on Friday evening, I had a very positive response this morning. The letter confirming that they will pay me in full including my time in preparing the bundles and contractual rate of interest (simple terms) + court costs they are drawing a cheque for the sum of £2105.47.

I told them that I wont be telling the court that I have settled until I receive the chq and it is banked. It may not come in time to be cleared by Monday next week, when the court date is set, and I did not tell him I already received the notification from the court that they have already given the judgement so all I can do is tell the court that they have agreed settlement and ask that they delay the hearing to give a chance for the chq to arrive and clear. Barclays tell me it takes at least 3 days to get a chq drawn, how bad is that. They really do not care about whether they have a judgement against them or not. Lets see the cheque arrive first, before we say anymore!

DS

[doo]

Positive news ds, good for your in getting extra for preparing those court bundles. It's a shame they could not pay you by BACS into your account.

[TUTTSI]

Following my conversation with the litigation department today, agreeing my claim, the gentleman did tell me that they will before long bring a test case and all the cases will be put on hold untill after the hearing. He said they are just waiting on the right claim and of course taking Barristers opinions as we talk. But at the moment they will carry on settling claims as they get closer to the hearing date.

DS

[doo]

I wonder what he means by the right claim - hope it's not mine

[TUTTSI]

No I think he was trying to put a frightener out. But who knows what is really in their mind. I can only repeat what he told me! Who knows what he means by the right claim!

DS

[TUTTSI]

Hi all,

The cheque has now been received and banked so my claim is now well and truely settled in full. It includes 9 hrs at £9.25 for preparation of the bundles and the return of the court fees, all my charges and interest at contractual rate.

 

I have therefore advised the court that I am vacating the hearing tomorrow. I have done the survey and donation has also been done.

 

All I need to do now is have this thread moved to settled.

 

Good luck with all your claims and for all the help given on my thread.

 

Regards

DS

[livelylad]

Congtratulations.

 

Please complete our survey.

[Bicester1]

Well done! nice one.....

 

Bicester1

[Bookworm]

Following my conversation with the litigation department today, agreeing my claim, the gentleman did tell me that they will before long bring a test case and all the cases will be put on hold untill after the hearing. He said they are just waiting on the right claim and of course taking Barristers opinions as we talk. But at the moment they will carry on settling claims as they get closer to the hearing date.

DS

 

Funny, they said the same thing 1 year ago. We had someone who knew someone who knew Keith Jeremiah, and it got reported to us that from now on, they were taking EVERY case to court... Well, see what happened???

[doo]

Good to see your claim has been concluded, well done ds, what a learning curve this one has been. Expect to see you in the Abbey forum soon

[TUTTSI]

Lively Lad, The Survey and donation has already been done.

 

Bookworm, Who is Keith Jeremiah! But in honesty the chap at Barclays was extremely helpfull and hopefully will conclude my hubbys claim with Barclaycard tomorrow, to save him doing his bundle for court as he has just got a court date for August. He has given me a direct telephone line and if anyone wants a good contact in the litigation department please ask them to PM me and I will give the details. He did agree unofficially that they were never going to prepare to go to court.

 

Thankyou everyone for your support and good wishes.

DS

[millymollymoo]

CONGRATS DS!!!

[millymollymoo]

Following my conversation with the litigation department today, agreeing my claim, the gentleman did tell me that they will before long bring a test case and all the cases will be put on hold untill after the hearing. He said they are just waiting on the right claim and of course taking Barristers opinions as we talk. But at the moment they will carry on settling claims as they get closer to the hearing date.

DS

 

I reckon it will be my O/H!!!!

 

milly XX

[TUTTSI]

No, it won't be, unless it goes to a Mercantile Court. there was 77 cases listed at Leeds Mercantile Court a few weeks ago, before they even got to court at least half were settled, all but 4 cases have now been settled which was just prior to the directions hearings and because there were some minor points to sort out, at least 3 cases will be settled before the next hearing and the case which is suspect at present is Citibank, they seem to be sticking to their guns! but I am sure they will cave in on or before the hearing. The Judge their has told the banks that he will make a test case if they fail to settle prior to hearing. My source at Barclays, told me what happened at Leeds and he was the one who told me about their preparation for a test case. It is in my honest opinion only that it is just big talk. The Banks have had ample opportunity to bring about a test case and none of them dare to go down this route! why do you think they will not give their breakdown of charges as they know it will cause even a bigger influx of people claiming back, or even the Judge may direct them to pay back the difference to ALL customers between their actual costs and what they have charged. I am sure they would prefer to deal with each claim as it comes along and hope that we will forget about it and it will go away.

Keep going with your O/H claim and don't forget we are all here to support you!

Hope your car will soon be better! I am looking for a car at present and really do not know what to get. I wanted a Smart Car but my son and O/H told me that it was inpractical. So it's back to the drawing board.

All the best

Dsxxx

[TUTTSI]

SETTLED, SETTLED, SETTLED..........................

 

The good news is that BARCLAYS have today sent a cheque in FULL payment of the claim. The court date was scheduled for August, but after I spoke to a nice guy in the litigation section ( he has since left) when they dealt with settlement of my claim they agreed to pay my hubbys claim earlier They also confirmed at that time they would not be attending court or doing any bundles. From the time they agreed to pay and they eventually sent the settlement letter it has taken 3 weeks to raise a cheque. Well the day came and as soon as the cheque clears a donation will be on it's way.

 

With special thanks to Tanz and Garyh for your help/

DS

[Macgirl]

Hey DS, was this with contractual interests too?

[TUTTSI]

Hey DS, was this with contractual interests too?

 

Hi Macgirl

Yes it was! arround 16/18% depending what was on the statements!

What stage are you at and have you your own thread so that we can follow your progress.

ds