Camdenite Vs. Providian/Monument "WON"

[Camdenite]

Keeping schtum. Back in a week or so, I hope.

[Camdenite]

Think it's safe to request judgement yet? Postal strike has had a few deliveries to sort itself out. No defence received here. Should I check with the court tomorrow and then make my way down if they confirm they haven't filed?

[slick132]

Hi Camden,

 

Tomorrow puts them 14 days past deadline to respond to N1 but leaves 2 weeks more time to file defence if they say they did, or would now like to, acknowledge your claim.

 

2 more weeks would see them outside the defence deadline as well.

 

Could you wait another 2 weeks - only reason I suggest this is bank and their reps have shown time and time again they are quite happy to say WHATEVER they want to get WHAT they want.

 

If you can wait that long, why not do it - then they've no option but to settle.

 

Just my opinion.

 

Slick

[Camdenite]

Thanks Slick. I can wait;) . The thing that really grates though is the "flexibility" the banks seem to get over this. It's still totting up a little interest, mind.

[slick132]

Good attitude - I think you'll benefit in the long run.

 

Yeh, it's maddening how banks are getting away with the general abuse in using the court system and Stays to put peeps off claiming, and then they take the Micky missing deadlines, etc. and getting away with it.

 

And 8% is not too bad at all!

 

Slick

[Camdenite]

Still no defence or acknowledgemnt of service filed by b/card. Checked with the court yesterday. Rather dumbly I completed the "Request For Judgement" on the Notice of Service a couple of weeks ago when I was all excited about being able to finish this off.:o Does anyone know if I can just tipp-ex it out or do I need to complpete a new form?

[slick132]

When you fill it in, why not take it to court and see if they're happy with it. Complete a new one there if nec'y.

 

Have you looked on site for a copy. Try here and put N225 in the from box, then search - Making a Claim

 

Slick

[Camdenite]

Right, Request For Judgement goes in today. Still not a peep from anyone a Monument or Barclaycard. Any last bits of advice?

[slick132]

Hi Camden,

 

I'd also now contact the Lit'n Team (have your SOC handy with uptodate int't + court fees = Settlement figure). Tell them you want pay't immediately but won't discuss anything until they pay up.

 

They may want you to delay getting judgement or agree to have it set aside.

 

Money first - and then you'll be nice !

[slick132]

Try calling or email to Kate Ashton.

 

mailto:[email protected]

 

Remove the space in the address (the site auto adds this) before using.

[kiri260180]

Hello Camedinte

 

I have been reading through and wish you good luck - looks like they are giving hell (including the court) right to the bitter end.

 

I still have not received anything from them - I truly believe they have lost my details - I have done everything to try to prise the details from them and nothing.

 

I hope you win every penny back - they deserve to start loosing cash.

 

Will have to start route of going to the court to get them to issue the statements - but if your case is anything to go by - I dont fancy my chances - I cant beleive they are allowed to behave in this way without getting fined or anything.

 

I am just truly disgusted with whole thing.

 

Anyhow good luck and fingers crossed for you that it is resolved shortly.

[Camdenite]

Thanks Slik & Kiri, I've been away for the last week (got called away with work at short notice) so still haven't requested judgement.:o . I'm in tomorrow morning morning though and will call Kate tomorrow and let het know I've filed. I'll be back with an update tomorrow evening.

[Camdenite]

Hi Camden,

 

I'd also now contact the Lit'n Team (have your SOC handy with uptodate int't + court fees = Settlement figure). Tell them you want pay't immediately but won't discuss anything until they pay up.

 

They may want you to delay getting judgement or agree to have it set aside.

 

Money first - and then you'll be nice !

 

Hi Slick, I'm not sure I follow 100%. There's not any scope for negotiation on their part at this stage is there? Once I've filed, surely they have a set time to pay up? How long do they have by the way?

[slick132]

Hi Camden,

 

Your only focus should be getting your money back from bank, ASAP.

 

Getting it paid by agreement with Kate Ashton or other at BLT is easist.

 

If you get your judgement, they still have a nasty habit of objecting at Court and/or delaying pay't. Even with you Judgement, you may not get paid for weeks.

 

Contact KA at BLT and say you will file for Judgement unless they agree to pay the full amount you are owed (use copy of updated SOC showing chgs, s.69 int't + court fees) within 24 hrs.

 

You are not negotiating - just giving them an up to date settlement figure.

[Camdenite]

Cheers Slick. Do you have any phone no's for Kate or any of the lit team?

[Camdenite]

Don't worry. Found her details on another thread. I've left her a voicemail and e-mailed her.

[Camdenite]

I spoke with kate this morning and e-mailed her an updated schedule of charges with interest up to the current date.

 

This is the response I got:

 

Dear Paul,

 

We have not yet received any information from the court re getting a claim form in relation to your claim so we will therefore be unable to process a payment or investigate your charges before tomorrow morning.

 

Kind Regards

 

Kate

 

 

Is she, in effect, claiming that they have not received the claim, so therefore are not subject to the terms laid out as to what deadlines they have respond?

 

Any help please as I'm not sure of my next move.

[slick132]

Email KA saying:-

 

The deadline for BC to acknowledge my claim was 1st Oct and BC's Defence should have been Filed by mid Oct. As both these deadlines have been ignored, I am about to file for Judgement.

 

I thought you might appreciate the opportunity to settle and avoid the resultant CCJ which will go against Barclays Bank PLC.

 

If you are unwilling to confirm that you will settle on the basis of the figures I sent to you on 6th Nov + another day's interest giving a total on 7th Nov of £xxx.xx, I will file for judgement on 8th Nov without further notice.

 

I had hoped that we could avoid troubling the Court further in this matter and it is now up to you.

[Camdenite]

Thanks Slick.

 

Here's the response I got:

 

Dear Paul,

As I mentioned yesterday we have still not received the information from the court, we are unable to process anything before we receive this they have stated that they will send it over by fax.

We are unable to accept your breakdown as you have incorrectly worked out the interest the statutory rate of interest allowed is 8% compound interest of 22 % is not allowed. Therefore we will be unable to agree a settlement amount today im afraid.

Kind Regards

Kate

 

I need to go back throwing the Sempra case at them don't I? Is there any reason why they would not have received my claim from the Court as they are claiming?

[kiri260180]

I cant believe the trouble they are giving you!!!

 

If it were me I would file for judgement - no more running around you have all the docs from the court to support the timescales and the fact that they are claiming they have not received the papers from the court is not your problem.

 

You have given them ample oppurtunity to settle and they havent - so file a judgement and let the court take them to task.

 

There are some threads on here that Credit Card compunded contractual interest is completely justified - I will try to find them for you - it is only really Current Account where the water is not so clear.

 

I will try to find them for you.

[kiri260180]

Here is the link - you hjave to read towards the end - as this is when credit cards comes up and the argument as to why it is okay for credit cards.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html

I will keep searching for you.

[kiri260180]

If you go to this link and page 2.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/78029-km_s-capital-one.html

 

It gives the POC with contractual interest - it may give you some reasons as to why you are claiming the contractual interest.

 

Hope this all Helps - and Good Luck

[Camdenite]

Many thanks Kiri. Just drafting her a final mail now and then off to Court during my lunch break.

[slick132]

Hi Camden,

 

Clearly, they're trying to get you to drop from CI to SI and will not settle voluntarily on CI so Judgement is next step.

 

By the tim eyou get this, I assume you'll have been to court anyway.

[Camdenite]

Hi Kiri & Slick. Judgement was filed yesterday. I'll keep you posted. What time-frame are we now working within? Do they have a set period to comply with the Judgement?