Any stays applied for against Barclaycard claims due to OFT bank charge test case?

[noomill060]

Absolutely-Damn right- go get 'em.

 

No mercy and no surrender.

 

Claim back every penny- charges and interest.

[moneyhelp]

Amen to that guys - I'm with you 100%

[LS123]

I have taken this text from the OFT website - it states that £12 is the maximum charge!

 

"The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.

[Paintball]

Yes, LS123, and it states further that ...

 

"A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the [issuer] reasonably expects to incur as a result of default."

 

Noomill, my N1 includes removal of default as does my N1 for NatWest so you and I are in the same position ... just remind me when you filed your claim please. TVM

[pjdavies2000]

This is all very good peeps!

 

I am currently telling anyone who'll listen to start on their CCards whilst the test case is in motion - no point wasting valuable time not suing anyone!

 

These little notes are also very useful, and no doubt will come in very handy!

 

Has anyone heard anything about the prelim hearing today? If there is anything in that that leaves a hole for us to get through I'd like to explore it, and make it work for us!

 

Peter

[disgruntledofcornwall]

I'm certainly going to screw them for every penny and enjoy it, thanks!

 

Started with the SAR for charges details today and just posted it, I did mention the microfilches as well and that the Data Officer had ruled they were covered by the DPA so thanks everyone.

 

Peter

[FredT]

Hi

 

can anyone help me. I have won three Bank current account claims - one in and two out of Court.

 

I want to start a claim for charges on my credit card which I understand is a slightly different process?

 

Can anyone point me in the direction of any differences in what I actually claim - and in the paperwork - SAR, POC etc?

 

Fred

[moneyhelp]

Hi Fred - it would be helpful if you start your own thread ;-)

[noomill060]

Hi Fred- best read the FAQs before starting. Moneyhelp is right, if you start your own thread oy makes it easier to help you and saves confusion on this one.

 

Please dont take this the wrong way, you will get help, just start a thread specifically for your problem.

[TECHSPEC]

The banks defence for current accounts, is based on there being no contract, and therefore they say the charges are fees for a service.

 

But with credit cards, there certainly is a contract. We have to stick within an agreed limit, and pay a minimum amount each month by a set date.

 

If you breach this contract, you are charged. So we are on much more solid ground with regards to credit card.

 

I am sure i have a letter from a credit card, confirming that the charges were for breach of contract. I will look through my papers.

 

I filed against Barclaycard for myself and a friend on the same day. Yesterday, they defended mine, but my friend won by default.

[Aqualibrium]

Thank you for this thread, I was actually about to start one to ask the same thing - if the test case would effect credit card charges claims.

 

If I gather what's been said correctly, it looks like as the OFT have already 'addressed' the level of charges on credit cards and subsequently advised that they should be no more than 12 pounds, therefore, any stays on claims against credit cards wouldn't be entertained?

 

I have 2 by the way, one is with Capital One, I am unsure of the charges amount, but the balance is about 170 over my limit, which is predominantly charges. The other is Barclaycard which is sitting at almost 3000 (!!), my limit was 2000, but the charges were incurred before I began going over my limit. I took a look at the interest charges and late payment charges and nearly fell off my seat:

 

Over Credit Limit Charge - 12.00

Interest on your standard balance - 38.98 (!!)

Interest on your cash balance - 13.61

Total - 64.59!!

 

The previous months charges totaled 73.13 (Oh MY!)

 

Barclaycard have passed my account to Mercers Debt Collections Agency, so does anyone know if when I begin my claim do I send the S.A.R. to Mercers or Barclaycard?

 

Also, Capital One passed my account to a debt collections agency too and then I received a letter from them saying it had been passed back to Capital One and if I didnt pay up it would be sent to another debt collections agency, whats that all about?

[moneyhelp]

My account is also now with Mercers - I sent my SAR to Barclaycard and eventually got all my statements.

 

Take a look at my thread to see where I am going with this.

 

Anyone seen the BBC website this morning?! I am not allowed to post the link, but this has ****ed me off

Pre-tax profit at the bank rose 12% to £4.1bn

 

Go get 'em guys!

[noomill060]

aqualibrium- Mercers ARE Barclays!

 

Just start your claim and serve it on Barclays Bank PLC t/a Barclaycard, when you know what all your charges are and how much interest youve been decieved into paying.

 

If you are being hassled by Mercers- send a CCA s.78 request, this will put the account into dispute, shut the bar stewards up and give you time to evaluate your charges situation.

[noomill060]

aqua- send your SAR to Barclaycard.

[Aqualibrium]

Cheers Moneyhelp,

 

I will pour over it, as I may be going down a different route from before here, depending on the amount of the charges. (With my Nationwide claim, I went down the FOS route, due to the amount of the claim being over the Summary Cause limit for Scotland)

 

Thanks Noomill060,

 

I like the sound of that CCA s.78 request, considering I have had to unplug my phone over the last couple of weeks to get peace! Even though all my creditors have been informed I am seeking debt advice and any offer of payment will depend on a thorough assessment of my financial position.

 

I don't suppose anyone could point me in the right direction to get info on this CCA s.78 request please?

[Aqualibrium]

In fact, ignore that last comment, I'll do a search. Duuuhhh

[noomill060]

Send them this-

 

Your address

 

Their address

 

date

 

Section 78 request Account number XXXXXXXXXXXXXXXXXXXXX

 

Dear Sir/ Madam,

 

Under section 78 of the Consumer Credit Act 1974 you are ordered to supply me with the following:

 

1)A True copy of the excecuted agreement conforming to the prescribed format under the Act.

 

2)Any deed of assignment

 

3)A statement of the current balance you claim is owed under the credit agreement

 

I enclose the maximum statutory fee of £1 (Postal Order no. xxxxxxxxxxxxx) I retain the receipt for this and the reciept for this letter sent by Recorded Delivery (tracking number xxxxxxxxxxxxxxxxx)

 

Yours faithfully,

 

 

aqualibrium

 

Send a PO rather than a cheque- its verifiably traceable by the Post Office and they cant deny recieving this notice if you send it by Recorded. Keeping the reciept means you can prove they recieved it by using the Track and Trace facility at www.royalmail.com

 

They have 12 working days to supply you, after which time they have deemed to have made it unenforcable (until they do) and if they fail to do so after 30 they commit an offence.

 

 

Start a thread of your own so we know where you are, and keep us informed what happens.

[Aqualibrium]

Thanks a lot Noomill.

 

I would just like to double-check something, am I right in saying that the purpose of the above letter is to put my account in dispute and that I send this along with my S.A.R.?

 

I will start a thread now. (here we go again )

 

Thank you for all your help!

[noomill060]

No, the purpose of the s.78 request is to force them to provide evidence that you owe them anything- until they do they cant hassle you or enforce whatever agreement they may have.

 

But, yes, it has a secondary effect of putting the account into dispute UNTIL they comply.

 

The SAR is a request for all the data they hold on you, including all the charges and interest charged on the charges.

[noomill060]

http://www.consumeractiongroup.co.uk/forum/barclaycard/109467-barclaycard-case-stayed-court.html

 

Mod advice needed here.

[civilchris]

Sorry if this has been asked already !

 

I'm in court with Barclaycard on the 25th of Oct , and been asked to fax over my defense to their Legal Section , (what do I send ) also I have downloaded the basic court bundle of here but been told I have to put some details of mine on there , how do I do this ?

 

Any help would be great !!!

[shazzzaaa]

My husband has a court hearing in September against Barclaycard. We have followed the reclaiming process all the way to exchange of bundles. A letter came through yesterday from the bank informing us of their intention to ask the Courts for a stay of the claim. Are they trying to scare us off and if so, does anyone have any ideas on what response we should make?

[lesleyjane]

I have just received a letter from my local court which states:

 

Upon reading the court file

 

And upon the court noting that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts.

 

And it appearing that the issues raised in the test case are similar to those in this claim.

 

THE COURT OF ITS OWN INITIATIVE ORDERS THAT:

 

1. This claim is stayed until 31st March 2008 with a view to awaiting the decision in test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay.

 

2. If no such application is made, the court will give directions of its own initiative on the expiry of the stay.

 

3. The allocation hearing listed on (date) be vacated.

 

 

 

Can someone please tell me what I should do now? I thought the stay was only applied in the case of current accounts. Who should I speak to?

Would appreciate any advice PLEASE !!

[noomill060]

There now seems to be a pattern forming here.

 

Shazza- I would recommend that you make a photocopy of this letter from barclaycard and send it, together with a letter to the FSA complaining about Barclaycard's abuse of the waiver, which ONLY applies to current account claims not credit cards.

 

lesley jane- you need to apply to have the stay removed for the same reason. Judges seem to be confusing credit card claims with claims for the return of unlawful penalty charges applied to current accounts.

[pjdavies2000]

Would be interesting to know if any of those having stays applied have also been going for a removal of defaults?

 

I can't see how a judge can blur the two issues as the gap between them widens?

 

Would be good to know.

 

Cheers

 

Peter