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


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yeah...that's what I thought...my claim against Monument was only about £180 including court fee and interest. I don't particularly want to pay another £35 to APPLY to have the stay (that shouldn't have been put on anyway) lifted. I've also got a bigger claim for Barclaycard to file, but I'm a bit reluctant to pay £120 when the court are just going to ignore it anyway!

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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I'm handling a friends claim, and Barclaycard failed to defend.

 

The other day, i had the pleasure of instructing the baliffs

 

Made me feel a bit better. :grin:

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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  • 3 weeks later...
  • 3 weeks later...

The baliffs were instructed for my friend 5 weeks ago against Barclaycard. They have failed to act, and ignore her letters.

 

My case has been stayed by the court. I told them it was a mistake. They said write a letter, so i did. A month later, and they have decided they do want £35 after all.

 

We started this because of unfair charges.

 

How ironic, that i now have to pay a judge £35 to correct HIS error, with little chance of success.

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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Hi Techspec,

 

Surely if the case was stayed in error, no fee should be paid to put case back on track.

 

I'd write to the Court Manager and ask for this to be put right straight away by being put before the Judge at the 1st opportunity.

 

Slick

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"As you may already be aware, Barclaycard is not included in the test case, so your case was wrongly stayed."

 

Kate Ashton Legal Clerk

Tel: 0207 116 4664

Fax: 01452 638430

E-mail: katherine.ashton@barclays .com

 

 

Excellent news from bluewillow!

 

Now- where do we go from here?

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  • 2 weeks later...

Sorry to talk about Citi cards here, but I also have a claim in for barclaycard, which has been stayed.

 

I haven't applied for this to be lifted because I applied for my Citi card stay to be lifted and this was refused, so I did not see the point.

 

Is there any advice from anyone out there???

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The FOS will take on cases if you cancel your court case. Well, thats what they said LAST week.

 

But i have written to the court asking for my money back first.

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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Kashie-

 

"Sorry to talk about Citi cards here, but I also have a claim in for barclaycard, which has been stayed.

 

I haven't applied for this to be lifted because I applied for my Citi card stay to be lifted and this was refused, so I did not see the point.

 

Is there any advice from anyone out there???"

 

This from blue willow-

"As you may already be aware, Barclaycard is not included in the test case, so your case was wrongly stayed."

 

Kate Ashton Legal Clerk

Tel: 0207 116 4664

Fax: 01452 638430

E-mail: katherine.ashton@barclays .com

 

 

I suggest you email Katherine Ashton and ask about your stay and what they intend to do.

 

Her answer will be interesting.

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Hi Kashie,

 

1. Tech sent in the bailiffs - see top of page.

 

2. My understanding is still that credit cards claims should not be stayed and you should object to it. Have a look here at post #5 onwards - http://www.consumeractiongroup.co.uk/forum/barclaycard/109467-barclaycard-case-stayed-court.html

 

Slick

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Kashie-

 

"Sorry to talk about Citi cards here, but I also have a claim in for barclaycard, which has been stayed.

 

I haven't applied for this to be lifted because I applied for my Citi card stay to be lifted and this was refused, so I did not see the point.

 

Is there any advice from anyone out there???"

 

This from blue willow-

 

 

 

"As you may already be aware, Barclaycard is not included in the test case, so your case was wrongly stayed."

 

Kate Ashton Legal Clerk

Tel: 0207 116 4664

Fax: 01452 638430

E-mail: katherine.ashton@barclays .com

 

 

I suggest you email Katherine Ashton and ask about your stay and what they intend to do.

 

Her answer will be interesting.

 

 

Yes indeed Noomill. I emailed her colleague Greg Thomas who has replied saying this:

With regards to the hearing listed for 7 November 2007 of your application to lift the stay I regret that you did not contact me prior to making the application as we do not oppose your request to lift the stay. As such, and in order to progress this matter as quickly as possible, I would be willing to draft a Consent Order for us to sign stating that we believe the stay should be lifted without the need of a hearing. May I reiterate that we do not oppose the stay being lifted as your claim if for credit card charges and therefore not affected by the test case.

Interesting stuff this, as he was the one who wrote to me telling me that Barclays would apply for a stay!!

He's only offering me 8% rather than CCI and wants me to call him to "discuss this matter further".

Hmmmm, thoughts anyone?:rolleyes:

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Hi Paintball,

 

If I read this right, he'll tell you they won't budge on CI and will defend against it.

 

But I'll quietly watch and learn;) .

 

Slick

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Accept whatever figure they have offered as part payment only, make it quite clear that you will persue them for the balance, plus your court fee plus County Court interest at the contractual rate or 8%, whichever rate the Court deems just.

 

Charges+ interest on those charges = Your claim.

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Hello all

I emailed eleanor.dangerfield@barclays.com on behalf of myself and my husband and straight away she emailed back to arrange a time to call us. She said the stays were incorrect and she is willing to pay out both of the claims. Thats another £1000.00 on its way to us! We only claimed the 8% interest but we're very happy. Another donation on its way soon!

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