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

[noomill060]

Just in case they try applying for stays against our credit card claims, it may be useful to pool our experiences.

 

I dont think they will, but wouldn't put anything past them.

[LS123]

Good point - my Barlcaycard claim has just been transferred to my local court so I will see what happens....

[pjdavies2000]

Has anyone in any of the other CCard threads sorted a standard letter out we need to either take to court or send to the court with the POCs to stop this happening - I know the law is different for lenders as opposed to banks, so there must be something we just need to quote.

 

I doubt the CCards would bother trying this, but you never know, so this is a good idea - nice one Noomill

[moneyhelp]

Maybe get a mod/site helper to pop in?

[noomill060]

The OFT's case rests upon the UTCCR, so do most of our CC claims. It wouldnt take the sharpest tool in the barrister's chambers to work out a reason for a stay based on a theme common to both unlawful bank charges and CC charges..

[Paintball]

I filed my N1 against Barclaycard yesterday (along with N1 against NatWest credit card) and had an interesting response from the court who I feel were trying to get me NOT to issue my claims until the result of the test case.

If I have a stay put on either of these, I will let you all know ...

[pjdavies2000]

I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

[Paintball]

I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

 

Exactement ... and stressed that it's for a court to decide; bring it on!!

[noomill060]

The OFT has said that £12+ is excessive and unfair, not that they considered any actual figure unlawful, illegal or otherwise. They have always said that it would be up to to a Court to decide on that.

 

Interesting response from your court, paintball. We'll just have to see how it runs.

[Paintball]

Yes indeed, just waiting to hear back from them. In the interim, I shall do some background reading on applying for removal of a stay.

[pjdavies2000]

Have you seen Warhorse has been successful in a pre-court settlement!!!

 

CCards are still winning out of court!!!

[noomill060]

Good news indeed! My claim will be around £5K and removal of default, though! Cant see them being quite so accommodating in my case!

[noomill060]

Thats £5K with CI going back to 1986

 

(Just in case the MIBs are reading!)

[pjdavies2000]

Will be interesting to see what happens with yours then. Although I have sent my LBA off to BCArd, I may decide before N1 to up the ante to CI - and it would serve them right too!

 

Peter

[noomill060]

Just add the compounded CI to your charges, and thats the amount they have unlawfully pocketed from you.

 

A £5 charge from 1986 with CI is now well over £300.

[disgruntledofcornwall]

I'm really worried about this OFT ruling. It seems to me that the test case is to establish a point of law - are the charges for providing a service or a penalty.

 

BUT the CC charges are already established as a penalty are they not so the OFT ruling and any stays attempted could be countered by stating that these ARE penalty charges and as such are subject to proof of costs from banks.

 

I am worried because I worked out I could be almost debt free by christmas if I can claim back my CC charges over the last 6 years, we are talking thousands of £ and I was really looking forward to getting my life back.

[noomill060]

disgruntled- dont be worried or let it ruin your life.

 

You are not alone.

 

This is CAG. You have 160,000 chums and we are here to help.

[noomill060]

Sometimes the help is just tea and sympathy.

 

Sometimes the assistance has the effect similar to that of a nuclear powered ferret in a particle accelerator, and can make qualified solicitors and barristers crawl away on their bellies.

[disgruntledofcornwall]

Thanks! Really appreciated. Life is not very pleasant at the moment.

 

What do you think to the oft ruling, am I right in thinking that it does not apply because they are already established in law as penalty charges or am I wrong, (wouldn't be surprised!).

[noomill060]

I started this thread to act as an early warning system in case they tried to apply for stays in relation to credit card claims, the opinion is that they would be wasting their time if they tried.

[disgruntledofcornwall]

Thank you! That really is a big help made my day. Cheers!

[noomill060]

You're welcome!

[Brad Smith]

that's what i was led to believe Noomill; that credit card penalties are a different kettle of fish to the bank charges. That is correct isn't it?

 

*he says confidently*

[noomill060]

Can the ferret have a rest?

[Brad Smith]

now go get them disgruntledofcornwall

 

from slightlyhappierofessex