applied to court, received settlement offer

4techx

hi guys,
i have recently applied to court for a barclaycard. when i originally requested the statements from barclaycard it was december, and they sent me the statements in february. i immediately requested repayment, and when i received no reply i went to court.

now they have replied with a settlement offer, but it cuts out £80 worth of charges because they say december 2003, jan and feb 2004 are now out of the six year limit. i was wondering whether they are lying, or whether if i went to court i should expect to receive that money too? its still a decent bit of money, along with the interest that goes with it.

any help please?

natweststaffmember

4techx wrote: »

hi guys,
i have recently applied to court for a barclaycard. when i originally requested the statements from barclaycard it was december, and they sent me the statements in february. i immediately requested repayment, and when i received no reply i went to court.

now they have replied with a settlement offer, but it cuts out £80 worth of charges because they say december 2003, jan and feb 2004 are now out of the six year limit. i was wondering whether they are lying, or whether if i went to court i should expect to receive that money too? its still a decent bit of money, along with the interest that goes with it.

any help please?

Explain to them that under UTCCR 1999 there is no time limit on an unenforceable term, that term being unenforceable in its entirety. Under the EU Directive, it leaves it to the national court to decide how far back. Ask them for the full amount and remind them that you are willing to allow the county court judge to decide how far back since the term does not cease to be unenforceable from the date you are aware of it.

4techx

thanks for that. just got my response letter ready and am about to send it off.