Barclaycard

mum2one

arism74 wrote: »

I don't believe this!!! How far are they going to go??? :mad::mad::mad:

As you may notice from earlier postings, I had a court hearing last Tuesday, where I went and they didn't show up, so I won by default. I've been waiting for the cheque, but today I get a letter instead where they're referring to the OFT case and that my case is on stay!!! What the hell is that all about???? Here's the letter below:

13 August 2007

Dear Mr. M.

Unauthorised Overdraft Charges ('bank charges')

You have referred your complaint about bank charges for determination in Court.

We believe the charges are legal, fair and transparent.

Since you filed your claim in Court Barclays (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading ('OFT') in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. You should be aware that the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceedings is known.

Given this court case we have asked the Financial Ombudsman Service ('FOS') not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

We have asked the Financial Services Authority ('FSA') to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at www.barclays.co.uk

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible applying the (test case) principles.

As a general matter, we will ensure that your claim will not be adversely affected by the stay of yoru court proceedings.

Yours sincerely
Thomas Hickey

What is this all about?? Are they bluffing? I thought that the OFT story a) does not apply to credit cards, and b) is only for cases that have not started now, not those that have begun in March (like mine)

I've been thinking of a) calling them, b) calling the court, or c) doing nothing and send the bailiffs next Tuesday....any other cases, similar thing happened to anyone? Thanks

I would say that Barclays are trying to pull a fast one, the OFT and the halt that has been called is for Bank charges,creidt card charges are a completely different issue, the OFT dealt with credit card charges last yr, stating that they will not get involved in any complaints if the charge is £12 or under.

Again, this is the way I read it, you had your case in court, Barclays did not turn up and therefore the judge found in your favour, therefore that is a legal standing in the eyes of the court system and law. As the court gave Barclays 14 days to pay, then if they default you are entitled to instrust baliffs, I would give the court a ring and see what they say, as I think that you are legally entitled to the money.

i would also play devils advocate and report them to both the financial obsbumdmen ( excuse the spelling), and the OFT, if you hit a brick wall with them, contact a few solicitors firms and ask if they do a free half hr introduction and see what they say, if you wanted to be mean, contact The Sun newspaper!!!

Dont reply to Barclays letter, as that would be exactly what they want and also could jeopodise your claim.

Good luck

cheryl

arism74

I called them. It seems to be a complete mess, the letter was sent by Barclays Bank Plc. that deals with current accounts (although I don't have one with Barclays), so they referred me to the Barclaycard phone line, then those on Bcard did not know what to say so they passed me through to Bbank, and then back to Bcard!!! Apparently this is a mistake and shouldn't have been sent to me, but I spoke with a guy on the Barclaycard complaints department who seemed quite reasonable and said he was going to investigate into this and call me back - no response so far, but a real mess.

I really don't want to have to send the bailiffs, mostly because I'm off on holidays on Monday evening and don't want to have to go through the process while I'm abroad, having to make phone calls, etc.

What a nightmare they are! I'm cancelling my credit card once I repay the full amount and never go back to them, bank, loan, credit card, or whatever

mum2one

arism74 wrote: »

I called them. It seems to be a complete mess, the letter was sent by Barclays Bank Plc. that deals with current accounts (although I don't have one with Barclays), so they referred me to the Barclaycard phone line, then those on Bcard did not know what to say so they passed me through to Bbank, and then back to Bcard!!! Apparently this is a mistake and shouldn't have been sent to me, but I spoke with a guy on the Barclaycard complaints department who seemed quite reasonable and said he was going to investigate into this and call me back - no response so far, but a real mess.

I really don't want to have to send the bailiffs, mostly because I'm off on holidays on Monday evening and don't want to have to go through the process while I'm abroad, having to make phone calls, etc.

What a nightmare they are! I'm cancelling my credit card once I repay the full amount and never go back to them, bank, loan, credit card, or whatever

Hi
think you deserve a holiday after that, glad it was a boob from there end, but dont trust them, as your away from mon, what I would do is give it to you get back, and check all options, ie bank account, and credit card, as they pay the money back to the card, if thats no go, check your post incase there a slip saying you have a recorded delievery or special deleivery, if thats no go, then call in the baliffs, its to much hassle and far to expensive to start proceedings from abroad, have a very large cocktail for me!!
x

arism74

hehe, thanks. They called me back, and they said I should 'disregard this letter', since it was sent automatically from Barclays Bank - once I started the claim, they passed my address and dob to the bank, even though I was claiming money from the credit card and it was an automated letter that they send to all bank customers. They said I should expect a proper response from Barclaycard. It'd better be before Monday because I'll have no other choice but have to make arrangements for the bailiffs to be sent, etc. from abroad while on hols!!!

mum2one

arism74 wrote: »

hehe, thanks. They called me back, and they said I should 'disregard this letter', since it was sent automatically from Barclays Bank - once I started the claim, they passed my address and dob to the bank, even though I was claiming money from the credit card and it was an automated letter that they send to all bank customers. They said I should expect a proper response from Barclaycard. It'd better be before Monday because I'll have no other choice but have to make arrangements for the bailiffs to be sent, etc. from abroad while on hols!!!

Thats good news, what id do inbetween times is check your barclaycard account, as they credit that, dont think they would dare risk the baliffs coming in. But then this is Barclays!!!

if youve got any creidt on the account after theyve paid the money, spend it and enjoy it!Think you def deserve a hol.x

SirSaverOBE

Thanks mum2one, that's really helpful. I have actually got a pre-trial date and all the application paperwork was agreed. Do I then get another form at court to amend the amount? Sorry - I'm confused about what happens if I accept their offer of partial payment and then take them for the rest.

ALSO - my claim goes back to 7th September 2001 and the pre-trial review is on 10th September 2007. Does this mean I can't claim for the beginning of the 6 year period I have filed for? Or is it taken from application to screw Barclaycard back in June? This could be critical!!!!!!!

Many thanks again for all your help - it never fails to amaze me how supportive these forums are

mum2one

SirSaverOBE wrote: »

Thanks mum2one, that's really helpful. I have actually got a pre-trial date and all the application paperwork was agreed. Do I then get another form at court to amend the amount? Sorry - I'm confused about what happens if I accept their offer of partial payment and then take them for the rest.

ALSO - my claim goes back to 7th September 2001 and the pre-trial review is on 10th September 2007. Does this mean I can't claim for the beginning of the 6 year period I have filed for? Or is it taken from application to screw Barclaycard back in June? This could be critical!!!!!!!

Many thanks again for all your help - it never fails to amaze me how supportive these forums are

]]

Good news, although you claim for 6 years, the important date is the date that things are filed at the court, in your case thats June, so the charges from early sept are included.

As for the new amount, when you write to bcard, just put at the bottom of the letter "cc xxxxxxx Court"
This shows barclaycard that you mean business and your not hiding anything, just address a covering letter to the court, enclosing the letter showing bcard offering you the difference, and the copy of the letter you sent to bcard.

Penny to a pound there liable tosettle b4 but at least if your prepared your ready.

This forum is absolutley brilliant, with my other claims I settled for the difference between what Id been charged and the £12,0, think I was about 1 1/2k out of pocket, but with Barclaycard, wasnt letting them get away with it.

Good luck if there anything you need, just shout x

moonriver

Hi everyone
I have initiated a claim with Barclaycard Visa for £703. The have offered and paid me £240. I have written saying I only accept without prejudice etc and said I am continuing with claim. Just rec'd their refusal to go further and now taking to court in Scotland. I am opting for Summary Cause Summons because interest and Costs will go over the limit for small claims...am I right? Also want to make a point of telling court that after 10 years on same limit, Barclays chose to reduce my credit in response to my request for statements! Any advice would be greatly appreciated.
Thanks. M

geoff1057

after first letter to Bcard they made me an offer of £150 of a £427 claim,and put it into my account,iam not going to accept this and want to go for the whole amount ,what should i say in my letter to them ??

Angry_Gazza

Just got a letter telling me that Barclaycard have credited my account with £346............my claim is for £1332.31....

Is it worth writing and trying to get them to 'up' their offer, or do i go straight to m-col now?

GAZ.