Barclaycard

adwozere

ripski wrote: »

Barclaycard are actualy communicating with me -one of the few who do seem to do so . However they are all so inconsitent
My claim was for around the £800 mark They offerred and paid into my credit card account , still active, £ 360
( In the same post came a letter that they had reduced my credit limit by £ 600 )I hope I do not get any more charges now
I sent a reply that I accept this as part payment without prejudice and intend to pursue via legal action if nec within 14 days ie want the remainder Letter today - Very polite- Dealing with it , very busy and I will get a response by 29th August
This may be delaying tactic and I should be starting MCOL on 14th August However this will cost and I may get a good offer if I wait till 29th August
Advice please

Start the MCOL.
Stick to YOUR time scale.:cool:

mum2one

Norfolk_Shot wrote: »

Hi Guys,

After another piece of confirmation/advice please....today i received the letter i was expecting which said we've paid you what we think we should not what you think so sod off.....

Well i'm not going to sod off.....so i'm just doing MCOL unfortunately £60 worth of the charges are for 6 years yesterday i.e 15/08/01 i'm guessing that under the statute i can now not claim for these and so i need to rework my figures and interest?

Could someone please confirm this?

Many Thanks in advance....

Steve

Hi Steve.
In theory you started your claim for unfair charges on the day that you wrote to Barclays, asking for the last 6 years, legally you have to go through the nice stage of trying to get things sorted with Bcard,before you can commence with court action, as long as you have kept all communication those are the dates you goby.Its not your fault the situation has took so long.
If it went to court you would not be listed straight away, and by then possibly more charges would be out of date, but as the claim goes from when you asked you should be ok, theytend to settle out of court anyhow.
Good luck

adwozere

I have just got this letter from Southend county court.

"Upon Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges;

And Upon it appearing to the Court that this claim will be affected by the outcome of those proceedings;

IT IS ORDERED THAT

1. This claim be stayed until determination of the proceedings in the High
Court

2. Liberty to either party to apply on notice under CPR 23 to lift the stay

3. The hearing of any application to lift the stay be reserved to District
Judge Dudley

This Order was made of the court's own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the Order but such application must be made within 7 days of receiving it."

Is this saying that my Baclaycard claim will have to wait until the Bank charges proceedings has been sorted out ?:cool:

mum2one

adwozere wrote: »

I have just got this letter from Southend county court.

"Upon Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges;

And Upon it appearing to the Court that this claim will be affected by the outcome of those proceedings;

IT IS ORDERED THAT

1. This claim be stayed until determination of the proceedings in the High
Court

2. Liberty to either party to apply on notice under CPR 23 to lift the stay

3. The hearing of any application to lift the stay be reserved to District
Judge Dudley

This Order was made of the court's own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the Order but such application must be made within 7 days of receiving it."

Is this saying that my Baclaycard claim will have to wait until the Bank charges proceedings has been sorted out ?:cool:

Hi
Yep its basically saying the court is waiting for the outcome of the bank charges saga, but there is hope
Part 4 , you may apply to set aside vary or stay the orderwithin 7 days of recieivng it.
You do have a chance to write and say Iwant a hearing,but this must be within 7 days, and you need to explain why

Basically on the lines,

CaseNumber xx
Applicant (yourself)
Defendant Barclaycard
that this case is irrevelant to bank charges, as it was charges that were issued / occured on a credit card account, being in ths case Barclaycard card no xxxx xxxx xxxx xxxx

In your understanding of the situation that the OFt last year (check their websitethere maybesomemore useful info), have said they they will not investage claims for charges of £12.00 and under, and as your charges occured before this ruling, then these charges are unlawful at common law,as they must be proportinute *need tocheck thespelling* to the actual cost occured.

Therefore you request.that the order of stay is set aside amd proceedingas are continued as normal
Thankingyou

Yours truly



xxxx

cc Barclaycard

Good luck x

Degs45

another month another statement still will £148 credit ... still waiting to hear what they are going to say about the decline letter I sent them Last month ... :mad:

we_are_always_skint

well i have to say i am fairly impressed - i wrote off to barclaycard asking for my statements on an old account and within a week they were here...
so i wrote back and asked for my charges plus interest which totalled just over £400 and today (just under 2 weeks later) i have received my first letter basically saying we dont accept responsibility blah de blah but as a good will gesture we will credit your account with the difference between what you paid and the new £12 charge which is £204 :j

i am so pleased and think i will accept this offer as part payment only but from what ive read on here if i do this then i am more than likely going to have to go to court and i really dont know if i want to or if im even capable of taking them to court

i tend to fold under pressure when i know nothing about what im talking about - should i just give up while im ahead??

thanks so much in advance

mum2one

we_are_always_skint wrote: »

well i have to say i am fairly impressed - i wrote off to barclaycard asking for my statements on an old account and within a week they were here...
so i wrote back and asked for my charges plus interest which totalled just over £400 and today (just under 2 weeks later) i have received my first letter basically saying we dont accept responsibility blah de blah but as a good will gesture we will credit your account with the difference between what you paid and the new £12 charge which is £204 :j

i am so pleased and think i will accept this offer as part payment only but from what ive read on here if i do this then i am more than likely going to have to go to court and i really dont know if i want to or if im even capable of taking them to court

i tend to fold under pressure when i know nothing about what im talking about - should i just give up while im ahead??

thanks so much in advance

Hi
To be honest the £12 excuse, is Barclaycard way of avoiding a court case,if you are prepared to accept thatthen go for it, but you can accept it, without prejudice and still take them to court, if you look at a lot of the replys on here, most people have had there money back without going to court, they settled in full with me.

My other claims i just took the difference between the £12 and what Ihad been charged, this time I held out, that was to duen with a lot of support and helpful advice from people here. You do not need to be a legal genuis to go to court, all your asking is "does it actually cost £xx to post a letter etc if it does prove it, if it does not pay up" - when you look at it like that it makes it a lot easier,

Good luck which ever way you go.

I think of this site, not as strangers replying to a question, but merely friends that I have not met who help out another friend who they have not met x

we_are_always_skint

mum2one wrote: »

Hi
To be honest the £12 excuse, is Barclaycard way of avoiding a court case,if you are prepared to accept thatthen go for it, but you can accept it, without prejudice and still take them to court, if you look at a lot of the replys on here, most people have had there money back without going to court, they settled in full with me.

My other claims i just took the difference between the £12 and what Ihad been charged, this time I held out, that was to duen with a lot of support and helpful advice from people here. You do not need to be a legal genuis to go to court, all your asking is "does it actually cost £xx to post a letter etc if it does prove it, if it does not pay up" - when you look at it like that it makes it a lot easier,

Good luck which ever way you go.

I think of this site, not as strangers replying to a question, but merely friends that I have not met who help out another friend who they have not met x

thanks mum2one

i know i really would like to take it all the way as i still owe them money for these charges and if i got back all of them it would all be paid off and more...
i suppose its just so daunting jumping in head first - i have done alot of reading through on here and have learnt so much thanks to all you fab people and of course martin :T

would anyone have a tepmlate of a letter i could use to accept this offer as part payment? i have tried to amend one of martins from the main screen but i couldn't decide if it made sense and in the bit at the bottom about accepting a lower offer for fast settlement i wasn't sure wether i put the full amount or the amount without the part offer i have accepted as of further up the letter does that actually make sense lol??

sorry its late, i have a stonking cold and am just about ready to crash out now

thanks again :A

mum2one

we_are_always_skint wrote: »

thanks mum2one

i know i really would like to take it all the way as i still owe them money for these charges and if i got back all of them it would all be paid off and more...
i suppose its just so daunting jumping in head first - i have done alot of reading through on here and have learnt so much thanks to all you fab people and of course martin :T

would anyone have a tepmlate of a letter i could use to accept this offer as part payment? i have tried to amend one of martins from the main screen but i couldn't decide if it made sense and in the bit at the bottom about accepting a lower offer for fast settlement i wasn't sure wether i put the full amount or the amount without the part offer i have accepted as of further up the letter does that actually make sense lol??

sorry its late, i have a stonking cold and am just about ready to crash out now


thanks again :A

Hi, hope you fell better.

The just of the letter,

dear (the person who wrote to you)

Account Number xxxx/xxxx/xxxx/xxxx

Further to your letter dated xx/xx/xx, with reference to my claim for unfair credit card charges.

I note you have only offered me the difference between £12 and the original charge.

I am prepared to accept this as part payment and without prejudice to my claim, this letter was sent 1st class recorded delievery on xx/xx/xx allowing 3 days to arrive xx/xx/xx, I will allow 14 days for you to reconsider my claim, but if I have not recieved full settlement + interest, I will proceed with court action.

thanking you

Yours truly



xxxx

Good luck x

sorry its late, i have a stonking cold and am just about ready to crash out now

thanks again :A[/quote]

Dave_Richardson

Hi, could someone advise please ?

I have had success with claims against Capital One with them finally caving in to pay in full, now moving to Barclaycard. I refused there silly offers & have gone down to the MCOL route. The case was issued & deemed to be served by 5th August giving them 14 days to acknowlege by 19th August.

They have not yet acknowleged MCOlL will not allow me to enter judgement by default yet (guess as it's the weekend ) is this a common game for BC to play ?
thank you for your time Dave

Claims so far
First Direct £1441 paid out £1440
Capital One £816.15 paid £896.15 (inc MCOL costs)
Capital One £662 paid £742 (inc MCOL costs)