Barclaycard

SirSaverOBE

JDM52! Sorry - I misread your post. As long as you are sticking to the dates and timeframes you gave them, then yes, now is the time for MCOL.

You can EITHER claim for the remainder that you feel they owe you OR do what I did, which is to tell Barclaycard in writing (more than once!) that you are DEMANDING the romoval of the money from your Barlclaycard, legal action pending, and claim the FULL amount. THAT way, you can have don't have to have any part of the refund added to the evil card itself - you can have it deposited into a bank account of your choosing.

There is a really good thread somewhere on MSE, which I can't find now, which gives excellent wording for the summary section of the MCOL form, including relevant legal quotes for claiming statutory interest etc.

If you can't find it today, I will post it from my application form later tonight.

Good luck!

Sir Saver OBE

wdj40

Hiya folks if you can help me that would be great!!
I have a court case with Barclaycard on Friday and I was just wondering what would be the best thing to say if the judge asks me any questions like what is the nature of my case against BC... or anything I have to say.
I`m a bit nervous and could do with something planned to say but I`m not sure what...
Maybe along the lines of "I do not feel the charges debted to my account are the true cost to BC" or something?????
Any help would be greatly appriciated...
Thanks in advance people

SirSaverOBE

Hi, WDJ40. If it is a Preliminary Hearing, or Pre-Trial Review, that you have on Friday, then the chances are that you will receive a letter of settlement either today or tomorrow. If not, then the chances are good that they won't show.

Basically - prepare the following for Court anyway:

A copy of your MCOL application

Notice of the court hearing

ANY OTHER COURT paperwork, e.g. Transfer of Proceedings

Barclaycard's Defence - IMPORTANT

Copies of bank statements showing charges claimed

A spreadsheet summary showing charges calculated (inc. interest if appropriate)

ALL letters sent to Barclaycard

ALL letters they sent to you (all of these should be presented in chronological order)

MAKE 3 COPIES OF ALL THIS AND PUT THEM IN 3 FOLDERS; ONE FOR YOU, ONE FOR BARCLAYCARD AND ONE FOR THE JUDGE.

If, for some bizarre reason they turn up, or even if you are asked to put a statement in - stick to the fact that you feel that the charges applied to your account do not reflect the true cost to Barclaycard and that they represent unfair, and in your opinion illegal, penalty charges. The meaty details would be required at Trial AND THERE IS NO WAY THAT WILL HAPPEN.

I don't know how much your claim is, but certainly if it's less than 1k then I am willing to bet a year's salary that you get a letter of settlement in the next day or two. In the case that this happens, you MUST write and tell the Court that you are stopping proceedings and tell Barclaycard that you accept WITHOUT PREJUDICE.

Hope this helps.

Best wishes,

Sir Saver OBE

mum2one

wdj40 wrote: »

Hiya folks if you can help me that would be great!!
I have a court case with Barclaycard on Friday and I was just wondering what would be the best thing to say if the judge asks me any questions like what is the nature of my case against BC... or anything I have to say.
I`m a bit nervous and could do with something planned to say but I`m not sure what...
Maybe along the lines of "I do not feel the charges debted to my account are the true cost to BC" or something?????
Any help would be greatly appriciated...
Thanks in advance people

Just say that you feel the charges were unfair, but at the time there was no were to complain to as it was the normal procedure for Barclaycard to apply the charges.

You may get asked what do you feel represents an accuracte charge -
Personally I would say £3.00 thats being generous, half the time its computer generated, and its a piece of poper and a stamp.

You may get asked why now are you claiming-
Due to all the recent publicity, I feel that I am one of the people who incurred excess charges and would hope that they are unlawful.

You could also be asked why you got in a financial mess
Obviuosly each person is different, but remember that all the charges have snowballedand interets on top of that

Hope that helps.

Cheryl

mum2one

Also remember one important fact

"Thatif it goes to court Barclaycard will have to prove how much exactly it costs the company to send the letter etc"

They wont want to do that, as I agree with "SirSaville MBE" penny to apound, your get a letter offering you full settlement
Good luck

vinny612003

Hiya, i followed all the correct procedures and timescales, i had a notice to transfer the proceedings to my local court and now ive been sent a "general form of judgement or order" any help in what i should be doing now ? cheers

amyhill

Hi could anyone assist me with the particulars of claim for the mcol, having accepted an offer as part payment without prejudice? Really want to claim the whole amount from barclaycard as theyre terrible to deal with. Im getting confused with what amounts to put in, is it the whole amount acknowledging part payment or do i subtract the part payment from the whole amount and claim that? Also are people having any joy getting stays overturned on bcard? I really dont want to stump up £120 for nothing! Any help wud be much appreciated guys xxx

Norfolk_Shot

I personally took the amount from the charges and left the interest the same...your bottom line will still be the same though.

They shouldn't be staying Credit Cards as they do not come under the remit of the OFT Test case...I'm still waiting for Barclaycard to Defend so i've not had mine stayed yet.

Should MCOL stay the case you get the opportunity to apply to have it lifted...they did this with my Nationwide Claim and i was successful in having it lifted..

There are no guarantees to anything as they seem to take different approaches with different people although it does appear looking through this thread that Barclaycard seem to take it all the way before settling at the 12th hour.

geoff1057

hi im just starting my claim through MCOL what do i put on the form for particulars of claim , is it the same as bank charges????

Dave_Richardson

Sir Saver or Mum to One could you assist please.

Barclaycard have been granted a stay on my claim, 'We are a bank stuff & all that nonsense' How do I go about getting that stay lifted ?

Where do I find the forms or web page to complete

Regards Dave