Barclaycard

mum2one

wdj40 wrote: »

Thank you Cheryl and Sir Saver OBE...
BC didn`t settle early so I`m off to court in the morning wish me luck!!!
The claim is only for £367 + £50 court fees...
eek... nervous but hey they can only say yes I win or nope I`m not entitled to anything!!
I`ll let you know how it goes when I come into work tomorrow lunch time!!!

eek!!!

Good luck with it,

My claim was about £350 + interest + court fees.

To be honest I would be surprised if BC turn up, if they doremember as I said b4, it all boils down to the fact that they will have to explain exactly how much it costs for them to process a claim.

keep fingers crossed 4 u x

BANKBANDIT_2

wdj40 wrote: »

Thank you Cheryl and Sir Saver OBE...
BC didn`t settle early so I`m off to court in the morning wish me luck!!!
The claim is only for £367 + £50 court fees...
eek... nervous but hey they can only say yes I win or nope I`m not entitled to anything!!
I`ll let you know how it goes when I come into work tomorrow lunch time!!!

eek!!!

Hey how did you get on at court.
Hope it went well please let us know as it helps with knowing what the outcome of court case was in dealing with our claims
Thanks :T

jdm52

SirSaverOBE wrote: »

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

Thanks for your reply I'll get the form filled in tonight as only just got back off holiday

I would be grateful if you could post the link to the thread you mentioned though
:beer:

whiskers01

hi all, followed all the instructions to reclaim my default charges. took barclaycard to court and they have filed a defence what happens next. i did the same with the halifax bank about three months ago, took them to court and they just paid up the full amount. will i have to go to court, what will i need to do next. help

Apathyawakened

They will take it all the way but are not very good with their paperwork. Read their defence carefully and respond to any points with your own additions to claim in response to defence. If they come up with something other than the usual "you were informed of charges relating to account and these are considered valid etc" then deal with that or post the specifics here so we can advise. If they have sent you the standard letter saying it is being stayed pending the test case ignore and ask the court to proceed based on hardship if appropriate, or against human rights to a public and timely judgement. (See other letters on Human rights clauses).
Ciao

whiskers01

they did send me a letter saying they would be staying. i have just phoned them explaining its a credit card and not a current account and they cannot apply for it as i have been led to belive and they said they had made a mistake and sent out the wrong letter

elle27

Hi I wrote to Barclaycard for my statements and I then put a claim in for my charges. I don't have the exact details to hand, but I sent the first letter asking for a refund of the charges (approx £250).

They have sent a letter back offering approx £72. Should I accept?

Of the original £250, they had refunded 4 of the charges at the time they occured, i.e £100. I was going to place a claim for £150 but then read that any previous refunds do not count etc...hence I claimed the full £250

So should I accept this or continue?

I'm assuming the £72 is £250 - £100 = £150/ 2 (i.e they think it is ok to charge £12.50 not £25) = £75?

RobInTheSouth

Not sure what to do next. Do I stick to my deadline or keep to theirs??

Below is the letter I sent on 10/9/07, and the response I got this morning from Barclaycard...

I will accept your goodwill offer of £120 as part settlement and on the clear understanding that I will pursue the remaining outstanding amount of £204, with a County Court claim if necessary. This claim would also include interest and court fees.
<o></o><o></o>
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.
<o></o><o></o>
I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.<o>
</o><o></o>
I trust this clarifies my position.

Yours faithfully,

Below is the reply I got from Barclarycard this morning...

Thank you for taking the time to contact us regarding the level of service received from Barclaycard .
<o></o>
I am very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard.
<o></o>
Your correspondence is being dealt with by this office and we aim to resolve matters by the 9^th October 2007. I want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully. Should you have any immediate queries, please contact us on the telephone number above and I or one of my colleagues will be happy to assist you. Please see the enclosed leaflet for further information on how we deal with complaints. Yours sincerely...

My question is, should I keep to my deadline and launch a claim via MCOL after the deadline has passed. I do not deem their reply to be a full response. Write and tell them and mention I'm starting a claim or wait till 9th October and see what happens?

is anyone else in the same situation?

wdj40

Hey guys and gals sorry for the late reply about my court case...
I turned up on Friday bright and early with my court bundles all done...
Anyway BC didn`t actually turn up but sent a letter to the duty solicitor with a settlement letter for £417... Very sly though as it was dated the day before (13th Septmenber).
I think they were obviously hoping I wouldn`t turn up then they would have won by default... anyway I was given the letter minutes before I had to go before the judge.
I signed it and kept a copy for myself and also signed a discontinuance so I wouldn`t carry the case on.
I showed the letter from BC to the judge and he said he had seen it and it is a binding contract (I presume I will get sent the judges comments through the post or something).
Anyway when I got back to work I E-Mailed the litigation team based in London a letter from myself saying I would accept... I sent their letter with my signiture on it and also a copy of the discontinuance. I also faxed the lot accross to them so they would definately get it.
Havn`t actually heard anything back but checked my BC account and it has been paid onto there (I owed £430 anyway and was going to use it to pay it off)
So if you have a court case looming make sure you turn up as you might get the same result as me
Thanks everyone who helped me and keep going guys... credit cards are not in the same stay as bank charges.

mum2one

RobInTheSouth wrote: »

Not sure what to do next. Do I stick to my deadline or keep to theirs??

Below is the letter I sent on 10/9/07, and the response I got this morning from Barclaycard...

I will accept your goodwill offer of £120 as part settlement and on the clear understanding that I will pursue the remaining outstanding amount of £204, with a County Court claim if necessary. This claim would also include interest and court fees.

<O></O><O></O>

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.

<O></O><O></O>

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.<O>

</O><O></O>

I trust this clarifies my position.

Yours faithfully,

Below is the reply I got from Barclarycard this morning...

Thank you for taking the time to contact us regarding the level of service received from Barclaycard .

<O></O>

I am very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard.

<O></O>

Your correspondence is being dealt with by this office and we aim to resolve matters by the 9<SUP>th</SUP> October 2007. I want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully. Should you have any immediate queries, please contact us on the telephone number above and I or one of my colleagues will be happy to assist you. Please see the enclosed leaflet for further information on how we deal with complaints. Yours sincerely...

My question is, should I keep to my deadline and launch a claim via MCOL after the deadline has passed. I do not deem their reply to be a full response. Write and tell them and mention I'm starting a claim or wait till 9th October and see what happens?

is anyone else in the same situation?

Hi Rob.

the worse thing you can do is go by their timetable, there just buying time, in the hope that you eventually get fed up.

At all times go by your schedule, keep to your deadline and start proceeding with MCOL.

You dont need to notify Bcard about going through MCOL, just go ahead.

I had to take mine through MCOL, went as far as court dates, but they settled 3 days b4.

generally its standard response from barclaycard.

Good luck x