Barclaycard

wdj40

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?

It seems to me like a delay tactic... they tried a delay tactic with me so I filed a court case and sent them a letter saying that I had instructed the court as I was unhappy with the delay tactics imposed and they would be hearing from them.
Stick to your time lines not theirs...
See my previous message as I eventually won in court but had to take it all the way which I imagine most people will do!

mum2one

wdj40 wrote: »

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.

:T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T
Thats absolutely brilliant, well done. I have no nails left, bitten them down waiting to find out what was going on (only joking)xx

RobInTheSouth

wdj40 wrote: »

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.

Congrats with your outcome...

You say that 'credit cards are not in the same stay as bank charges'... How so? I'm concerned that if I start MCOL that my case will get stayed.

geoff1057

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 had a very similar letter , when they did get intouch ,they just said that the original offer was fair and that this was their final response , so really just wasting time , Geoff

Apathyawakened

Respond in writing confirming conversation and raise level of awareness to head of customer service if not there already, or office of general manager and copy in your first correspondent address. Highlight the incopmpetence that allowed them to send you the wrong letter. That will put the cat among the pigeons.:D

BANKBANDIT_2

Hi all
just looked on moneyclaim online and Barclaycard have put in a defence saying they dispute the hole amount owed is this normal. and what happens now:eek: :eek: :eek: :eek: im getting worried now does this mean i wont get my money back
anyone been in this position with barclaycard please let me know will it cost any more money to continue with calim as it says i cant continue online now im so worried :mad:
when i filled out my claim i didnt put what barcalycard had already given me as a goodwill gesture do you think that is why they are disputing

RobInTheSouth

If it was me, then I would have reduced the amount I was claiming for to account for any 'goodwill' payments. This way you are not already telling the court/judge that you've already recovered some of the money you are claiming.

I could be wrong, so it would be good to get other users thoughts about this.

lindilou39

BANKBANDIT wrote: »

Hi all
just looked on moneyclaim online and Barclaycard have put in a defence saying they dispute the hole amount owed is this normal. and what happens now:eek: :eek: :eek: :eek: im getting worried now does this mean i wont get my money back
anyone been in this position with barclaycard please let me know will it cost any more money to continue with calim as it says i cant continue online now im so worried :mad:
when i filled out my claim i didnt put what barcalycard had already given me as a goodwill gesture do you think that is why they are disputing

No, I didnt alert the courts to my goodwill payement...this will be noted in the defence when you receive it...expect a bit of a wait though, and stop worrying, they're not exactly going to throw you in prison for trying to reclaim your charges.

whiskers01

nice one, do you think they will go all the way and turn up at court , i've been reading that barclays are one of the tougher ones and nearly allways turn up to defend there case.

whiskers01

i'm in exactly the same position as you. after the first claim with the halifax went so smooth i thought barclaycard would be the same but oh no. i must admit i had a bit of a brown trouser moment when i looked at moneyclaim and saw they had put in a defence too