Barclaycard PPI via Small Claims Court

TNSAFC18

Thought I'd provide you all with an update. As expected, BC via Simmons & Simmons, notified me of their intent to defend my claim in court & requested that the hearing be deferred until March 2014. Both parties agreed to court mediation to attempt to resolve the claim & I notified all parties that the only evidence I wished to present was a copy of the original application, copies of statements & a letter from my employer of 1997 confirming my employee terms as stated in my original claim.
anyway, heard nothing for weeks, then out of the blue BC sent a letter stating they'd decided to reinvestigate ate my claim.
I contacted them as I was unclear if this was a mistake as it had been passed to their legal team. I was informed that they'd decided to follow through with the reinvestigation as instructed by the legal team.

yesterday, I received a letter from the courts informing me that they'd passed it to Sunderland county court for a hearing date.
i subsequently contacted BC requesting an update on the investigation as I intended to cancel the action if they found in my favour. BC informed me that they'd decided to suspend the investigation & would not be proceeding unless I dropped my court action. I informed them that I'd minuted the conversation & would be informing the court of their holding me to ransom.
their response was if I didn't agree with their choice, I should contact Simmons & Simmons!
Needless to say, I did. I also explained to the secretary dealing with the case that I was sure that the court would take a dim view of BC's stance and the contempt they had shown.
at 6 pm this evening, I received an email from Simmons & Simmons, informing me that a letter had been sent out with an offer of settlement for just over £5k, which included the costs for filing the court action.
to say I'm pleased is an understatement.
So when so called experts tell you that you're foolish and they know best, my advice would be, do your research and stick to your guns.
Thanks guys... 😉:T

Baz1104

Well done....bloody well done.

maggy50

Well done for perseverance besides the mockers and doubters that your claim would be successful :T

Baz1104

I'm sure the guard dogs will be along soon to congratulate you.

-taff

well done on your success.

I see that they didn 't actually get taken to court though, they settled out of court.

[Deleted User]

-taff wrote: »

I see that they didn 't actually get taken to court though, they settled out of court.

Which means that this forum has still yet to see a PPI complaint success through the court system. The OP's success was largely due to the threat of court action and BC's appalling attempt to avoid this by holding the OP to "ransom".


As others said earlier in the thread, the same result could far more easily have been achieved by referring the case to FOS, though I agree it would have taken far longer.

brown1950

-taff wrote: »

well done on your success.

I see that they didn 't actually get taken to court though, they settled out of court.

Therefore begs the obvious question :-

Why did Barclaycard settle without a full court hearing ?

Perhaps the experts on this site who advised the OP to drop his actions could advise ?

Alpine_Star

brown1950 wrote: »

Therefore begs the obvious question :-

Why did Barclaycard settle without a full court hearing ?

Perhaps the experts on this site who advised the OP to drop his actions could advise ?

Because the cost of defending it would have exceeded the value of the claim?

magpiecottage

Alpine_Star wrote: »

Because the cost of defending it would have exceeded the value of the claim?

Possibly although a time bar would almost certainly have worked - but may have simply been overlooked.

It may also have been political. you may recall that one Hector Sants was on the board of Barclays for most of this year.

The fact remains, though, that cases actually reaching court are generally lost.

-taff

brown1950 wrote: »

Therefore begs the obvious question :-

Why did Barclaycard settle without a full court hearing ?

No idea, I don't work for Barclays.

brown1950 wrote: »

Perhaps the experts on this site who advised the OP to drop his actions could advise ?

Which experts are these? And experts in what?