Belville v Barclaycard **SETTLED before COURT!**

[Belville]

Hi all

Just checking my next move with those of you with much more experience of this than me

With both my Capitol one and Barclaycard accounts I sent off Subject access request's, Received statements, calculated what they owed me and the sent them letters stating how much I was claiming.
In these letters I included the following paragraph

"I hereby give you 14 days to refund the charges back on to me. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs"

I then had letters from both offering rediculously small amounts.

I phoned both in attempt to settle this without the need to go to court, informing them that I would not be accepting their offers ( both have refunded these small ammounts to the cards and I have no way of getting the money anyway as I have destroyed the cards and the Barclays one has been closed due to a high debt that I was paying off at a nominal rate for over 2 years).They would play ball with the person from Barlaycard giving me an excuse that as I owed them money that they had taken off what I owed and that the offer was for what was left, ( Due to a relative dying and leaving me some money I had paid off all my debts before staring all of this) this statement was wholely a lie!!( Overseas call centre by the way)

Do I now write to inform them that I am going to take them to court or Just do it?

Do you reccomend MCOL or should I use N1? ?????

[Belville]

I know this has been asked many thimes before but is there an MCOL poc for credit and store cards

if so could someone post a link PLEASE!!

if not can anyone tell me if we need to change anything in the bank POC to accomodate these cards

Lastly is it still OK to use MCOL for Credit and Store cards or should we use the N1? form

[moneyhelp]

ALL MCOL's are being stayed, so file your N1 - check and see if your court is issuing stays, it shouldn't happen to credit cards but it is.

[moneyhelp]

Use the same on that we use for bank accounts, it can be found in the library - yes claim with N1

[Belville]

Taking the advice given on my other thread I have drafted this letter to BarclayCard in responce to there offer ( I have rehashed the template slightly to take my own circumstances into concideration)

this is my letter

Response to settlement offer.

Dear sir/madam

Thank you for your letter dated ******

I respectfully decline your offer as full and final settlement and request, once again, that you return to me all charges imposed on this account, totaling £***

I will accept the sum offered only as part settlement and only if the amount is sent to me by cheque and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.

My original letter dated 19th July 2007indicated that you had until 2nd August 2007 to respond before I proceeded to the next stage of my legal action. My deadline has now passed.

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorize you to remove this sum accordingly.

I trust this clarifies my position.


Yours faithfully



Does it sound OK?

I just need reassuring that I've done it right

[callumsgran]

Sounds good to me! Well done!

[Bookworm]

3 threads merged, please stay on 1 thread per claim, it makes things a lot easier to follow.

I have replied to you on the Capital 1 thread, since both letters are the same, same response applies.

[Belville]

Just an update

Finally Sent letter 2nd lba 3rd october Due to Postal strikes I emailed B?card with copy of letter Received reply 19th October saying
they are sorry I'm not happy Blah Blah Blah
Looking into things
Hope to have answers to me by 8th November

This time its signed by David Sewell

Does anyone have a phone No and Email address for him???

I'm Happy to wait till then as have just had Stay lifted in case against Lloyds and am about to file N1 in claim against Cap one today

BUT if I've not heard by the post on 8th then I will file N1 on the 9th November

BOOKWORM

Could you change the title of this tread to

Belville V Barclaycard

please so that I can keep everything together

Thanks

[slick132]

Hi Belville,

A phone call may prove to be a waste of your time. That said, BC are offering a full refund sometimes before N1, possibly to avoid court claims with s.69 or Contractual Rates of interest.

Try calling if you want but, if they fail to offer what you want, don't wait too long for them to respond.

If 14 days is up from your lba, you can file your N1 now.

[Belville]

Just a quick update

I WON! I WON! I WON!

On wednesday 24th I received a letter to say that after investigating they are "as a gesture of goodwill" refunding all my charges plus £77 interest but they still think their charges are fair etc etc etc.

Account is closed so upshot is I called them and the money will be in my bank account by wednesday 31st.

All this and I didn't have to file at court

Thankyou to everyone that gave me help and advice it was much apprieciated.


If a moderator sees this could they change my thread title to

" Belville v Barclaycard WON without Court!!"

please. Thankyou.

[slick132]

Hi Belville,



Well done - just make sure they pay as promised and, if you can, make a donation to the site.

I'll get your thread changed asap.

Slick

[Bookworm]

Well done you! Title duly changed!

[livelylad]

Congratulations!

[sea-sidelady]

[Belville]

Thankyou Everyone for your congratulations.
I'm still waiting for the money to arrive in my bank account, they said it would be there by wednesday but I'm so impaitient that I've been checking my account several times a day! Even on Sunday!!!! Very sad I know but this is my first win so I want to actually see the money.

I will post when its there.

Again thatnks to everyone for all the help and advise.

Now all I have to do i s wait for Crap one to capitulate and pay me my money as its gone as far as N1 they will be paying me alot more!!!!
And I'm still Waiting for directions from Croydon CC re the stay that hasbeen lifted, Hopefully that will come soon.