B/card **WON post OFT**

bluewillow07 · 22nd September 2007, 16:39

Hi

Can someone please advice what i do next it is the court that has applied the stay not BC. The court has given me 28 days to to apply to have this lifted.
But dont really want to have to pay out more money to get this done. Any advice please.

vogelrok · 23rd September 2007, 00:54

if you have to pay for it add it to the final bill as i beleive as the oft sorted the £12 max charge it was all dealt with. but some courts are. hope it works if you have a look there is a thread about it and how to apply to get it removed.

rory32 · 23rd September 2007, 06:47

Do you mean that Barclaycard did not apply for a stay?

rory32 · 23rd September 2007, 08:32

How did you file your claim? Did you use MCOL or did you fill in an N1 form and hand it in to the court?

bluewillow07 · 23rd September 2007, 17:45

Yes B/card did not apply the stay my local court did.

rory32 · 23rd September 2007, 17:55

Could you please tell me how you filed your claim (post #4).

dpick · 23rd September 2007, 20:16

Hi rory32 I have had same problem with my MBNA credit card claim used N1 and judge stayed after reading papers as identical to test case autolinker.com autolinking image

I have applied to remove or adjust stay.

dpick

bluewillow07 · 23rd September 2007, 22:51

Filed claim with MCOL who transfered the claim to my local court when BC decided to defend the case. My local court then sent out a letter to say that they would be staying the case until after the outcome of the OFT case.

slick132 · 23rd September 2007, 23:15

Hi BW,

Have a look at post #5 onwards here - http://www.consumeractiongroup.co.uk...yed-court.html

Slick

bluewillow07 · 24th September 2007, 05:41

Many thanks for that, I have hand del a request to have the stay lifted and also sent an e mail to Barclaycards litigation dept at canary Wharf.

bluewillow07 · 26th September 2007, 05:44

E Mail recieved back from B/Cards litigation dept

Dear *******,

Sorry for the delay in responding to your email.
Today I received an Order from the court dated 20th September, which has stayed your case pending the OFT test case autolinker.com autolinking image

in January.
As you may already be aware, Barclaycard is not included in the test case autolinker.com autolinking image

, so your case was wrongly stayed.
I will be contacting our accounts department at Barclaycard to verify your charges, and hopefully we will reach a satisfactory conclusion.
I am dealing with cases on a hearing date basis (which I deem to be the fairest way possible), but I should be contacting you again within the next two weeks.
If you have any further queries, please do not hesitate to let me know.

Hopefully this may help other as well.

LS123 · 26th September 2007, 10:32

Hello

Could I ask who are you emailing in Barlcays litigation as I am not getting a reply from any of them and I have a stay removal hearing on Wednesday next week

Many thanks

Paintball · 26th September 2007, 18:38

Bump ...go on tell us who it was ...

bluewillow07 · 26th September 2007, 22:30

Hi I have been dealing with

Kate Ashton Legal Clerk
Tel: 0207 116 4664
Fax: 01452 638430
E-mail: katherine.ashton@barclays .com

Hope this helps

LS123 · 27th September 2007, 09:14

Thank you - I will give her a try

bluewillow07 · 27th September 2007, 09:24

good luck my happened very fast so will yours hopefully post update, and if you need any more help just shout.

LS123 · 27th September 2007, 19:26

Bluewillow you are a star!!

I emailed Kate this morning and she sent a reply this evening to say that she isn't actually dealing with my claim but there is apparently a settlement letter on it's way!! Yippee

I guess that I will still need to attend court on Wednesday but just take a copy of the settlement letter with me.....

Many, many thanks

LS

bluewillow07 · 27th September 2007, 21:09

Great news well done you. Hopefully they will settle before Weds so you wont have to go to court. You can always ask for a BACS payment into your bank account if your B/Card balance is clear, otherwise they will pay it straight on that.

LS123 · 28th September 2007, 10:42

I haven't used my Barclaycard for years and have no balance but strangely enough since I started this claim back in February I have been receiving monthly statements showing a zero balance, so I imagine they will pay it into there.... Not really bothered where the money goes, just very glad to have the end in sight on this one...

Thanks again...

LS

dpick · 28th September 2007, 11:35

Quote:

Originally Posted by LS123

I haven't used my Barclaycard for years and have no balance but strangely enough since I started this claim back in February I have been receiving monthly statements showing a zero balance, so I imagine they will pay it into there.... Not really bothered where the money goes, just very glad to have the end in sight on this one...

Thanks again...

LS

Hi get them to send a cheque otherwise the sods will charge you the cash advance fee when you withdraw it. Have seen this happen on other threads.

dpick

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and ensure this site will remain free to use!

Small Claims Kit--	Small Claims Court Guide New Edition	Consumer Action Group envelope labels	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki