Barclaycard:Filling out an Allocation Questionnaire ***WON***

[HattieTheFirst]

Hi

I have two claims going through with Barclaycard for unfair charges. The stage that I am at (with both) is that I have sent all the normal letters and started a claim with MCOL. A defence has been filed by Barclaycard in both cases. I have now received an allocation questionnaire from the court but want to get this exactly right before I send it off.

These are the questions asked:-

A Settlement
Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution? Yes/No

B Location of hearing
The hearing will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? (My local court - so O.K.)

C Track
Do you agree that the small claims track is the most suitable track for this claim? If No, please say why

D Witnesses
So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing (none)

E Experts
Do you want permission to use an expert's report at the hearing yes/no

If yes, what will the expert's evidence deal with?


Have you already obtained an expert's report? (No)


In addition to using an expert's report do you want your expert to attend the hearing and give evidence yes/no

If yes, give the reasons why you think their attendance is necessary


The court may order the appointment of a single expert who can be instructed by both parties. If this would not be appropriate, please say why

Hearing
Just asking what dates you are not able to attend in next four months

G Other Information
In the space below set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party



Any help/comments would be appreciated
Thank you Hattie

[slick132]

Hi Hattie,

A No
B Local Court
C Yes
D None
E No
G Leave unless using Draft Directions from site

[HattieTheFirst]

Thank you for your quick response - I'll get that posted off tomorrow and let you know the outcome. Hattie

[slick132]

Hattie,

Here's the link that should confirm what you need.

Section G, which would include the Draft Directions relevant to bank charges cases is less relevant to your claim with BC, as BC are now more ready to negotiate before court date if your claim is straightforward - ie. doesn't include claim for CI/CCI, and only includes s.69 interest.

Slick

[HattieTheFirst]

Hi

I received a letter from Barclaycard shortly after I received the allocation questionnaire from the court (i had not sent it back off) - they have offered me 428.07 out of my original claim of 1049.42 (including interest both amounts).

The day after I received a letter from Barclaycard re my mastercard charges (different claim) saying that that particular claim has been stayed - amount of claim 1714.48 including interest.

Should I refuse the payment (have until 5th Dec to decide) and wait the course?
What grounds can I apply for the stay to be lifted re the second BC claim?

Thank you for any help
Hattie

[slick132]

Hi Hattie,

Here is the link I left off my last post - http://www.consumeractiongroup.co.uk...ompletion.html

Reject the offer by adapting and sending letter 5 from here - http://www.consumeractiongroup.co.uk...ng-offers.html

Use the part which deals with "... you've credited my a/c....."

If your para's 2 & 3 relate to the other claim, please d/w it on the other thread - I'm easily confused !! lol

[HattieTheFirst]

I faxed the adapted letter off to Barclaycard refusing their full and final settlement this morning. I had a phone call from Barclays Litigation Department (was not convenient to talk) so they are calling me back at 12.00 today!! I wonder if it is a better offer. Part of the fees in question are cheque handling fees e.g. withdrawing cash from a credit card - are they likely to throw that at me?
Hattie

[slick132]

It's only the UNLAWFUL chgs that you'll get back.

Late pay't fees, over limit charges, etc.

Make sure you DON'T agree to anything on phone unless you're 100% sure.

Much better to get them to confirm anything in writing by fax or email so you can consider and respond appropriately.

[HattieTheFirst]

HI

Just to say I am still in negotiation with Barclays (BC) - the litigation department said that they do not have all of my statements and am unable to get them from BC(!) but if I supply them they will pay all of the charges back. They even said themselves that it is ridiculous that they are having to ask the customer for them rather than BC - VERY ridiculous I would say - however, if it gets the right result I'm happy to do some photocopying and get the copy statements off to Barclays Litigation Dept.

Thanks for your help. I'll let you know the final outcome. Hattie

[slick132]

Hattie,

My inclination would be to tell BC you'd like a fax or email from them which confirms:-

1) That they can't obtain copy state's or a/c info quickly and require you to supply this.

2) That they agree to refund in full the disputed chgs.

I would send them a copy of your SOC showing any chgs which you no longer wish to claim (re cheque handling fee as mentioned above).

[HattieTheSecond]

Hi
BC paid all the charges minus the cheque handling fee charges (of which I was pushing my luck!)

All done and dusted so that was a good outcome.
Thank you for your help. Hattie.

[slick132]

Hattie,

Delighted to hear this result - Congratulations.

Will get title changed to show you've **Won**, and please make a site donation if you can.

Well done, Slick