Taking Barclaycard to Small Claims Court over PPI

[Angry Cat]

Re: Taking Barclaycard to Small Claims Court over PPI

Yes. But, you need to exercise caution as Banks often leave it right up to the last minute to submit their defence!

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Yes. But, you need to exercise caution as Banks often leave it right up to the last minute to submit their defence!

Id have expected that to be fair. But they have to submit the notice to defend by the court date of the 27th, not date the letter as then and send it out later?

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Id have expected that to be fair. But they have to submit the notice to defend by the court date of the 27th, not date the letter as then and send it out later?

Well guess what, no defence entered! However I contacted BC who said they have no record of the court issuing a claim. Hmm, so default judgement it is then. I've drafted a letter to BC also, but I'm under no illusion that this has a way to go yet. Totally expecting them to request a set aside, which will give me time to receive the DSAR and TCC from them.

[EXC]

Re: Taking Barclaycard to Small Claims Court over PPI

Did you send them a letter before action prior to issuing proceedings and was it answered?

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Did you send them a letter before action prior to issuing proceedings and was it answered?

No I called them as the money claim helpline recommended I obtain an office address other than the PO box all correspondents had been sent to.
I have sent a follow up letter based on the decision to pursue the default judgement.

[EXC]

Re: Taking Barclaycard to Small Claims Court over PPI

As you didn't send an LBA and get a response to establish that you issue the claim to the correct address the court may take the view of allowing a set aside, which BC will surely apply for now given that you've alerted them of the claim.

[wales01man]

Re: Taking Barclaycard to Small Claims Court over PPI

Looks like BC will apply for set aside if the correct protocol has not been they will do that same as an individual would,anyone expect BC to give in?

[homelyone]

Re: Taking Barclaycard to Small Claims Court over PPI

Looks like BC will apply for set aside if the correct protocol has not been they will do that same as an individual would,anyone expect BC to give in?

Was just wondering if rather than go to the FOS and wait another 2 years for a response (I know they can't help it) would it be possible to go through the small claims court and if not successful there then ask the FOS to intervene? Thanks!

[EXC]

Re: Taking Barclaycard to Small Claims Court over PPI

Was just wondering if rather than go to the FOS and wait another 2 years for a response (I know they can't help it) would it be possible to go through the small claims court and if not successful there then ask the FOS to intervene? Thanks!

No, FOS won't accept complaints that have been to court.

[Tnsafc18]

Re: Taking Barclaycard to Small Claims Court over PPI

Looks like BC will apply for set aside if the correct protocol has not been they will do that same as an individual would,anyone expect BC to give in?

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... 😉

[brown1950]

Re: Taking Barclaycard to Small Claims Court over PPI

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... 

Good to hear you won but when you say '' so called experts tell you that you're foolish and they know best'' who is that directed at ? Perhaps a certain website who have been telling you to give up ?