morgan stanley or barclaycard ***DELIGHTED** - Page 9

slick132 · 2nd July 2009, 21:27

No, don't include the whole Act.

Just s.32 and any others that are relevant to your assertion that Barclays (t/a Barclaycard) concealed the true nature of their charges - a fact which you only realised in MMYYYY (whenever you realised this through CAG). You should also include in the Bundle any Case Law which backs up your assertion. If I can find any examples of Case Law, I'll come back.

Include in the correspondence section any letters, etc relevant to your charges claim.

skintboy69 · 3rd July 2009, 23:31

Yo Brindles.

Check your messages.

T.

brindles · 3rd July 2009, 23:38

Thanks skintboy,consider them checked.

skintboy69 · 3rd July 2009, 23:46

and?????????????????????? ??????????

Cheers, T.

brindles · 4th July 2009, 15:51

and how????lol

Can any one help me with terms and conditions for a morgan stanely card

brindles · 4th July 2009, 16:02

Hi,

I have terms and conditions for morgan stanely for 2001,well some of them as these were sent to me by barclays in answer to my CCA request along with an application form.

Thanks for the help skintboy, saved me hours

brindles · 4th July 2009, 16:05

Hi again,

I also have a copy of the terms and conditions for backyard around the same date kindly supplied by skintboy.

Should I place both copies of T+C in my court bundle, as the Morgan Stanley T+C are a bit vague.

Thanks.

slick132 · 4th July 2009, 16:16

Hi Brindles,

I'd include the T&C's closest to the date you opened the a/c but, if you're in any doubt, include both.

brindles · 4th July 2009, 21:34

Hi slick,
both included to be on the safe side.

I have completed printing the court bundle x3..
All I need to do is a bit about the limitations act.
what is the best way to seperate/present this as a court bundle as it looks untidy as a pile of papers.

Thanks all.

slick132 · 4th July 2009, 23:31

Get a couple of lever arch files - the big ones with higher capacity - Viking Economy Lever Arch Files Black A4 by Viking Direct One for court and one for the bank.

s.32 limitation act autolinker.com autolinking image

1980 is here - Limitation Act 1980 (c. 5

I've asked for help with related case law.

MARTIN3030 · 5th July 2009, 05:37

It essential to have section 32c in your Pocs if you are relying on it and if BC have issues with it then seek a hearing to determine.
The case law for this is
Kleinwort Benson -v- Lincoln City Council & Others

Its a watertight arguement-plain and simple.
I would personally suggest that you read digest and understand it

Spamalot · 5th July 2009, 09:55

Hiya, sorry to but in.. I have/had an old MSDW card from late 1999 and B/c have sent me a microfiche copy of the application form and I have copied out the T&C which were supposedly attached if it's any help..

Wouldn't mind you looking at my App form as well to see if it's similar to yours.

http://www.consumeractiongroup.co.uk...ml#post2223255

Thanks Spam.

brindles · 5th July 2009, 14:17

Hi,

I need to clarify something for my court bundle.

I am claiming my charges and the interest autolinker.com autolinking image

on my charges at 26.80% on top of this s.69 interest at 8%.

Do I need to include sempra metals in my court bundle as I believe my claim is not for full restitution.
If not sempra metals is there any other case law i could include to back up my claim.

thanks.

MARTIN3030 · 5th July 2009, 14:40

s69 should be claimed as in the alternative.
The case law that you should include is listed in the bundles info thread.

steven4064 · 5th July 2009, 20:50

If you are claiming s69 interest autolinker.com autolinking image

, you do not need Sempra. Sction 69 is your basic entitlement under the County Courts Act 1984; Sempra would be what you wold use if you were going to claim compound interest in restitution on top of charges-plus-interest-on-charges instead of s69 interest.

As Martin says, if you did claim interest in restitution, you should think about putting s69 as an alternative.

brindles · 5th July 2009, 21:50

Hi,
thanks to every one for all the advice this weekend.

Thank you Steven,
I do understand the interest and i have a good idea of what I an doing.
It was a simple question and you have given the answer..Thats all I needed.
Sorry if I came across more confused on the issue than I am.

Thank you Slick, You have been fantastic.
I used the following threads you refered me to, I had read them before but in all the stress of the court bundle(just taking a breather,me and my printer lol,but all in hand,panic over) I forgot to refer to them.

here are the links as a reminder to myself.
http://www.consumeractiongroup.co.uk...rclaycard.html

http://www.consumeractiongroup.co.uk...rclaycard.html

and then there is this,

http://www.consumeractiongroup.co.uk...-received.html

thanks spamalot,
I had alredy got then though.

Thanks shadow,

Thanks skintboy, I know you said leave out sempra but as it was in the bundle, I had to ask. I understand the restitution argument and sempra(see links above lol) I understand my own claim as well, but as it was in the bundle thought maybe I missing a possible link somewhere. I just had to ask

again thanks to every one.

brindles · 7th July 2009, 23:04

Hi,

just to let you know I have handed in my court bundle and gave a copy to Barclay's.

Thanks to everyone for all the help to make this possible.

slick132 · 7th July 2009, 23:23

Well done - just have to see how BC respond.

But I doubt it'll be a well-prepared, fully paginated bundle.

brindles · 8th July 2009, 11:59

Hi,
received a letter from barclays litigation wich includes a email adress. the contents are without prejudice.

Basically they do not understand my calculation. But looking at other threads I understand this is a bog standard responce.

They say the onus is on me to prove my claim? lol. Thought I had sent all the proof needed now its down to them to defend. oh yea sorry, they dont have a defence.

Should I just respond(by email) thanking them for the letter and refering them to my POC and document bundle. Then they will have my email and negotiations will be easier.

Or should I once again give them a step by step instruction on the calculations.

Should I mark my responce without prejudice.

As they have marked there letter without pejudice, How does that affect my responces. what I mean is. How could someone show a court there responce if what is being responded to is without prejudice.

Would it be best for me to now continue without prejudice.

I just dont understand how one can show a court that you have tried to negotiate if its all done without prejudice.

I know its wrong but i feel like ignoring there letter, after all who is going to know and just let them sweat a bit.

Thanks evryone.

the_shadow · 8th July 2009, 12:07

Quote:

Originally Posted by brindles

Hi,

Should I just respond(by email) thanking them for the letter and refering them to my POC and document bundle. Then they will have my email and negotiations will be easier.

Or should I once again give them a step by step instruction on the calculations.

Should I mark my responce without prejudice.

As they have marked there letter without pejudice, How does that affect my responces. what I mean is. How could someone show a court there responce if what is being responded to is without prejudice.

Would it be best for me to now continue without prejudice.

These are just my thoughts on this...

If you have previously explained your calculations then its up to them to prove different. You could send them a short email referring to the letter showing your interest autolinker.com autolinking image

calculations and asking them to provide their "workings out" so to speak or rather to disprove your interest calculations.

Marking things with without prejudice just means they are not admitting any part of the claim but willing to discuss. As you are the claimant I dont see any point in using "without prejudice" on any responses you make to them you have nothing to admit.

S.

2nd July 2009, 21:27	#161 (permalink)
slick132 Site Team Watch out, there are Claims Touts about! Cagger since : Feb 2007 I am in: Planet Thanet, Kent Posts: 11,530	Re: morgan stanley or barclaycard No, don't include the whole Act. Just s.32 and any others that are relevant to your assertion that Barclays (t/a Barclaycard) concealed the true nature of their charges - a fact which you only realised in MMYYYY (whenever you realised this through CAG). You should also include in the Bundle any Case Law which backs up your assertion. If I can find any examples of Case Law, I'll come back. Include in the correspondence section any letters, etc relevant to your charges claim. __________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales.

3rd July 2009, 23:31	#162 (permalink)
skintboy69 Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Apr 2007 I am in: merseyside Posts: 227	Re: morgan stanley or barclaycard Yo Brindles. Check your messages. T.

3rd July 2009, 23:38	#163 (permalink)
brindles Basic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Thanks skintboy,consider them checked.

3rd July 2009, 23:46	#164 (permalink)
skintboy69 Basic Account Holder Your bank owes you an awful lot more money than you realise See here Cagger since : Apr 2007 I am in: merseyside Posts: 227	Re: morgan stanley or barclaycard and?????????????????????? ?????????? Cheers, T.

4th July 2009, 15:51	#165 (permalink)
brindles Basic Account Holder Have we helped you? Please help us by making a donation Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard and how????lol Can any one help me with terms and conditions for a morgan stanely card

4th July 2009, 16:02	#166 (permalink)
brindles Basic Account Holder We need funds Please donate something Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi, I have terms and conditions for morgan stanely for 2001,well some of them as these were sent to me by barclays in answer to my CCA request along with an application form. Thanks for the help skintboy, saved me hours

4th July 2009, 16:05	#167 (permalink)
brindles Basic Account Holder Try our new digital signature service Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi again, I also have a copy of the terms and conditions for backyard around the same date kindly supplied by skintboy. Should I place both copies of T+C in my court bundle, as the Morgan Stanley T+C are a bit vague. Thanks.

4th July 2009, 16:16	#168 (permalink)
slick132 Site Team Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Feb 2007 I am in: Planet Thanet, Kent Posts: 11,530	Re: morgan stanley or barclaycard Hi Brindles, I'd include the T&C's closest to the date you opened the a/c but, if you're in any doubt, include both. __________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales.

4th July 2009, 21:34	#169 (permalink)
brindles Basic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi slick, both included to be on the safe side. I have completed printing the court bundle x3.. All I need to do is a bit about the limitations act. what is the best way to seperate/present this as a court bundle as it looks untidy as a pile of papers. Thanks all.

4th July 2009, 23:31	#170 (permalink)
slick132 Site Team Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Feb 2007 I am in: Planet Thanet, Kent Posts: 11,530	Re: morgan stanley or barclaycard Get a couple of lever arch files - the big ones with higher capacity - Viking Economy Lever Arch Files Black A4 by Viking Direct One for court and one for the bank. s.32 limitation act 1980 is here - Limitation Act 1980 (c. 5 I've asked for help with related case law. __________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales.

5th July 2009, 05:37	#171 (permalink)
MARTIN3030 Site Team The Consumer Action Group Free trial on our eBay auction sniper Cagger since : May 2006 I am in: St.Helens Merseyside Posts: 25,395	Re: morgan stanley or barclaycard It essential to have section 32c in your Pocs if you are relying on it and if BC have issues with it then seek a hearing to determine. The case law for this is Kleinwort Benson -v- Lincoln City Council & Others Its a watertight arguement-plain and simple. I would personally suggest that you read digest and understand it __________________ Please take time to read up. Respect other users -no libel or flaming If you cant see what you need-ask Patience is a virtue - dont we know it. All advice and guidance offered is done so without liability,and is personal experience and views only.If in doubt seek professional help from a legally trained professional. Your views and thoughts count,we welcome any suggestions for improvements.

5th July 2009, 09:55	#172 (permalink)
Spamalot Classic Account Holder Try our new digital signature service Cagger since : Mar 2009 I am in: the cupboard under the stairs for five days a week. Posts: 1,707	Re: morgan stanley or barclaycard Hiya, sorry to but in.. I have/had an old MSDW card from late 1999 and B/c have sent me a microfiche copy of the application form and I have copied out the T&C which were supposedly attached if it's any help.. Wouldn't mind you looking at my App form as well to see if it's similar to yours. http://www.consumeractiongroup.co.uk...ml#post2223255 Thanks Spam.

5th July 2009, 14:17	#173 (permalink)
brindles Basic Account Holder Protect your signature with SignGuard Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi, I need to clarify something for my court bundle. I am claiming my charges and the interest on my charges at 26.80% on top of this s.69 interest at 8%. Do I need to include sempra metals in my court bundle as I believe my claim is not for full restitution. If not sempra metals is there any other case law i could include to back up my claim. thanks.

5th July 2009, 14:40	#174 (permalink)
MARTIN3030 Site Team The Consumer Action Group Have we helped you? Please help us by making a donation Cagger since : May 2006 I am in: St.Helens Merseyside Posts: 25,395	Re: morgan stanley or barclaycard s69 should be claimed as in the alternative. The case law that you should include is listed in the bundles info thread. __________________ Please take time to read up. Respect other users -no libel or flaming If you cant see what you need-ask Patience is a virtue - dont we know it. All advice and guidance offered is done so without liability,and is personal experience and views only.If in doubt seek professional help from a legally trained professional. Your views and thoughts count,we welcome any suggestions for improvements.

5th July 2009, 20:50	#175 (permalink)
steven4064 Site Team eBay user? Find misspellings and zero-bid items Cagger since : Dec 2006 I am in: Lancashire Posts: 13,793	Re: morgan stanley or barclaycard If you are claiming s69 interest, you do not need Sempra. Sction 69 is your basic entitlement under the County Courts Act 1984; Sempra would be what you wold use if you were going to claim compound interest in restitution on top of charges-plus-interest-on-charges instead of s69 interest. As Martin says, if you did claim interest in restitution, you should think about putting s69 as an alternative. __________________ Steven Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial Do you want to know if a credit agreement is enforceable? Rather than sending a PM about a particular agreement, see Consumer Credit Agreements My Claims GE Money Won unconditionally May 2007 NatWest Claim 1 Won unconditionally August 2007 NatWest Claim 2 Statements received - on hold NatWest Claim 3 LBA sent - on hold Brighthouse Won unconditionally August 2007 Goldfish *Won unconditionally April 2008 (including CI on the basis of Sempra)* Next Catalogue - Statements recieved Clydesdale Financial Services Won unconditionally February 2008 Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site. Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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5th July 2009, 21:50	#176 (permalink)
brindles Basic Account Holder Protect your signature with SignGuard Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi, thanks to every one for all the advice this weekend. Thank you Steven, I do understand the interest and i have a good idea of what I an doing. It was a simple question and you have given the answer..Thats all I needed. Sorry if I came across more confused on the issue than I am. Thank you Slick, You have been fantastic. I used the following threads you refered me to, I had read them before but in all the stress of the court bundle(just taking a breather,me and my printer lol,but all in hand,panic over) I forgot to refer to them. here are the links as a reminder to myself. http://www.consumeractiongroup.co.uk...rclaycard.html http://www.consumeractiongroup.co.uk...rclaycard.html and then there is this, http://www.consumeractiongroup.co.uk...-received.html thanks spamalot, I had alredy got then though. Thanks shadow, Thanks skintboy, I know you said leave out sempra but as it was in the bundle, I had to ask. I understand the restitution argument and sempra(see links above lol) I understand my own claim as well, but as it was in the bundle thought maybe I missing a possible link somewhere. I just had to ask again thanks to every one.

7th July 2009, 23:04	#177 (permalink)
brindles Basic Account Holder Your bank owes you an awful lot more money than you realise See here Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi, just to let you know I have handed in my court bundle and gave a copy to Barclay's. Thanks to everyone for all the help to make this possible.

7th July 2009, 23:23	#178 (permalink)
slick132 Site Team Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Feb 2007 I am in: Planet Thanet, Kent Posts: 11,530	Re: morgan stanley or barclaycard Well done - just have to see how BC respond. But I doubt it'll be a well-prepared, fully paginated bundle. __________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales.

8th July 2009, 11:59	#179 (permalink)
brindles Basic Account Holder Free trial on our eBay auction sniper Cagger since : Oct 2008 Posts: 314	Re: morgan stanley or barclaycard Hi, received a letter from barclays litigation wich includes a email adress. the contents are without prejudice. Basically they do not understand my calculation. But looking at other threads I understand this is a bog standard responce. They say the onus is on me to prove my claim? lol. Thought I had sent all the proof needed now its down to them to defend. oh yea sorry, they dont have a defence. Should I just respond(by email) thanking them for the letter and refering them to my POC and document bundle. Then they will have my email and negotiations will be easier. Or should I once again give them a step by step instruction on the calculations. Should I mark my responce without prejudice. As they have marked there letter without pejudice, How does that affect my responces. what I mean is. How could someone show a court there responce if what is being responded to is without prejudice. Would it be best for me to now continue without prejudice. I just dont understand how one can show a court that you have tried to negotiate if its all done without prejudice. I know its wrong but i feel like ignoring there letter, after all who is going to know and just let them sweat a bit. Thanks evryone.