M v Barclays

[Welshman]

If MCOL site is telling you that you cannot take things any further on-line then they've defended.

 

You'll get the AQ a day or so after the Defence was laid.

[thestarinn]

spot-on Welshman, received AQ this morning.

reading their defence, i dont think there's anything that i haven't seen posted in threads before. they are claiming that i havent provided details of the account in question or the precise charges alleged to have been unlawful, but i sent a schedule of charges registered post a short while ago as well as twice before to Churchill Place.

they also go on ..."it is averred.......charges...applied to the account prior to 30 November 2000 would not be recoverable for reason of exhaustion of time...." Should I amend the amount I am claiming accordingly? I commenced my claim from 13/12/1999 (purely because this was the start date on statements sent to me by Barclays) and to amend now would mean £222.29 less (including interest) in my claim.

finally, it appears that i need to send another £100 off, this time to Oxford County Court, along with my completed AQ by 21 January.

[Welshman]

OK. Take a look at this thread here: http://www.consumeractiongroup.co.uk/forum/halifax-bank/44416-wilkins-halifax.html

 

This Claimant is in the same position. You need to take a look at the latter stages because that claim is also going beyond the 6 years.

 

You may feel that you can see it through yourself. The matter is in your hands but this thread will hopefully help you come to a decision.

[thestarinn]

Following Wilkins v Halifax (thanks again Welshman). Think I'll leave my claim as it is and see what happens when settlement times comes.

 

Sent off AQ today with cheque for £100 well in advance of cut-off date of 21 Jan.

 

Anyone out there corresponding with Oxford County Court?

Are they busy?

 

Also, how long do you think I will have to wait to learn of my court date?

[dickeggsy]

i'm expecting my AQ to arrive any day and hope to fill it in as soon as possible.

what did you put in section G ,any other information etc.

any reply greatly appreciated.

[Welshman]

Following Wilkins v Halifax (thanks again Welshman). Think I'll leave my claim as it is and see what happens when settlement times comes.

 

Sent off AQ today with cheque for £100 well in advance of cut-off date of 21 Jan.

 

Anyone out there corresponding with Oxford County Court?

Are they busy?

 

Also, how long do you think I will have to wait to learn of my court date?

 

It depends on the workload of the Court but don't expect the Bank to return their AQ much before the cut-off date. They have one to fill in too and return it the same timescale as you.

 

Look upwards of about three weeks or so for the Court to get in touch with you.

[bmw323i]

i'm expecting my AQ to arrive any day and hope to fill it in as soon as possible.

what did you put in section G ,any other information etc.

any reply greatly appreciated.

 

Have you read the guide to completing A/Q here...I just followed that.

 

 

Emz:D

[dickeggsy]

yeah i have read it about 10 times ,lol.

i am just fishing around to get an idea of what other people have put in theirs just to get an idea of what to put on mine.

thanks for the reply mate.

[Welshman]

i'm expecting my AQ to arrive any day and hope to fill it in as soon as possible.

what did you put in section G ,any other information etc.

any reply greatly appreciated.

 

dickeggsy, if you didn't do so, can you please post questions in relation to your case in your own thread. If you have posted in your own thread, please do not duplicate it elsewhere as it doubles the work of site helpers and Mods. Anyway, in answer to your question, this is what I put in Section G. BUT, you need to go and have a read here first BEFORE you send in your AQ. It's a fairly new development. Scroll about two thirds down the page. Here's what I put in G:

 

I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour.

[dickeggsy]

ok .

sorry bout that,will do,not thinking properly.

thanks for the reply fellow welshman.

[dickeggsy]

my fault i should wait till i get the AQ cos i don't know wether it's a 149 or a 150 yet.trying to get things sorted to quickly to get it over with,i need more patience.lol:D

[thestarinn]

Followed your example for section G word for word Welshman, as it seemed appropriate.

 

Your guidance in this latter stage of the battle is very assuring. Thank you.

[thestarinn]

Hi all, just returned from two weeks hols and have received my court date and time, 10.00 on 8 May 2007 at Oxford County Court.

 

Copies of all documents (including any experts' report) on which I intend to rely at the hearing must be delivered to every other party and to the court office no later than 12 March. I guess this means my bundle!

[thestarinn]

Hello everyone, its nice to be back. Got v.ill the day after my last post and have been recuperating ever since. Now, back into battle!

 

Have spent the best part of the last 12 hours putting my Court bundle together, it makes 114 pages in all. Been reading some threads where people are just not bothering with bundle because no one is ending up in court, but I'm not going to chance it.

 

Any thoughts on this? Should we still be bothering spending such a huge amount of time and effort on a court bundle if no-one is going to read it?

[thestarinn]

Will contact the bank soon regarding a settlement outside of court.

[dar£n]

Been reading some threads where people are just not bothering with bundle because no one is ending up in court, but I'm not going to chance it.

 

Any thoughts on this? Should we still be bothering spending such a huge amount of time and effort on a court bundle if no-one is going to read it?

 

This is a very risky thing to do considering how long the process is already,

 

Barclays dont usually enter into negotiations for settlement until they receive your court bundle,

NOW, if they dont receive it from you

a) they can use that in court

b) they could assume you are not going to bother and let it run to the courtroom where the judge is in a position of no court bundle from them and no court bundle from you... no evidence to support your claim..NO CLAIM.

STRUCK OUT!!!

 

Is it worth that risk when already so close to getting your money?

[thestarinn]

No. This procedure does take time although will be worth the wait. Sound advice, I think, Dar3n.

[thestarinn]

Court date closing in (8 May).

Anyone suggest I wait for Barclays to contact me, or should I call them? (I have seen both ways work in other threads).

[thestarinn]

Called Krysta @ B's today to seek a settlement. She has given me the name Thomas Hickey as my contact. He is due to call me back as I haven't had a settlement letter. The court case is one week today.

[thestarinn]

Tom Hickey called me today at 11.35. Said he would be sending me a settlement letter, but his settlement figure fell short of my expectations. He hadn't included the £100 AQ fee or updated 8% interest to today. I asked him to do this and he did. Made a difference of £160.

 

I strongly recommend anybody calling B's for a settlement to have a figure in front of them that they are expecting to receive when they phone. If I hadn't, I would have accepted a lower figure and that would be such a shame after 7 months of waiting.

 

Anyway, received fax at 12.00, signed & faxed back acceptance at 12.30 (after deleting confidentiality clause), just checked my account & it is £2738.98 better off than it was first thing this morning!

 

Which means I've won!

 

Can a mod put me in the successful claims list please?

 

Thank you one and all for your fantastic help on this amazing site.

Will be donating, naturally.

[lthomp192]

WELL DONE "thestarinn" hopefully you're one of many this week,well done you.

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!