Allan1983 v Barclays

[Bookworm]

moved to Barclays forum.

[allan1983]

Hey guys.

Im part way through the MCOL form, and ive got a couple of quick questions before i do anythin dumb.

Whats the Appropriate Addy for Barclays as far as the 'full postal address' goes?

Whats the deal with sending copies of the schedule of charges to different places as ive read in other threads? Is this something i will be needing to do?

 

Cant go anywhere till im clear on these, dont want to waste the fees!!

 

Thanks guys!

[allan1983]

OK guys, ive found the addy i was after, so ive now processed the MCOL form, and am now £120 worse off!

Hope ive done it all right!!!!

People dont seem to like to talk to me for some reason!?

All i need to know now is where im sending the Schedule of charges?

Or if indeed i need to do anythin for the time being?

Hopefully some kind soul will point me in the right direction...

[Guest bong]

see contact address here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=4

 

when you have submitted your claim at MCOL, send them a copy of your spreadsheet marked with the claim number and a letter asking them to put it on your court file.

 

As soon as Barclays acknowledges your claim, send another copy of the spreadsheet with claim number to the person shown as representing the bank on the acknowledgement document.

[allan1983]

when you have submitted your claim at MCOL, send them a copy of your spreadsheet marked with the claim number and a letter asking them to put it on your court file.

 

As soon as Barclays acknowledges your claim, send another copy of the spreadsheet with claim number to the person shown as representing the bank on the acknowledgement document.

 

Apologies to Bong, as we posted at the same time.

Thanks mate.;-)

[Guest bong]

you're welcome

[allan1983]

I know theres a rather nice template letter to cover the scedule when it wings its way to HCOL HQ, but i cant find the thread i saw it posted it in. I know its just a straightforward cover note, but i want it to be nice and posh (and as standradised as Barclays letters!)

Also, is there a preferred addy to send said paperwork to? (ie MCOL, etc, etc)

Thanks again.

[Guest bong]

here you go http://www.consumeractiongroup.co.uk/forum/barclays-bank/48178-moneyclaim-question.html#post383967

[allan1983]

As before, cheers mate.

[allan1983]

Cool! The claim has now been issued, so im going to send the scedule and cover letter to MCOL in the morning.

Is there just the one addy to send to though?

The one i know of is Northampton County Court, 21-27 St. Katherines St.

 

Is this a central one or are there regional addys?

[sandbag]

Dear Allan - i sent my schedule of charges to mcol at the Northampton address i also sent a further schedule to the litigation and disputes team at Barclays - to the Churchill place address in London.Hope that helps.

Good luck mate

Regards Sandbag.

[allan1983]

Thanks mate, i think that settles it then.

Unless you live in Northampton...!

 

Also, did you send the same cover letter?

Or was it just a further copy of the scedule? (they already have one)

[Welshman]

Make sure you produce the schedule that includes the 8% interest. Send one copy to MCOL, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

The addresses are:

Barclays PLC

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

 

And for MCOL it’s

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[allan1983]

I was just hoping someone could let me know if this letter will be ok for the copy of the scedule i will be sending to Barclays?

 

29th November 2006

 

Dear Sir/Madam

 

Your Ref. 1******H

 

Please find enclosed a further copy of the schedule of charges in relation to Account Number ********, in addition to the one previously supplied should you require it.

This is in addition to a copy which has been sent to Money Claim OnLine, the online small claims court, as it will be called upon at the time when the case reaches court.

 

Please compile this schedule with other correspondence in relation to my claim for your records.

 

Yours Faithfully,

 

 

Apologies if it looks big or wierd, its just a straight paste from publisher.

[Guest bong]

Allan I think that one is a bit strangely worded.

 

how about

 

 

CLAIM NO. xxxxxxxxx

 

Please find enclosed an itemised schedule of the charges (and interest) debited to my account, together with a spreadsheet calculation of the county court interest on those amounts, as at xx/xx/xxxx, in support of my claim.

 

Please note that this schedule was provided to xxxxbank prior to my claim being filed with the court.

[allan1983]

AS always Bong, thankyou!

If im ever in London, or you fancy a trip up north, i owe you a pint or three!!

Will get these sent off tomorrow.

Obviously ill use the bank's ref number, but do i need to include the COL claim number in the letter to Barclays?

[Guest bong]

thanks for the thought:) .

 

yes include the court claim number as well.

[allan1983]

Just a quick MCOL query:

On the site, it states that 'The Defendant has 14 days from the date they are served with the claim, to reply'

If the claim was issued on the 29/11/06, does this mean Barclays have until the 13th?

Or is the date they are actually issued not necessarily the same as the date ive got on the site?

[bill-k]

Just a quick MCOL query:

On the site, it states that 'The Defendant has 14 days from the date they are served with the claim, to reply'

If the claim was issued on the 29/11/06, does this mean Barclays have until the 13th?

Or is the date they are actually issued not necessarily the same as the date ive got on the site?

Hi Allan, I don't use MCOL, I use snail-mail N1's, but I'm sure the process is the same. The date of service is usually 2 days after the date of issue. This is the time it is expected to take for the claim to reach the defendant by 1st class post. Check on MCOL if they give you a date of service, but I reckon they will have until 15/12/06 to respond.

[Welshman]

The day you file is day Zero. They are legally allowed 5 days to have been served - regardless to whether they were served earier. They then have 14 days to acknowledge, once they do, they have a further 14 days from the end on those 14 days to defend. So it's 33 days in total from the day you filed.

[allan1983]

What if they dont acknowledge?

[Guest bong]

It will probably mean they haven't received the claim or that they've overlooked the deadline. You could apply for judgement in default but then they could apply to have that set aside. If they don't acknowledge I think I'd write them a letter saying "you had until xdate to acknowledge my claim. I will be filing for judgement in default if you don't take action in next 7 days."

[bill-k]

The day you file is day Zero. They are legally allowed 5 days to have been served - regardless to whether they were served earier. They then have 14 days to acknowledge, once they do, they have a further 14 days from the end on those 14 days to defend. So it's 33 days in total from the day you filed.

Thanks Welshman, I didn't know about the 5 days. If my Notice of Issue states "deemed served onxx/xx/xx" then can they ignore that date and just work from the "Day Zero" Issue date ?

 

What if they dont acknowledge?

Allan, going on Welshman's schedule above, they have 14 days from service, which is 19 days from date of issue, in order to acknowledge. They usually state intention to defend (but don't mean it !!), which gives them a further 14 days.

 

If they don't acknowledge service of claim, then you can request judgement by default. If they intend to defend, then you have to wait until the total 33 days are up. If no defence has been received, then request judgement by default.

 

Have I got that right, Welshman ?

[bill-k]

It will probably mean they haven't received the claim or that they've overlooked the deadline. You could apply for judgement in default but then they could apply to have that set aside. If they don't acknowledge I think I'd write them a letter saying "you had until xdate to acknowledge my claim. I will be filing for judgement in default if you don't take action in next 7 days."

Sorry Bong - trod on your feet there. Good point about the advisory letter - presumably that gives them one less reason to apply for setting-aside ?

[Guest bong]

hi Bill.

 

d'u know wot - I think there is a difference between MCOL and N1 here.

 

I think with MCOL service is 5 days after issue (but be careful because if you type in your claim and press the submit button at 10am one day it more than likely won't be issued until the next working day).

 

And I think with filing claim manually I have definitely read somewhere that it is deemed served on the second day after posting.

 

yeah about the letter Bill, I think you've covered your derriere if you send a letter.