Barclays Bank - Court Date 25th October **WON**

[johnfower]

I have now started action against Barclays. First Step has now been taken:

 

DPA request sent on 21/04/06. 40 Days to comply.

[kaznelson]

Brillant

[johnfower]

All statements arrived on the 2nd May (Very Quick!). 695.00 Owed from the whole 6 months. I hope they refuse the refund so I can get the extra hundred pound in interest - hopefully their fools like Abbey and will refuse.

 

In process of sending out Letter Before Action.

[Overdrawn]

In process of sending out Letter Before Action.

 

You need to do the prelim letter first...or have I mis-read you?

[johnfower]

I've already got all the figures which is why Im going straight in with letter before action. Ive done this with Abbey and gotmy cheque. Just skipping a few days.

[Don Quioxte]

I've already got all the figures which is why Im going straight in with letter before action. Ive done this with Abbey and gotmy cheque. Just skipping a few days.

 

skip at your own peril John... but you might not be dancing at the end of it..

 

My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

 

Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

 

if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

 

Stick with the format.. prelim, LBA, file - watch the enemy fire blanks.

[johnfower]

skip at your own peril John... but you might not be dancing at the end of it..

 

My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

 

Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

 

if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

 

Stick with the format.. prelim, LBA, file - watch the enemy fire blanks.

 

Further to the above advise, I will now send Barclaycard the prelim letter

[Don Quioxte]

nice one.. keep us posted..

[johnfower]

Prelim letter posted today giving them 14 days to reply. Letter before Action is ready to send after the 14th day. I hope they refuse the refund then i can claim an extra 100.00 in interest.

[johnfower]

Standard letter: Sorry youre unhappy, we will deal with this by 12th june. They have until 20th May before I send LBA

[Don Quioxte]

Yes Barclays seem to have this rather annoying habit of simply replying to Prelim letters and LBAs with standard complaint letters and leaflets.

 

relly quite infuriating.

 

i've just received notification that they will defend my claim in court too.

 

Don't be surprised if they reply to your LBA with almost the same letter you just received... it's damn frustrating.. but I really think that patience is the best policy in this scenario!!

[johnfower]

Since their standard letter saying they will deal with in next century, they havent replied. The time is up with the prelim letter, off goes the letter before action.

[johnfower]

The deadline was 4th June for the LBA. They replied the day after my deadline offering 50%. Obviously refused and claim started (on moneyclaim website) as from 5th June.

[Don Quioxte]

sounds good

 

be prepared for claim to be both acknowledged and a defence submitted.. see my Barclays thread - you may want to consider calling Barclays once the clim is acknowledged to discuss "without prejudice" terms of full settlement... Also read some of the posts in the keith Jeremiah thread - should provide you with encouragement...

[johnfower]

I've just had a quick look on money claim website, and im suprised. Barclays acknowledged the claim 4 days after i filed the claim. Very quick! Abbey were allot slower.

 

I expect to hear from them between now, them filing their defence and getting the allocation questionnaire thru. They made an offer of 50% so im hopeing that they will offer the full 100% shortley. I shall keep updating this post, just like the others I have done.

 

This claim is not actually mine, it's my mothers and I have encouraged her to take action, I have done everything for her and shes read thru everything and signed the papers etc. (unlike the Abbey claim and Barclaycard claim which are both mine)

[johnfower]

Barclays have entered their defence on the 7th July but theres an issue in their defence im concerened about:

 

The claimaint has failed to identify what action they wish to take

 

(not the actual wording but thats what they said)

 

Also i've just noticed im claiming an extra 17p than what i should be. How do i change this? or doi leave it and hope its not spoted or changed the figures on the spreadsheet and hope they dont check it?

 

Is this a usual tactic? Also Ive send my Keith Jeremiah 2 emails to try and settle without prej... terms but he's not replied (3 days later). Does this case look like its going to court? I have until the 26th July to send the allocation questionnaire.

 

The wording i used in the case was:

 

throughout the last 6 years I have been

charged £695.00 in fees or charges which

contravenes the 1997 Unfair Terms

(contracts) Act and The 1999 Consumer credit

Act.

I requested the amount to be refunded on

the 6th May 2006 allowing the defendant 14

days to refund these unfair charges which

was refused. A Further 14 days was allowed

and they failed to meet the deadline.

As Barclays Bank PLC have failed to comply

with my request after allowing 28 days to

refund the amount, I must now take action

against the bank to recover the amount

owed. As allowed by the County Courts Act

1984, I shall now claim £695.00 + 8% APR on

each of the charges + the cost of the court fees incurred.

[johnfower]

Currently filling in the allocation questionaire, unsure on section g, does anyone know if you can leave this blank or is it best to put something in?

 

Section g, Please give any additional information to help the judge etc

[johnfower]

Sent the questionnaire off with section g blank. I have been in contact with Keith Jeremiah via email, he wanted to know if we could talk terms etc and i told him i would not settle for anything less than the full ammount. Ive not heard from him since (just over a week ago)

[quin1962]

I emailed Keith Jeremiah two days ago and heard nothing yet, my allocation questionnaire needs to be in on 2 Aug. Did you phone Keith after emailing him?

[johnfower]

I did yeah but his PA said he was in a meeting, ive emailed him a few times with no reply. As an update, the Allocationg questionnaires have been sent off and a court date has come through for October. Although I was told the date by my mother (its her claim) i cant remember if she said 25th or 26th October, but at least you get a picture lol.

[johnfower]

Well the court date is now less than a month, still no reply to the emails I’ve sent asking him to settle for the amount. Can someone confirm these 2 questions...

 

Am i right in thinking i need to send a copy of all documentation to the court and the bank?

 

Also, is there a check sheet anywhere of the documents to send?

[Bookworm]

Yes, usually, but check what it says in the directions you got from the court (same letter that gave you the court date)

 

Yes, check the Library for a thread by, well, me, called "basic court bundle", and make sure you read the post that goes with it! I can not stress enough that it is called "basic" for a reason!

[johnfower]

As an update, the court date is the 25th October. Therefore all the paper work required for Court will be sent tomorrow.

[LEECHTHEBREACH]

its here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

and good luck

those punks have just made a pultry offer to me

[johnfower]

Ive today had a latter through the post stating we wish to settle your claim in full admitting no liability blah blah blah, however, theres no mention of payment and the court date is due on Wednesday. I therefore guess that i send a letter back stating i accept your offer to settle in full, although the funds must be cleared on Tuesday.

 

Please advise me - Am i right in the above?