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David v BarclaysGoliath ***WON***


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Well, looks like my attempt to get statements for 6+ years has gone nowhere. I sent my letter (see post 15) on the 10th, and it still hasn't got there!

 

A slightly more 'irritated' version goes tomorrow.

 

:mad:

 

And yes, I DID sent it recorded delivery!

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OK, so since my last posting above, I've had not a single word out of Barclays, either in response to my rejection letter, or my 'gimme old statements' letter.

 

So I got annoyed, and went to Court on Thursday.

 

Filed claim for £1,360 in charges across the 2 accounts. This includes a few which are over the 6yr mark (just - going back to Jan'01 !)

 

So the figures on the N1 are:

 

Charges: £1360.00

S69 Interest: £322.65 (on 3/5/07; 30p daily rate.)

Costs: £120.00

 

TOTAL: £1802.65

 

And I won't settle for a penny less!

 

...probably.;)

 

Incidentally, when the Court Official was going over the procedure with me, and mentioned the AQ, I mentioned the fact that they were being missed out in a lot of cases. She told me that there had been some new communication received at the court that very day regarding aq's, but she hadn't had time to look at it yet. Anyone aware of a change in the rules?

 

 

David.

:D :D :D

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david nothing is ever straight forward with barclays is it. i would be interested to see what this info about the aq is. i filed on mcol on the 1st and they have offered me £3100 but as my claim with interest and fees is £5105 i said thanks but no thanks. hope you get sorted soon

linda

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  • 2 weeks later...

Post just hit the doormat; 3 more fat envelopes!

 

Looks like all my statements, back to 1995, as requested a month ago.

 

PLUS, all the recent sheets I already have.....:confused:

 

Back to the highlighter and strong coffee routine.;)

 

When I get the chance, anyway. I'm sitting posting this in an empty house; supposedly spending my time 'making good' after moving out! If BT were quicker off the mark, I'd have broadband working at my new place, but that's a whole other story!

 

:D :D :D

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  • 2 weeks later...

hi david just wondered if you had any news yet i am still waiting for barclays to hand in their defence. it is due on the 4th june i have had advice off hagenuk and will give them till the 8th june . hope your claim is going ok

linda

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Hi Linda,

 

Still waiting for any word of a defence - by my reckoning it's due TODAY, but I've had no news yet. finding it very difficult to be online at the mo' because of moving house: I've still got no internet service! BT technical tell me my account is frozen for some reason, Accounts say there's nothing wrong, and I'm totally in the dark! Feel like I've had my arm cut off without the net..... can't work properly and can't keep up to date!

(I'm writing this in the local library!)

 

Be back soon to keep you updated,

 

D.;)

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hi david i know what you mean about how lost you feel without internet contact.hope you manage to get it sorted soon. my defence was due today but nothing i will give mcol a call on wednesday morning and if no joy then i think it will be a "settle up or you will be very sorry letter " keep us posted. and dont make too much noise in that library !!!

linda

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I'm back!

At last BT got me up and running, long story for another forum!

 

anyway, to bring things up to date...

 

spoke to the court today to find out what's going on.

 

clerk said 'ooh, I think it's just come back from the judge, you'll be getting a 15min. slot for directions.'

 

'Have they defended?' says me.

 

'Yes, on the 1st, she says. Have they not sent you a copy? I'll get one off to you today!'

 

good service from the court ladies, not so good from Barclays. no doubt I can expect to get the standard defence shortly.

 

IN THE MEANTIME... more fat envelopes dropped through the letterbox, with MORE statements! Now I have THREE sets in total. no new information, but they've saved me a small fortune in copying for my bundle!!!:D

 

checked out my 1995-2001 statements, very disappointed to find less than £100 charged in that time! Those must have been the days when I had a positive credit rating.;)

 

Best news of all (almost.) Lloyds TSB have caved in, and refunded my daughter's charges. That's £165 back in her account, and £60 due to go out on the first of this month, which hasn't.

 

good old Dad!:D

 

will post more news as it happens.

 

good to be back at last. They won't let me back in the library, because I USE TOO MANY CAPITAL LETTERS!!!!!!!!!!:eek:

 

D.;)

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great to have you back . bet the ladies in the library are missing you :D well done for your daughters claim thats a feather in your cap. i am still waiting for a defence from barclays dont know if i should be contacting anyone but i will give it a few days . keep us updated now you are fully functional ;)

linda

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Received the defence this morning (from the court, NOT Barclays.)

 

All very much standard, as seen many times before on this forum.

 

Reading it point by point, there's just NOTHING there! Their defence can be summed up as simply:

 

'It's in the terms and conditions, so it's legal!'

 

So, what's next? (I'm beginning to get out of my depth now.)

I've been told verbally that I'll be getting 'a 15 minute slot for directions.'

does this imply that the AQ stage has been skipped? And is it now time to send the court a letter including suggested draft directions, or would that not go down well with the court?

 

I'm thinking of suggesting that the defence be struck, as it seems so flimsy, on the basis that it would waste the court's time to proceed, especially since the likelihood of Barclays turning up is minimal.

 

Any advice?

 

:confused:

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  • 2 weeks later...

finally heard from the court:

 

'DISTRICT JUDGE ********* has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

DISTRICT JUDGE ********* orders you to attend at 11.30 on the 11 July 2007 at.....etc.'

 

That's it! Slightly confusing as I have not been asked to submit an AQ :confused:

 

I was told earlier (by phone) to expect a 15min hearing, so I imagine this is it....

 

In the absence of any specific details, any suggestions how I should prepare for this???

 

;)

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