David v BarclaysGoliath ***WON***

[saintly_1]

Has he given no further directions ?

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html Have a read here see if it helps

[carter56]

david really interested to see what goes on from here. i have received a copy of barclays defence and i am waiting to hear from my local court. where are you up to now ? i am sure you are going to be fine. i bet you can almost smell the money now. keep us up to date and good luck

linda

[oneofakind]

OK, just a quick update.

 

My claim is being handled by Paul Quinn for Barclays. I've emailed him suggesting they should settle now that I have a court date, and backed it up with the same message via snail mail.

Sadly, that was three days ago, and I've had no reply as yet.

 

Although obviously I could do without all the aggravation, I'm actually quite looking forward to going to the court!

 

am I weird?

 

[dar£n]

OK, just a quick update.

 

My claim is being handled by Paul Quinn for Barclays. I've emailed him suggesting they should settle now that I have a court date, and backed it up with the same message via snail mail.

Sadly, that was three days ago, and I've had no reply as yet.

 

Although obviously I could do without all the aggravation, I'm actually quite looking forward to going to the court!

 

am I weird?

 

 

funny, thats exactly how I felt At that stage!

[tezl]

funny, thats exactly how I felt At that stage!

a breed apart you lot.

[carter56]

good luck hope paul quinn has been back in touch or if not then perhaps a gentle nudge. from what i have read on here he isnt the quickest. watch me get him as well. fingers crossed

linda

[oneofakind]

No reply yet, Linda.

Past caring, really. Looking forward now to sitting down at the table with the Judge.

 

Bit annoying though, that PQ doesn't actually seem to do anything much, compared to others on the team.

 

[oneofakind]

caught Martin Lewis on 'The Wright Stuff' today...

 

"don't forget to claim your bank charges back - all you have to do is write a few letters..."

 

Yeah, right!

 

[oneofakind]

Please consider any previous comment about Paul Quinn well and truly retracted.....

 

because.......

 

I'VE WON!!!

 

Barclays have offered full amount as claimed, with 8% interest and all costs.

 

They've asked for confidentiality, but oops, someone appears to have scribbled all over that part of their letter....

 

I've replied already (splashed out for Special Delivery... ) and should have the cash in my account soon. Of course, the claim ain't finished till then!

 

Donation will follow payment.

 

Thank you to everyone who has been here with help and support over the past few months.

 

Now, who's next.....?

 

[slick132]

Nice one, Oneofakind.

 

Enjoy that more-expensive-than-usual red wine.

 

My champagne is on ice while I wait for my letter from Kate.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70074-slick-barclays-business.html see here for update.

 

Slick

[saintly_1]

WOOHOOOOO

*\o/*CONGRATULATIONS*\O/*

[oneofakind]

Love those pompoms, Saintly!

 

[saintly_1]

i do shake them well dont i ;-)

[oneofakind]

Enjoy that more-expensive-than-usual red wine.

 

Cheers mate, sadly it's all gone now, and I've had to move on to my malt whisky stock....

 

Laphroaig and Barolo are a recipe for a powerful hangover, but for once, I don't care!

 

congratulations on your result, too!

 

[slick132]

To hell with the hangover for once.

 

You'll hear when my champagne cork pops.

 

Slick

[enoughisenough]

CONGATULATIONS AND CELEBRATIONS

 

hope you're still compos mentus when the funds arrive.

 

WELL DONE ON YOUR VICTORY

 

p.s. The choice of words of celebration above does not indict me in any way as a cliff richard fan. hope you see the joke even if it's a poor one!

[Trucker]

well done mate.... rather partial to a laphroaig myself

[carter56]

CONGRATULATIONS AND WELL DONE HAVE A GOOD TIME SPENDING YOUR CASH:D :D :D

THANKS FOR YOUR SUPPORT

LINDA X

[oneofakind]

Thanks Linda,

 

Despite the fact that I haven't actually RECEIVED the cash yet, the OH is making great strides in spending it.....

 

I'm sure you're not far from your own victory now!

 

D. :D

[oneofakind]

Okay then, COURT DAY TODAY!

 

8.45am: check Barclays online banking. NO SETTLEMENT !!

8.55am: Stop swearing.

 

8.56-9.25am: Compose self, ingest large mug of tea and bacon butty.

Send email to Paul Quinn 'where is my cash?!? Don't you know you're in court today???'

9.30: Shower. Cold. Daughter's used all the hot water again! I am NOT in a good mood.

 

9.45: Discover anonymous voicemail on my mobile; something about 'thought it was settled... passed the details to the accounts team....few working days, etc.' Could this be actual physical evidence of the existence of the mysterious Mr.Quinn? Save message for possible forensic study at a later date.

 

9.50: More tea. Decide against second bacon butty, on the grounds that Daughter's had the rest of the bacon as well!

 

10.00: Check Barclays online again, just in case. Waste of time.

 

10.30: Post arrives; catch envelopes before they hit the doormat. Nothing from Barclays, surprise surprise!

 

11.00: Arrive at Court for 11.30 hearing. Was expecting to find waiting room filled with CAG/MSE types. It's empty except for a legal type in a brown pinstripe.

 

11.15: Meet the Judge. He informs me that he thinks I'm actually the first bank claimant to attend this Court, because 'they ALWAYS settle.'

 

He tells me 'well, I can send the case for trial if you like, but since they've offered to settle in full, how about a 28-day suspension? When they settle, you can cancel the claim; if they don't, we'll take it further.'

 

Done deal. Barclays now have until August 8th, 4pm. with any luck, I'll be sorted by the weekend.

 

11.20: Out of court, feeling 10ft tall. Seek out nearest watering hole for pie and a pint. (yes, it's a bit early, but I'm celebrating!)

 

 

The moral is, if you can string a sentence together, and you've managed to fill in the court documents and got your claim this far; you really should have NO WORRIES about going into court! :D

 

come on Paul, where's my cash?

 

DC:D

[carter56]

WOW i cant belive that. I'm gobsmacked !!! well you defo took on barclays didnt you. have you spoken to them since you got back home ?

linda

[oneofakind]

MORNING ALL.

 

Checked my balance online....

 

Funds in account, game over !!!

 

Would you believe they actually credited me TWICE?

Sadly they noticed, and took one payment back.

 

So that's it. I won.

Donation made.

Discontinuance letters ready for Bank and Court.

This has been a good week for Barclays claimants, and I hope every winner donates to CAG, to help keep the successes coming.

 

Thank you to all the regulars on the Barclays forum who have provided advice, support and a few laughs. I hope I've been able to provide the same to a few others.

Thanks also to the Helpers and the Mods, without whose assistance my bank balance would still be very red.

 

so I guess as far as this thread is concerned, this is...

 

 

THE END.

[carter56]

Well Done I am so pleased for you what a relief that must be. But please dont disappear please stick around and give us all some more advice and support.

Enjoy a few glasses of something special tonight

Linda x

[oneofakind]

Oh, I'll still be around, Linda. I seem to spend much more time on other people's threads than my own, anyway!

 

[emmachantelle]

Hi All,

 

I'm so pleased its not just me having a nightmare with the lovely barclays bank!!

 

I first started my epic claim back in October last year and eventually got my statements after 3 attempts in May!! And actually recieved all three lots of statements together in one envelope - so they had blatently been holding on to them for some reason! Those poor trees!

 

Anyway, I am now at the court stage and wondering what to do next. I have heard from the county court advising me it has been transfered to the small claims court. Before this I received a letter from the original court advising me Barclays had submitted a defence.

 

I am confused at what to do now, as Barclays defence is 11 points long, which basically go, 'we think this, but if that isn't a good enough defense then we think this, and if that isn't a good defence than this'...and so on! Having read it a couple of times and understanding it...I laughed. But am rather worried as everyone else seems to have only had one or two defence statements.

 

There defence is:

 

1. The particulars of the claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the dates thereof. ....etc (if you need more details please ask:) )

 

2. The particulars of the claim are summary in nature. Therefore the defence is, and they reserve the right to amend their statement n due course if they feel necessary.

 

3. The defendant is entitled to charge the claimant for unauthorised borrowings by erason of its standard t&c's. Std response!

(it then summarises these points!)

 

4.The defendants std t&c's give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings.

 

5. If and to the extent it is the claimant's case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits and/or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimant's account constitutes a liquidated damages clause, the same is denied.

 

6. Accordingly, it is denied that the legal principles relating to liquidted damages clauses and penalty charges are relevant or applicable to the facts set out above.

 

7. Therefore, it is denied that the charges were unlawfully debited from the account.

 

8. If and to the extent the claimant incurred charges on teh account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility and/or the failure to make payments to bring the balance of the account back into credit.

 

9. It is avered tht the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

 

10. The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all. in the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 10 may 2001 are not recoverable because they are time-barred under the terms of the limitation act. Bear in mind i have claimed from the date I originally requested the statements - for the charges I had incurred since that period - am I able to claim this?

11. In the alternative, and without predjudice to matters stated above, if (which is denied) the said charges and interest or any part are unlawful or unenforceable as alleged by the claimant or at all, and the charges were a consequence of the breach of contrac by the claimant, the defendant has nonetheless suffered loss and damage as consequence of such breach of contract in allowing the account to go into unauthorised overdraft.

 

Wow....thats the end, and if your still with me - help! Most of these points have been summarised so I don't lose you.

 

I am very worried that I have filed the claim incorrectly, as I used the standard claim form found on moneysaving expert. but obviously changing the details to mine.

 

Should I send a letter to Barclays/the court reiterating my claim against the defence? or wait until court?

 

Congrtulations on those who have fought the dreaded Barclays and won...enjoy that whiskey!

 

Emma.