dodgy v barclays

[dodgy]

I have calculated £860 is charges over the past 60 months.Do i send 1st letter to this address

 

Barclays Bank PLC

1 CHURCHILL PLACE

LONDON

E14 5HP

 

the same as i sent the SAR to? thnx

[jazzy]

That's where I am sending mine. I think it all gets redirected to the relevent dept anyway. It doesn't affect the time scale in any way.

[sandbag]

Hi, I sent all my correspondence to the Churchill place address.

Regards Sandbag.

[dodgy]

thanx.

[dodgy]

Sent SAR

Got statements.

£800 in charges over 6 years, i was going to claim for just the charges, but at the last moment i downloaded a excell spreadsheet that worked out the interest from the date i was charged.

 

This ADDED another £250 to the claim.

 

Well worth 30mins of my time don't you think.

 

prelim sent 23-1-2007...

[bobtheb]

well done keep on going

[dodgy]

Sent LBA 2 weeks ago after rejecting a 50% settlement.

 

I need to move to court action, i was wondering if thr online money claim was easier to use?

 

any thoughts?

[crashbandicoot]

Hi dodgy, it's not so much about it being easier, it's just a bit more instantanious than using a hardcopy form. The only problem I have with MCOL is that it isn't very flexible and doesn't allow much room for particulars of claim, and that you have to send a schedule of charges separately.

 

Still, it's down to personal choice

[dodgy]

Is there a guide to the legal process , the timescale of the LBA is well past and i want to move this along. thanks

[Advoc8]

Start with this.

 

Please note this bit really does have to be right, so come back and ask more if you need to.

 

Your big decision is whether to use the online claim service (MCOL) or submit the forms via your local court. Both work fine but personally I'd go for submitting via the court as you don't have that character limit to work to.

[dodgy]

In the 'Brief details of claim' section, shall i notate all communications to date, or is this left untill they offer a defence and a date is set??

[Advoc8]

No, that stuff goes in your trial bundle (if it gets that far). As the FAQ says Brief details of claim just contains:

 

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

 

 

[dodgy]

thanks

[dodgy]

Got a "Notice that acknowledgement of service has been filed"

It goes on to say the defendat has 28 days to file a defence (16 may).

 

do i have to do anything? or just wait. thanks

[Rooster-UK]

Just wait until you hear from the courts.

[dodgy]

I have recieved from the courts a defence from rosemary brown from @ barclays, seems to be standard 12 point defence.

 

What do i put in the allocation questionaire? there is also papars with reference to a mediation service via the national mediation service. Is this an option ?

 

thnx.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

 

Have a read here

[dodgy]

Thanks for the link, very helpfull.

 

I have to fill in the mediation form, i can fefuse mediation but i must give a reason for doing so.

[Fat.Controller]

Hi Dodgy

 

You might also want to take a look at this;

 

 

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

 

 

Good luck

 

FC

[dodgy]

OK, shall i fill in the AQ with the draft directions attached AND a completed mediation form with the refusal letter attached back to the court?

 

thnx

[slick132]

Yes , complete the AQ as per link for New Strategy for AQ's.

 

Decline the offer of mediation on the basis that Barclays have refused to properly respond to your 2 earlier requests for refund.

 

Good luck.

[dodgy]

I started a claim in jan 07 with SAR, by the time i got to filing court papaes it was april. I have to send in my AQ 2moz and although barclays submitted thier standard 12 point defence - they are claiming i cannot persue monies before april 2001. Do i need to submit another spreadsheet with more recent charges? and how do i alter the ammount claimed? Or do i proceed regardless.

thanks .

[dar£n]

use this:

If the charges are time barred by virtue of section 5 of the Limitation Act (1980) then I contend that the defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the defendant truly believes that these charges are lawful, then I contend that the defendant is mistaken. As I only became aware during April 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

[dar£n]

Dodgy, you now have 6 threads open for this claim, please keep to one thread, it makes it so much easier to read.

 

I will get your threads merged.

 

Please just use the REPLY button.

[dodgy]

should i include this in the AQ, or wait for the hearing date ?