Hedgerow v Barclays **WON**

[Hedgerow]

Hello to all of you claiming from Barclays,

 

I sent off a LBA on the 9th March requesting for bank charges to be refunded but had not included the summary of charges. Barclays replied saying that they would be looking into my request and repling no later than the 10th April.

 

I then sent them another LBA on the 20th March (CAG version) including the summary of charges, stating that if they had not responded within 7 days I will start a claim against them.

 

Should I wait to give Barclays a chance to reply or make an offer, or should I send the claim off to the court anyway.

 

My deadline for Barclays to reply to me is the 29th March which is Thursday this week.

 

Any help or advice will be gratefully appreciated

 

Thanks, Hedgerow:)

Lastly, is there a template to send a Consumer Credit Act 1974 complaint to the OFT?

[dar£n]

Hi Hedgy,

Right, the thing to remember ALL THE WAY through this procedure is...

 

YOURE IN CHARGE HERE - NOT THEM!

 

That means they are governed by YOUR deadlines, they will stall as much as possible, a lot of the time you wont even get a reply,

 

As long as you go by the timescales as advised on here you will do just fine..

 

 

cmon say it..

"I'm in charge!"

[Hedgerow]

Cheers dar3n,

I thought this would be the case. My claim is going in the post on the 29th as planned

 

I'm in CHARGE!!!

[Hedgerow]

Hi all, hope you are well.

 

I am in the process of waiting for Barclays to either acknowledge or defend the claim I have submitted. Their deadline is up this Friday the 13th April incidentally.

 

When I prepared the summary of charges I calculated the interest for each charge based upon the statutory 8% thinking that this was in fact the contractual interest I was working out.

 

After doing this I also found a section in the forum which says 'If you are not claiming contractual interest the banks will know that you do not know what you are doing and it is unlikely that you will get your money back.'

 

Is it too late to do anything about this or will I just have to wait for the bank to acknowledge the claim to see what the outcome is first?

 

Any help or advice on this will be greatly appreciated.

 

Many Thanks

 

Hedgerow:???:

[Ropey]

After doing this I also found a section in the forum which says 'If you are not claiming contractual interest the banks will know that you do not know what you are doing and it is unlikely that you will get your money back.'

 

Where did you get this from? You will get your money back.

 

The banks are swamped at the moment and seem to be imploding slightly. Have a read around at the terrible shambles they are becoming. Have no fear, when court proceedings are issued they will start acknowledging things.

[dodge89]

I have just completed my Request for repayment of charges, I have included the interest charged to date but according to the threads I am to wait until the court claim to calculate interest....... where can I find this elusive excel spreadsheet to calculate interest.

 

[AstrelLMC]

I have asked for the interest in my first letter! I thought I might as well. I used the calculator on this website:

 

Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

 

Not sure whether there is one of this website.

 

Its about half way down the page, just make sure you have the list of charges and dates in front of you when you go on it.

 

I'm assuming you will have to re-calculate the interest when you get a court date.

[Hedgerow]

Thanks Ropey,

 

I guess after reading so many threads, it can cause you to wonder which ones to believe as some of them do contradict one another. Ones own best judgement is probably best when it comes down to it.

 

BTW - There is a thread/post in one of the forums which talks about contractual interest & not getting your money back. It was posted by one of the Mods I think.

 

Have you had any success in reclaiming your bank charges Ropey?

 

Hedgerow;)

[Ropey]

I have, First five years from Barclay's (mistakenly believed that five years was the max in Scotland at the time) then Mint Credit card with contractual interest at 19%.

 

I'm currently waiting on Barclay's statements back to 1996 and my Barclaycard statements but they have decided to flout the DPA so it may take some time.

 

Stick to the plan and you will get your money back.

[Hedgerow]

Hello all,

 

I am right in the middle of my claim with Barclays. My claim was originally stamped by the court on the 29th March 2007. I then messed things up by not forwarding the papers onto Barclays to act as 'issued'

 

Anyway, I let the 28 days lapse before realising my mistake and then contacted the court. They then issued proceedings in the usual way and it was deemed to be served on the 26th April 07.

 

Barclays then have until the 10th May to acknowledge, and then until the 24th May to file a defence.

 

Well guess what?

 

Yep, NOTHING AT ALL.

 

NO ACKNOWLEDGEMENT & NO DEFENCE!!! UNBELIEVABLE!!

 

I have phoned the court to check - still nothing!

 

I have completed a request for judgement form and it is with the courts now, so I'm just waiting to hear from them.

 

Somebody told me a few days ago that the court or courts are having to deal with as many as 2000 claims per week, I presume that this is just for bank charges!

 

Has anyone else experienced this. Plenty of CAG 'ers have hoped this would happen to them.

 

Is this because so many poeple out there are now hitting the banks right where it hurts like they've been doing to us for so long. Especially as many other people have gone before us and won their cases.

 

 

Hedgerow8-)

 

Rest assured once all this is over I will be making a donation!

[dar£n]

You need to contact the court and tell them if no defence has been submitted that you want the judge to award you judgement by default and get things moving.

[Micky the Hippo]

what papers need to be forwarded to the bank?

 

I sent the N1 to the court and they send me back a form telling me that I could considered the summons served on the bank

 

no mention of sending things to the bank other than the bundle in the step by steps??

 

[PKea]

With reference to court backlog

I spoke to my court on Monday 11th and they were dealing with post from 3 weeks ago!!

So they are a bit overflowed at the moment, but time sensitive docs will take prioirty over enquiries

 

Paul

[lucy60]

I was going to ask the same question what papers? I only took in NI form and only got back form telling me when bank was served, no mention of forwarding on other papers.

[Hedgerow]

Thanks dar£n

 

When I last spoke to court staff they advised me to wait to hear from them via the post. I'll be honest, I'm actually fed up with waiting now as 50 days have lapsed without so much as a peep from Barclays.

 

I will call them tomorrow and ask for judgment in default.

 

Just to clear something up (I don't think I'm thick but, hey you never know) If Barclays had filed a defence, they would send their defence to my court and the court would then send the defence on to me right?

 

I assume that is what should happen, but as this is my first attempt at reclaiming any of my bank charges I can only go on what I have read.

 

I'll keep everyone up to date as more unfolds

 

Thanks once again

 

Hedgerow

[Hedgerow]

Hello all

 

Just an update on my claim against Barclays Bank Plc after they failed to defend the claim.

 

I received a letter today from their legal compliance department which reads as follows:

 

Dear Hedgerow

 

Your Claim Number xxxxxxx, Eastbourne County Court

 

I am writing to you in connection with the default judgement which has recently come to the attention of the banks litigation team.

 

I believe that you had issued a claim via the Northhampton County Court and in the absence of a defence, secured a default judgement on the 19 June 2007 for £xxxx.xx

 

Notwithstanding the fact that we had not filed a defence within the prescribed time, we are still entitled to make an application to Court for the default judgement to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore, propose to offer to settle your claim in full. However, I would be obliged if you will agree to:

 

1. The sum of £xxxx.xx is paid by us in full and final settlement of your claim entitled xxxxxxx

2. There be a voluntary Stay of Execution pending payment

3. That upon receiving payment you write to the Court stating that you have withdrawn you claim pursuant to a settlement between the parties

4. That you consent to the default judgement being set aside.

 

The sum of £xxxx.xx will be credited direct to your Barclays account; if you no longer have an account with Barclays then a cheque will be issued instead

 

I trust that you understand that we have reached this agreement to avoid the time involved in making an application to the Court to have the judgement set aside. It therefore does not imply any acceptance of liability on the part of the bank.

 

I enclose a draft Consent Order setting aside the Default Judgement. Please sign and return this to me and I will arrange for it to be filed at Court after your account has been credited or a cheque has been issued

 

I look forward to hearing from you

 

Yours Sincerely

 

Dino Papaevripides

Legal Assistant

 

 

 

After reading this some questions have come to mind, and, if anyone has any suggestions they will be appreciated greatly.

 

Firstly, if I accept their offer (which I intend to do) will I still have to pay the allocation fee to complete proceedings. Once this fee has been paid (if applicable) will I be able to reclaim this from Barclays, even if it means starting a new claim to recover this?

 

With regard to the voluntary stay of execution pending payment, does this mean that Barclays are going to apply for this so they can avoid any further costs on their behalf once the claim is settled.

 

Sorry if any of these questions seen dumb, but as this is my first attempt at reclaiming bank charges and not knowing what to expect by way of an outcome, I just want to be sure that I do things in the right order so I can reclaim everything I am entitled to.

 

 

Many Thanks

 

Hedgerow

[saintly_1]

if you accept then you wont need to pay anything more to the court

 

the set aside that is mentioned first is B's so that they can file the defence (which will hold up the settlement) they will be allowed this

 

The voluntary set asid is what the barclays want you to apply for so that they dont incurr a CCJ against them while the settlement is finalised

 

 

If your figures dont tally with what they are offering send an email with an updated SOC attatched to Dino

[dar£n]

hedgy,

Firstly, Saintly is, as usual spot on. Youve got to remember this is YOUR claim so any settlement is on YOUR terms NOT theirs.

If there is ANYTHING you are not happy with you INSTRUCT them to change it.

 

Secondly, I know its a bit late in the game on your thread...but in future can you try and keep to the original thread, you now have FOUR for Barclays.

[Hedgerow]

Thanks Saintly & dar£n

 

I thought that was the case. I will keep to just one thread from now on

 

Thanks once again

 

Hedgerow

[Hedgerow]

Hello all

 

Just an update to let you know I've WON!!! Finally!

 

Check arrived on Saturday morning (27th July)

Below are the details for moving to the Barclays successes forum

 

Hedgerow

Claim Number: 7EA00353

Total of Claim: £4024.89

£1550.91 to clear arrears on the account

£2473.98 cheque received

 

As soon as it is cleared I will be making a donation. (3rd August ish)

 

And finally, Thank you to all for your efforts in making this site what it is and providing all the vital information anyone making a claim can have at their fingertips.

 

Hedgerow

[welshcakes]

Congratulations Hedgerow

[Hedgerow]

Thanks Welshcakes

 

Have you had a win yet?

[welshcakes]

I've decided to apply for Strike Out of Defence on DPA breach. BLT have failed to respond to my final warning email sent last Wednesday so I've now updated my costs schedule.

 

It will be granted and will provide for a potential CCJ however I have no doubt Barclays will then settle my costs thus avoiding the Judgement being registered.

 

I've asked for my data in respect of 1997 - 2000 and as i suspect it won't be sent, on day 42 I will be filing a second DPA breach against Barclays again with associated costs of pursuance (approx £90 again).

[Hedgerow]

Just to let the site helpers and moderators know that I have made a donation to CAG. It should appear within a few days.

 

Thank you

 

Hedgerow

[livelylad]

Thread moved to success forum.