Barclays 'Judgement by Default' ***WON POST_OFT***

[dar£n]

oft statement

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

 

early day

EDMDetails

[Matrah]

Here we go guy's Court Date 1st August 2007.

Any more tips or pieces of advice, when should i make the call to see if they want to settle?

Maybe they won't now in lieu of the Lloyds ruling!

[Matrah]

Forgot to mention it's in Torquay if anyone else is there it would be great to touch base with you..

[slick132]

I'll be watching here to see how it goes and good luck.

[JRD218]

I too filed online for judgement after their time was up , however the next day MCOL status showed B's defence as filed on the 27th day so it must take a day or two to update . Hope that makes sense .

[dar£n]

MAtrah,

 

You could contact them now to settle but i feel you will be put off until July.

 

But the ways things have been going you might just strike lucky.

[Matrah]

Cheers Dar£n, I guess if i leave it till July it gives them less mess around time, I was getting a bit concerned as to whether they may actually start attending court to try their luck in view of the Lloyds case.

[dar£n]

The Lloyds case was a fluke more than anything.

 

The defendant didnt show for the hearing!

why????

 

Cos even they didnt think theyd win.

 

what does that tell you.

 

Also, what happens in the Small Claims court does NOT set a presedence for other cases.

 

You will be fine

[Matrah]

Just a quick update, still waiting to go to court on 1st August.

 

Problem we're having is that RMA a DCA have been giving us loads of hassle for months now, about this account.

I spoke to them about six weeks ago and gave them the court ref no and date and re-iterated that this account was in dispute (as i've told them a hundred times before).

Today we got a letter from a solicitors 'colemans-ctts' with an address, no phone no or co number threatening court proceedings. Are they totally stupid? The only number on the letter was to RMA funny enough!

Going against the grain i gave them a call again (much to my blood pressures disgust), any way i clarified it all yet again to an 'operations manager' who said he would contact Birklays, to confirm,(why didn't they do that six weeks ago),

Anyway to cut a long story short, when we first requested a refund of charges to the value of £667.85 the a/c balance was £567.02 o/d and a/c closed, with all the extra fees and dca charges the alleged debt is now £717.34. Obviously there is now also £80 court cost on that!

What i need clarifying is this:

 

1. I know I need to phone Birclays to attempt a settlement, what the hell do I say or ask for now? and how do i ask for it?

 

2. With RMA claiming this as a seperate issue and bearing in mind we have spoken to RMA all along about this dispute and asked them to wait until the court case had been dealt with, can i request the settlement comes directly to us and then negotiate terms with RMA? We have higher priority debts that need sorting thats all. (Birclays have had all this time and opportunity to settle this balance).

 

3. Is it worth me sending RMA a SAR, to obtain all correspondence that has passed (verbal and written) to use in our court bundle to show we have kept them informed at all times, but been subjected to this in-tolerable pressure and harrasment.

 

and finally, Is it worth me doing a CCA to RMA to see what they come up with.

 

Lot's of stuff i know but i'm getting a bit lost now, and i'm not sure my ticker can take a great deal more, plus i desperatly need to get it right, thanks in advance everyone.

 

M&S (not the big shop)!

[Matrah]

Almost forgot! Being as it may go all the way to court, how do i adjust all the figures to include the unlawful increases that the dca's have applied thanks to Birclays not resolving this when first asked?

 

Cheers

x

[saintly_1]

Matrah have you contacted B's Litigation team re a settlement ?

 

Have a read here theres several contact details on this thread

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[Matrah]

Hi Saintly,

I want to do that next, but really don't know what to say or how to put it with all the extras that have been added!

 

Need to know what to do with RMA as well.

[saintly_1]

Not a clue with RMA have never had dealings with anything like that ...... however the new charges i would ask the person dealing with your claim to add them into the settlement figure

 

If you dont feel like you speak to them try emailing them ... send them an email saying you have a court date ... include the date and claim no and ask who is dealing with your claim ... i would approach Dino as he seemsto be the one that replies quickest

[Matrah]

I'll work out all the figures and give them a call on Moday, just read the lit team link, very encouraging, thanks for that.

Think i'll try and get settlement sorted out then hit RMA with a CCA.

[Matrah]

Just a quick one before i call the lit team, the amount i have claimed against Barclays has now gone up over £900 all because of charges applied by their dca RMA, ( and further interest) what do i say to barclays, can i ask for all of it back or say i'll go to court and ask the judge to order it all back if they don't give it to me.

My original request was for £667.85.

Please help me with what to say, my court date is in just over 3 weeks!!!!

[Matrah]

UPDATE!!!

 

Just about to send off the court bundles, ran over by a couple of days,

 

e-mailed Dino to ask if he could advise me as to who was dealing with my case. He responded quickly saying it was him.

 

I've sinced e-mailed him with the letter that states i understand the expense of all the costs to both parties and would therefore settle prior to going to trial if he settled claim with interest to date, (haven't heard a dickie bird off him since),

 

Court date is on the 1st August down here in Torquay, getting a bit nervous now, just like to check that the standard court bundle along with the OFT statement and Early Day Motion are all that is needed, or do i need to submit a statement of evidence as well.

 

Heart is racing like a good'un now, just hope it holds out till the 1st,

the other half is just about to have a c........,wait a minute i think i can here some mooing coming from the lounge, any help in these final days would be great, cheers everyone.

[Matrah]

Also in the correspondence section of the bundle, do i enclose all the threatening letters by the dca that barclays have appointed?

Cheers

 

Sweat is starting to drip off the end of my fingers now!

[Matrah]

Has anyone put a copy of the Whistleblower DVD in with the court Bundle?If so any guidance as to where to get it please?

Also if i put it in do i document it on the front page?

Thanks again!!

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html statement of evidence .. post 34 on this thread

 

Dino is off until the 23rd

 

 

Dont think anyone has put the dvd of whistleblowers in their bundle

There is a transcript somewhere will try and find it

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/show-post/post-701354.html

[Matrah]

Cheers saintly,

I've just e-mailed him and got an out of office reply directing me to one of his colleagues, i've just asked him whether it would be better for me to send his bundle to Cust Rel's or directly to the lit team, i've also reminded him that we only have a matter of days till the hearing, i guess i may end up in court after all

 

Also do i have to put T&C's in there too?

 

I can't find any for 1994?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html if all else fails just use the nearest T&C's

[Matrah]

Cheers, you really do live up to your name saintly x

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html statement of evidence .. post 34 on this thread

 

 

I assume that i do have to put statement of evidence in as well, does this go in the bundle or do i produce it on the day?

[saintly_1]

in the bundle ... have a look at this http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies i bookmarked it for myself when i came across it .. thought it was aptly named for me ;-)

[Matrah]

That's it court bundle has now been dropped off at Torquay County, Let's wait and see what happens next.

Bearing in mind there are exactly fourteen days till The court date and Dino is away until the 23rd July, i guess i will actually end up in court! How frightening!!!

I've e-mailed Dino's counterpart and he is aware that there are only 14 days left.

Has anyone come face to face with them in court yet???

 

I really have got the shakes now, but i will see it through.

I've done all this for my OH and will have to do the talking in Court, i trust there will not be a problem with me doing that?

Any advice from this point will really help me guys.

Cheers

 

x