jonnyk vs barclays

[jonnyk]

Hi,

 

New to this forum... and not totally sure what I'm doing.

 

I've gone through the process of requesting my previous 6 years' bank statements and received them through the post yesterday. I've worked out that I'm owed about £1750.

 

I'm not too sure which address I should be sending the next letter requesting reimbursement of these charges to - I sent my initial letter to my local branch but I'm pretty sure the next letter should be sent to the main office. Please could somebody give me the address details and is there any particular person/position the letter should be put for the attention of? Apologies if it's staring me in the face somewhere in the forum, I've tried browsing the FAQ section but can't seem to see it. But it has been a long day....

 

Thanks for your help, and good luck to all going through this process!

[Teach57]

Try this jonnyk

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

 

Hope that this link contains the info your looking for.

 

Good luck!

[jonnyk]

Just the ticket, thanks!

 

I'll update this thread with my progress....

[jonnyk]

Hi,

 

Having gone through the standard proceedings I am at the stage where I need to make a claim through the moneyclaim website. I should have done this a couple of weeks ago after Barclays failed to reply within my given timescale to my rejection of their settlement offer, but what with one thing or another, money was a bit tight and I needed to wait until the end of the month before I could make the claim. I have subsequently recevied charges during the month totalling around £90, for going over my authorised overdraft. This is not included in my original claim. Can I simply add these charges on when I process the claim on the moneyclaim website, or do I need to start the claim proceedings again by writing to barclays requesting payment of the new total?

 

If the latter is the case, then I don't think I'll bother as it is likely to add a few weeks to the time I can expect to receive settlement.

 

Any advice would be greatly appreciated.

 

Regards,

 

Jon

[livelylad]

Hi,

 

Having gone through the standard proceedings I am at the stage where I need to make a claim through the moneyclaim website. I should have done this a couple of weeks ago after Barclays failed to reply within my given timescale to my rejection of their settlement offer, but what with one thing or another, money was a bit tight and I needed to wait until the end of the month before I could make the claim. I have subsequently recevied charges during the month totalling around £90, for going over my authorised overdraft. This is not included in my original claim. Can I simply add these charges on when I process the claim on the moneyclaim website, or do I need to start the claim proceedings again by writing to barclays requesting payment of the new total?

 

If the latter is the case, then I don't think I'll bother as it is likely to add a few weeks to the time I can expect to receive settlement.

 

Any advice would be greatly appreciated.

 

Regards,

 

Jon

 

Yes just simply add them to the claim. Include them on another SOC to the court and bank.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

[dar£n]

Yes, add any new claims to the existing amount.

 

darn it, that Lively Lad beat me to it again :

[jonnyk]

Thanks a lot guys!

[jonnyk]

Hi guys,

 

I've processed my claim on the moneyclaim website, and I'm currently waiting for the 28 days to elapse from the date the claim was served.

I was just wondering if anybody had any tips or advice on how my claim could be accelerated?

Any help would be most appreciated.

 

Thanks,

 

Jon

[chorlton1]

Once you are into MCOL you just have to wait, I'm afraid - a phone call after you have a court date may work, but unlikely to change anything before then...

[jonnyk]

Hi guys,

 

I've processed my claim on the MCOL website, which Barclays acknowledged and marked their intention to defend the claim. This was over 2 weeks ago, with just over a week remaining before the 28 days will have elapsed when I should win my claim by default.

 

Just wondering how optimistic I should be that I won't hear anything within the 28 days deadline, thus winning(?!), or is it likely that Barclays will wait until the very last minute before submitting their defence and a court date is set?

 

Any advice from those with experience would be most appreciated.

 

Thanks very much, and good luck to all of those who are going through this claims process.

 

Jon

[saintly_1]

Barclays take the full 28days in most cases and sometimes over that i would wait a couple of days after the date they need to defend

[vincymum]

Dear jonnyk. Barclays seem to file in the 9th hour, and then sometimes beyond the deadlines set without too much difficulty.

I filed via the court. From what I've been reading in many threads is that Barclays will employ any tatic inorderto string out the process and discourage you. I for one am starting to gather all the information I am likely to need now. ie court bundle preparation ...copy terms and conditions etc. i would strongly suggest you do the same. Don't expect them not to defend. Start preparing for the next stage, and don't give up the fight.

 

Good luck to you too mate. Remember we are in the right. Thousands of past claimants cannot be that wrong!

[jonnyk]

Cheers for the advice, sounds like I should be expecting some kind of response in the next week or so then and yes, I will begin preparing for the next stage of the fight..!

 

Can I just have some reassurance that I don't need to do anything more yet - on the MCOL website my claim status is Acknowledged(07/05/2007) ,at the moment I'm waiting to hear from Barclays.

 

That is all I can do just now isn't it??

[saintly_1]

you could send an updated S.O.C to B's with a covering letter

[jonnyk]

cheers

 

is there any sort of template for a letter at this stage of the claim?

 

incidentally, I've incurred an additional £90 worth of charges this month, after I submmited the claim on MCOL and so not included. What's the best way to claim this back? Is it a case of starting a new claim from scratch (there are likely to be similar charges each month until I get the money from this claim).

[why!!!!!!]

send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours faithfully

 

re:- extra charges. an ammendment to your claim now would cost £35 which is irrecoverable. When it comes to settlement ask if they will add them on to your total if not start a new claim. Thats what ive got to do soon!

claire

[jonnyk]

Thanks Claire,

 

I'll get the ball rollling with that, something to do over the bank holiday weekend, hey!

 

Thanks to everyone else for their advice.

 

Jon

[jonnyk]

Hi guys,

 

My claim is going through the MCOL process and I'm just after a bit of advice please. Details are below:

 

Claim issued 1/5/07

Deemed to be served 6/5/07

Acknowledged 9/5/07

 

By my reckoning, Barclays should have defended the case by 3/6/07, 28 days after it was served. It is now 5/6/07 but the claim status on the MCOL website is still saying acknowledged.

 

How much longer do I give them to defend, or when can I apply for judgement by default? Or should I really not be getting my hopes up just yet....??

 

Any advice would be greatly appreciated.

 

Thanks,

 

Jon

[jonnyk]

Oh yeah, when I try to request a judgement by default on-line I get the message

 

'At this moment you are allowed to request a Judgment by Default.'

 

But I'm a bit nervous about going any further down this route - I've not read of another claimant who has managed to win by default in this way

[saintly_1]

They might of submitted their defence but wcol not have been updated ... they can sometimes be slow to do this and take a couple of days

[jonnyk]

I ended up trying to process the judgement by default bit on the website. Everything went through ok, but I've just checked back on my claim status and, yes, surprise surprise, barclays have now submitted a defence at the last possible minute.

 

So I take it that I will now receive written confirmation of this, and also get issued with a court date?

 

Which brings me to another question - looking at some of the other comments on this website it appears that Barclays' litigation team are surprisingly pleasant to deal with. When I get a court date, I'm getting the impression that I should be able to settle out of court if I contact the person who is dealing with my claim?

 

What would be the best way to go about this?

 

And how long should I leave it before the court date/from when I receive confirmation before I try contacting the litigation team??

 

Here's hoping that it's not too much longer before I get my money back....

 

Oh, and one last question - I've incurred about an extra £90 of charges since I processed my claim on MCOL. What would be the best way to add this to my claim?

 

Thanks for any help that can be offered.

 

Jon

[saintly_1]

I ended up trying to process the judgement by default bit on the website. Everything went through ok, but I've just checked back on my claim status and, yes, surprise surprise, barclays have now submitted a defence at the last possible minute.

I thought that they might have

So I take it that I will now receive written confirmation of this, and also get issued with a court date?

 

you will get a notice of transfer ... the court date will follow depends how busy your local court is

Which brings me to another question - looking at some of the other comments on this website it appears that Barclays' litigation team are surprisingly pleasant to deal with. When I get a court date, I'm getting the impression that I should be able to settle out of court if I contact the person who is dealing with my claim?

 

Yes phone the litigation team and they will settle

 

What would be the best way to go about this?

 

Phone one of the contact numbers here http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

And how long should I leave it before the court date/from when I receive confirmation before I try contacting the litigation team??

About 4 weeks before your court date altho some have contacted earlier and been lucky others have phoned and been told 'yes we will settle before court but we are dealing with the more urgent claims'

 

Here's hoping that it's not too much longer before I get my money back....

 

Oh, and one last question - I've incurred about an extra £90 of charges since I processed my claim on MCOL. What would be the best way to add this to my claim?

 

Ask when your in settlement discussions

Thanks for any help that can be offered.

 

Jon

 

Hope this helps

Saint

[jonnyk]

Saint - that's great, if only Barclays were that efficient...!!

[jonnyk]

Hi guys,

 

I've just got a court date of 28 September and was trawling through these pages to get a feel for what to expect.

 

I noticed that some people were claiming 27.5% instead of the statutory 8% interest. What element of risk would be involved in doing this? I'd hate to have my claim thrown out because of an unrealistic interest claim, but if there is no additional risk in claiming at the higher rate, the difference would be worth about an extra £1000 in my pocket. Which is VERY appealing!!

 

Also, since orignally processing my claim on the MCOL website, I have incurred about an extra £300 of charges - should I just add these on to my schedule of charges I return with my court bundle?

 

One last thing - my court hearing is stated as a preliminary hearing, but there is a discalimer at the bottom of the letter that says the judge may decide that this is a final hearing. Is that normal?

 

I'd be grateful for any feedback.

 

Thanks,

 

Jon

[Trucker]

Hi jonnyk

 

The only way you can change your claim at this point is by filling in form N244, this will cost you £35 and is not recoverable. You may, however, be able to negotiate the extra £300 when barclays decide to settle. Have you contacted the litigation team yet? Failing this you would have to start a new claim but would of course be able to recover all your outlay.

 

With regard to CCI (compound Contractual Interest) at 27.5% a precedent and been set so you would not have any real chance of claiming it. See below

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=contractual+precedent+lost