Joe1965 v Barclays**WON**

[joe1965]

I'm up to stage where I am about to start the claim through the courts.

All the letters have been sent at the correct stages and they have now gone past the LBA stage with one letter telling me theres no charges on my account even though they all show on the statements they gave me!

Is there anyone who can help me through this next stage as after the Lloyds win I'm a bit worried that I may just make that small mistake which would give them the oppitunity to have it thrown out.

The amount owed is £269.00 which DCA's have been hounding me for but I refuse to pay as it's all charges.

So I want that back so it will clear the account and the default taken off my credit report.

[CAZKATJOE]

Hi Joe, Right you need to decide if you want to do an MCOL or N1 claim, read up on both and make your decision, MCOL is quicker but you can give less information. I used MCOL and had no problems, i have just settled my claim.

So i would advise you do this first and then once you have decide which one to use come back and someone will take you through every step of the way.

Caz

[joe1965]

Right Caz

It will have to be a claim through N1 as I will be exempt from the charges and I will need to be able to put more information in to help with my claim.

[vincymum]

Right Caz

It will have to be a claim through N1 as I will be exempt from the charges and I will need to be able to put more information in to help with my claim.

 

 

You will need to fill in form EX160 that you can get from the court, and also,some proof that you are currently receiving the benefits that you tick on the form. You should try to get a letter from your local jobcentre to support your EX160. They have a kind of proforma for this which they date and officially stamp. I was told at my local jobcentre that in future a request for a letter giving proof on benefit would be sent out from some processing centre (Cantabury in my case) so be aware it might take a bit of time to get it. I hope it won't be like that in your case. You need to hand in the proof and the completed EX160 at the same time or they will not accept your EX160, and henceyour N1 with your schedule of charges.

Hope this helps.

[joe1965]

A few questions.

On the N1 form do start the 8% from the date of the first charge they give you?

And what's the daily interest rate?

Also I want to make them take the default off as it's all from charges - whats the proper wording to use on the form?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html have a look here joe

[joe1965]

Only problem I have now is that I can't get all the claim on the second page to fit.

Is there anywhere to download extra blank pages for use with the N1 form?

[dar£n]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

just use another and put Page 2 continued.

[joe1965]

N1 now at my County Court ready to be served in the next two days.

I found that the clerks there are very friendly and very willing to help. Just got to sit back and wait for the sixteen days to pass now.

[joe1965]

Got a letter from Barclays today.

They start off with the normal rubbish that they disagree and go on about their terms and conditions etc.

Then they make an offer of £150 but taking off £112.68 for money they are owed (all charges), and they will lodge a notice of satisfaction with the credit referance agencies.

I claimed for £290 made up of charges and interest and for them to totaly remove the default from my credit records.

I don't want to accept the offer as it's only just over half of what they owe me and I want my credit report repaired with the default taken off.

Do I have to reply to them or the court, or do I write to Barclays and refuse it and inform the court?

Any help would be welcome.

The funny thing is they have given me eight weeks or they will consider the matter closed, but I had the impression that I was taking them to court.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[joe1965]

Barclays got their defence in too late and after the normal waiting time, today I have issued a warrant of execution for the bailiffs to go in and get the money.

What hope have I got of them just paying up or will they use their OFT test case to get it stopped? And if they do is there anything I can do about it?

[saintly_1]

If you have a judgment against them then the only thing that they can do is to ask for it to be set aside they can not stay the case as they have technically lost

[joe1965]

Bailiffs went in and got my money .

Would have loved to be there when they went in .

£296 back and I just have to sort out the defaults they put on my credit rating.

[slick132]

Joe,

 

Glad to hear they've (eventually) coughed up.

 

Well done and congratulations. I'll leave the pictures to the experts!

 

Slick

[livelylad]

Congratulations.

[tonycee]

Bailiffs went in and got my money .

Would have loved to be there when they went in ..

 

And so say all of us....