Barclays OD charge Claim Help - Advice Needed ** WON **

[lushni]

Hi Guy's

 

hope your all well, I need some advice please. I am in the process of trying to claim charges back from Barclays (wish I had found this site first) I have written to Barclays asking for my charges back, I have so far sent them the letter from moneysavingexpert along with my charges unfortunately I didn't highlight them I type them again (date and the amount). I have since had a response from Barclays saying they are sorry I'm not happy wih their services and they will look into my complaint and get back soon. What I need to know is, should I send them highlighted statements or should what I have already sent be enough. Sorry if this is long winded but this is my first experiance of writing any threads or post. Many Thanks in advance,

Lushni.

[saintly_1]

First let me say welcome ....

Then instead of sending statements fill in a spread sheet from here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

it automatically works out the interest

Just put the details of each charge ..... dont delete anything on the spreadsheet just type your details over whats already there.

Did you give B's a deadline ie 14 days in your letter ?

If so once that is up send them http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

Open the letter with : I am very disappointed that you have failed to respond positivly to my letter of the [XXDATEXX].

attatch a print out of your list of charges hiding the last 2 columns (these are only needed when you file for court action.

 

Hope this has helped

Saint

[lushni]

Once again thanks very much Saintly 1!

[lushni]

Hi guy's, hope you can help again. i have sent Barclays a LBA ten days ago. So at the end of the week, I guess I need to go down to my local court in Northampton. Do I go to the main court or is there a separate small claims court. When I get there what do I ask for and do I pay my fees there and then. Many Thanks in advance, Lushni.

[MoneyKing]

you may also consider using money claim online, if it just a standard claim, ie you are not trying to claim cci (compund contractual interest) - this is different to the 8% you will be adding on filing your claim so dont confuse the two. The 8% is relatively easy and you wil have no probs in usng moneyclaim, it will end up being transferred to your local court anyway, but for me it is less hassle and you automatically have a record of things

[lushni]

Thanks Moneyking, only problem is I no longer have a debit card so can't pay any fees online.

[Trucker]

Lushni

 

You maybe better going to local court anyway. MCOL system seems to be getting clogged up at moment.

 

You need to take with you form N1 and the relevant court fee. The amount depends on how much you are claiming.

 

You can download for N1 from the library section on here, together with a template for what you need to fill in on it. Obviously you need to adjust this to your own particular needs. Also you need to take an up to date schedule of charges.

 

Does this need to be in triplicate anyone? sorry having a mental block!!

[lushni]

Thanks, Trucker.

[Trucker]

Link to what you need to put on form

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

there is a link to the N1 form in the above thread

[saintly_1]

yes make 3 copies of the N1 ... one for the court, one for the defendant and one for yourself

[tonycee]

Hi lushni....I cant tell you the satisfaction i got from taking my claim in to my local court..... :) BIG cheshire cat grin..... :)

Done everything thru link above and then printed it out,,do print enough copies though as it wont let you save to file....

Go get em.....

[lushni]

thank you all for your support good to know I have great advice on hand!

[lushni]

Hi guy's back again for more advice please. I was working away last week so could not get my N1 to my local court(will do this tomorrow) having read more post in the mean time am I right in thinking that I can add to the N1 claim form any extra charges that have been added by Barclay's since I first asked the them for my charges back (over my overdraft limit so getting charged $105 every month). Thanks in advance Lushni.

[saintly_1]

yes you can add any new charges upto filing at court

[lushni]

Hi guy's just about to leave to file claim in court. One more question if I may , do I just take N1 form and SOC, if so do I also give them the banks copy or do I send that to them direct. Once again thanks in advance. Saintly thanks for your last reply.

[welshcakes]

Hi lushni

 

Take all 3 copies (of everything) down - the court will retain them all then distribute to 1 copy to the bank and send you back your 1 copy with a court seal stamp on it.

[lushni]

Many Thanks, Welshcakes:)

[lushni]

At last got an offer from Barclay's! Asked for just under £5000 and got offered £3000. This will not cover my overdraft (£3500) therefore I dont wish to take their offer what are my options. Once again thanks in advance.

[Trucker]

Assuming you did eventually file your N1 then i would continue with the court action. Send B's a rejection letter

 

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

[lushni]

Many thanks Trucker! Guy's need some more advice, callled the court today as B's had until the 14th to file acknowledgement of service, the nice lady at the courts said B's have not done this and I need to request Judgment. First question I have, is this good news? The second question what happens next or what should I do next? Again thanks in advance.

[slick132]

Hi Lushni,

 

B's have reputation for d/w cases close to or even after the deadlines and the Courts let them do it. Do nothing just now and see if they Acknowledge late and then Defend by 28th July.

 

They will usually Defend so it's too early to get excited, but keep us posted.

 

Slick

[saintly_1]

It all depends on whether Barclays submit a late acknowledgement and have it accepted by the court ..... in which case the case will continue on the same path ..... OR Barclays ask for a set aside which could delay your claim .... OR once you get the judgement by default Barclays will have to pay you . they will proberbly ask you to apply for a set aside of the judgement so that they dont have a ccj against them

[lushni]

Many Thanks to you both, just got back from court and B's still not acknowledge so asked for default judgement nice lady on the couter said letter should go out to myself and B's in the next day or so. She also said that it would be deemed served on Monday and B's will have two weeks to pay up or I can request for warrant of execution. Does this mean that I have won or can B's still delay.

[saintly_1]

Technically at the moment its a win ...... it now depends on Barclays responce to the judgement when they receive it

[lushni]

Cheers Saintly, sorry another question what are Barclays options (or what can they get away with)?