Barclays taking me to court when I was about to take them, Help!

[libellule]

I dont really know where to start. I have been with Barclays since a young teen, I am now 36. I began to get in to difficulties when I started to become self employed and also opened a business account. All ok till money just wasnt coming in etc etc. Ok Last year things were getting so bad that as from January I kept calling them to work out a way of getting out of the 'pay in money' 'Pay more charges' be more in debt thing. It was a cycle I wanted out of. They wrote me and charged me £30 a day. The letters that say, call if youre having difficulty etc, which I did every month till eventually it snowballed and I had to let them do their thing and close the accounts. Which I wanted anyway to stop the charges and sort out a payment plan. Ok so it went to Barclays dept and refused to let me pay less than £75 a month which when you arent earning is a palm sweating, sleep deprivating thing, but struggled and did so. I heard about reclaiming bank charges and knew Id had alot. Sent off the Data Protection letter awaiting my statements on 23rd march. I waited and waited then on 24th May (last week) they arrived. apx 20 days after they should have. I totted up the amount and it came to £2440. So I was ready to get the court thing rolling. On 25th (friday) I received a court Claim form to fill in from Barclays. Im really cheesed off with myself for not keeping up the payments It was ok till the last two months. I know, but really it was feed me and my son or not pay. I was going to pay them the arrears this week! So Idont know what to do! I only have a few days to get myself in order, I dont know if a couterclaim would get looked at. I need help! Please!

[Bookworm]

How much do you owe them?

[libellule]

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

[Oh Boy!]

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

Yes quite interesting that,

 

do you own your own home?

 

are you in rented accommodation if so is it multi occupation ie is it flat A, B ,C etc.

 

if the answers are No and Yes then PM:idea:

[libellule]

We part own 35%. part rent part mortgage from housing association.

[Bookworm]

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

 

Ok, well, you have to respond to their claim, so what I would suggest would be to pay the difference between what you owe them and what they owe you ASAP (since you seem to say that you are in a position to do so), and counterclaim for the rest. This way, you won't end up with a CCJ.

 

The interesting thing about this is that as they are claiming against you, the burden of proving that you owe them the money falls on them.

 

Oh, and regarding previous poster's comment: We strongly discourage people to discuss their claims by PM. Writing on open forum means that bad advice and mistakes can be picked up on easily, which can not happen in PMs.

[libellule]

Thankyou for your time, and advice. I could have only paid the two months payments I was in arrears thats what I meant . I would love to be able to afford the difference to avoid this..

[libellule]

What can I do now? Do I still counterclaim, can I? If? what? but? Oh dear..

[libellule]

Oh dear am I totally lost then? I need any advice I can get, many thanks

[Bookworm]

Ok, as I said, you will need to respond anyway.

 

You will have to go for the "I admit part of the claim" response then, and take it from there, with the charges amount being disputed.

[libellule]

Ok its been a while, I reponded and filed a defense. Nothing , then nothing, then nothing..Then last week I had a letter from the court saying theyd lost my defense! Luckily I had another copy and sent it off. But I am frustrated as I understand the timing is out now regarding my chances. If they had my defense it would have been sorted out in may/early june. Its now September, I have 10 days to pay the court, which I will. Nervous that all the gen I quoted from the site regarding unfair charges etc etc wont be enough now. Any advice would be appreciated now Im back for some more help. My husband is in Iraq and Im on my own with my young son now.

[libellule]

Please see the above thread for the old news.I started a thread ages ago, then this..., I reponded and filed a defense. Nothing , then nothing, then nothing..Then last week I had a letter from the court saying theyd lost my defense! Luckily I had another copy and sent it off. But I am frustrated as I understand the timing is out now regarding my chances. If they had my defense it would have been sorted out in may/early june. Its now September, I have 10 days to pay the court, which I will. Nervous that all the gen I quoted from the site regarding unfair charges etc etc wont be enough now. Any advice would be appreciated now Im back for some more help. My husband is in Iraq and Im on my own with my young son now. Do you think Barclays will turn up, what do you reckon will happen? Do you think I will get a ccj, I dont know enough. Thanks for any response!

[freakyleaky]

Hi Lib. Can you start a thread in the Barclays Bank forum and explain in detail what you have done so far. You will get plenty of help and advice in that forum.

Good luck!

[libellule]

re: Barclays Taking me to court when I was going to take them

Please see the above thread for the old news.I started a thread ages ago, then this..., I reponded and filed a defense. Nothing , then nothing, then nothing..Then last week I had a letter from the court saying theyd lost my defense! Luckily I had another copy and sent it off. But I am frustrated as I understand the timing is out now regarding my chances. If they had my defense it would have been sorted out in may/early june. Its now September, I have 10 days to pay the court, which I will. Nervous that all the gen I quoted from the site regarding unfair charges etc etc wont be enough now. Any advice would be appreciated now Im back for some more help. My husband is in Iraq and Im on my own with my young son now. Do you think Barclays will turn up, what do you reckon will happen? Do you think I will get a ccj, I dont know enough. Thanks for any response!

[libellule]

This was last week, now I have paid the court, and await. Anyone have anything similar happen? What was the outcome?

[libellule]

I dont really know where to start. I have been with Barclays since a young teen, I am now 36. I began to get in to difficulties when I started to become self employed and also opened a business account. All ok till money just wasnt coming in etc etc. Ok Last year things were getting so bad that as from January I kept calling them to work out a way of getting out of the 'pay in money' 'Pay more charges' be more in debt thing. It was a cycle I wanted out of. They wrote me and charged me £30 a day. The letters that say, call if youre having difficulty etc, which I did every month till eventually it snowballed and I had to let them do their thing and close the accounts. Which I wanted anyway to stop the charges and sort out a payment plan. Ok so it went to Barclays dept and refused to let me pay less than £75 a month which when you arent earning is a palm sweating, sleep deprivating thing, but struggled and did so. I heard about reclaiming bank charges and knew Id had alot. Sent off the Data Protection letter awaiting my statements on 23rd march. I waited and waited then on 24th May (last week) they arrived. apx 20 days after they should have. I totted up the amount and it came to £2440. So I was ready to get the court thing rolling. On 25th (friday) I received a court Claim form to fill in from Barclays. Im really cheesed off with myself for not keeping up the payments It was ok till the last two months. I know, but really it was feed me and my son or not pay. I was going to pay them the arrears this week! So Idont know what to do! I only have a few days to get myself in order, I dont know if a couterclaim would get looked at. I need help! Please!

 

 

 

 

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

 

 

How much do you owe them?

 

 

Re: Barclays taking me to court when I was about to take them, Help!

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

 

 

 

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

Quote:

Originally Posted by libellule [/url]

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

 

Yes quite interesting that,

 

do you own your own home?

 

are you in rented accommodation if so is it multi occupation ie is it flat A, B ,C etc.

 

Re: Barclays taking me to court when I was about to take them, Help!

We part own 35%. part rent part mortgage from housing association.

 

 

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

Quote:

Originally Posted by libellule

Hi thanks for looking, I owe £3967.25 but with court fees £4077. I havent taken into account any interest from my £2440 worked out from the statements. Got a nervous pang in my stomach at the mo.

 

Ok, well, you have to respond to their claim, so what I would suggest would be to pay the difference between what you owe them and what they owe you ASAP (since you seem to say that you are in a position to do so), and counterclaim for the rest. This way, you won't end up with a CCJ.

 

The interesting thing about this is that as they are claiming against you, the burden of proving that you owe them the money falls on them.

 

Oh, and regarding previous poster's comment: We strongly discourage people to discuss their claims by PM. Writing on open forum means that bad advice and mistakes can be picked up on easily, which can not happen in PMs.

 

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

Thankyou for your time, and advice. I could have only paid the two months payments I was in arrears thats what I meant . I would love to be able to afford the difference to avoid this..

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

What can I do now? Do I still counterclaim, can I? If? what? but? Oh dear..

 

Re: Barclays taking me to court when I was about to take them, Help!

Oh dear am I totally lost then? I need any advice I can get, many thanks

 

 

 

 

Re: Barclays taking me to court when I was about to take them, Help!

Ok, as I said, you will need to respond anyway.

 

You will have to go for the "I admit part of the claim" response then, and take it from there, with the charges amount being disputed.

 

 

 

 

 

 

 

 

[Bookworm]

3 threads merged, please stay on 1 thread per claim, it makes things easier to follow for everyone.

[Bookworm]

What do you mean, you have 10 days to pay the court? Pay them what? :-?

 

Your threads are very confusing, so can you lay out here exactly how much the claim is for in total, how much of it is charges, and what your defence is? did you pay any of the arrears off in the end?

[libellule]

Hi again, I was trying to get all my stuff including old thread onto this one, hence the blurb above.

I had a letter from the court after re-sending the lost defence, Im counterclaiming the rest. Basicly I wrote to barclays asking for my 6yr statements using the data protection act, they arrived 2 weeks late, and the next day I had a court paper stating all and that they were taking me to court etc. I filed a response & counterclaim and defence, which the court wrote back two weeks ago saying they had been lost and to resend, so oI did then got the letter saying I had to pay the court £120 fee, which I have done last week.

I owe £3967.25 but with the banks court fees £4077.

 

I am admitting the 1527.25 and counterclaiming the 2440 charges. I havent taken into account any interest from my £2440 worked out from the statements which comes in at over £3000

 

I am not including the other business account they sc..rewed me over with either.

 

Worried They'll ccj me. will they turn up, anyone else had anything similar happen? Afraid im in the poo here, all alone.

[libellule]

I didnt pay any more arrears off, this has beeen left hanging. since may.

[noomill060]

Hi- have you worked out how much interest was levied on your charges?

 

I would bet my boots that it exceeds the total Barclays claim you owe them.

 

If you want a hand to work out the interest just shout.

[noomill060]

And as for the court fees they claim- if the debt was entirely made up of fake, unlawful and unenforcable debt to start with, it looks like they have paid a lot of court fees for nothing!

[noomill060]

Listen, you can still beat them, you need to get this sorted and find out how much of the debt is made up of charges + interest on those charges.

[noomill060]

Shout if you need a hand.

[Bookworm]

Indeed.

 

Worse case scenario, use the OFT v Banks test case and YOU request a stay. Well, if it works for them, why not for us on occasions?

 

Thanks, noomill, can I leave you to keep on eye on Libellule here? I'm going to have to go out very soon.