Mortgage charges

[mikesmotor]

Just Thought I'd post a note to let poeple know that I have just successfully got my mortgage charges back from Barclays/Woolwich and they paid up with no hassle (£330.00). I'm now going after them for my bank charges, lets hope its just as easy.

 

Mike

[mikesmotor]

During the time when Barclays were closing down the Woolwich as a high street back and transferring all accounts to Barclays, I claimed by charges back took out a county court summons and was awarded judgement, but, still no money. Any body got any ideas on how I should proceed.

 

I've written to Barclays head office but they conveniently claim not to know any thing about it.

 

Mike

[slick132]

Hi Mike,

 

When did you get Judgement on this and against whom.

 

What action have you taken so far to get paid.

[mikesmotor]

I was awarded judgement against Barclays Bank PLC on 25-10-2007. because of personal circumstances I nave not been able to persue the matter since then.

 

Mike

[slick132]

Hi Mike,

 

I'd make a photocopy of the Judgement and send it to Barclays Head Office complaints address which you'll find here - Barclays Personal Banking : How to complain. Leave out the FREEPOST bit and send it Recorded Delivery.

 

I'd suggest a letter as follows:-

 

Dear Sir or Madam,

 

County Court Judgement - Claim No xxxxxxxx

 

I enclose a copy of the Judgement dated 25th October 2007 made against Barclays PLC in respect of my claim for the refund of bank charges. Due to personal circumstaces, I was unable to pursue this at the time. However, there is no excuse for this amount remaining unpaid for so long.

 

You have failed to settle my claim and I am now considering what Enforcement Action to take to recover what you owe me.

 

Of course, in addition to the amount confirmed in the Judgement, s.69 Statutory Interest has been accruing at the rate of xx pence per day.

 

I therefore require payment in full within 14 days as follows:-

 

As per Judgement .............................................xxx.xx

s.69 int't for xxx days at a daily rate of xx pence .....xx.xx

 

Total now due ..................................................xxx.xx

 

This can be paid into my Barclays account no. xxxx xxxx at sort code xx-xx-xx. Alternatively you can send me a cheque in settlement.

 

If you wish to send me an email to save time, contact me at mikesmotors@blah.com . I will communicate in writing only and not by phone.

 

Yours faithfully,

 

Edit or adapt as you wish.

 

Also, read here:-

 

Judgement: How to Enforce

How to enforce a Judgement.

Judgement: How to get Paid

http://www.consumeractiongroup.co.uk...t-how-get.html

 

[mikesmotor]

Hi sorry about the delay but I did what you suggested but still no further ahead I get the immpression that Barclay's have filed this one in the bin. Any body got any suggestions.

 

Regards

Mike

[mikesmotor]

By the way.

 

Can anybody advise, what part, if any, of The Unfair terms and conditions in cotracts regulations (1999) does it say that a supplyer (or seller or whoever) cannot charge anymore than their out of pocket expenses.

 

Regards

 

Mike

[slick132]

Hi MM,

 

I'd try one last shot and write to:-

 

J S Varley Esq

Group Chief Executive

Barclays Bank PLC

One Churchill Place

London

E14 5HP

Dear Mr Varley,

FORMAL COMPLAINT

LETTER BEFORE ACTION

I regret having to trouble you in this matter.

I enclose a copy of my letter dated xx March which was sent by Recorded Delivery and signed for on xx March.

To date, I have not even had the courtesy of an acknowledgement, let alone a reply.

I hope you can arrange for the necessary cheque to be issued to me promptly to resolve this matter, failing which I shall have no alternative but to bring this to the attention of the media.

Please acknowledge this letter by return of post and confirm how and when this will be dealt with.

Yours sincerely,

Recorded Delivery again - if this doesn't work, I'm gonna pack up and go home.

[mikesmotor]

I've had a claim against Barclays stayed in my local county court. As a result of the OFT's recent case what should I do now?

 

Also can anybody suggest what I should do about complaining against what I beleive to be incompetence by the court in handling my original claim.

 

Regards

 

Mike

[Michael Browne]

I've had a claim against Barclays stayed in my local county court. As a result of the OFT's recent case what should I do now?

What was the exact wording of the Direction given by the court when the stay was applied?

Also can anybody suggest what I should do about complaining against what I beleive to be incompetence by the court in handling my original claim.

In what way were they incompetent?

[mikesmotor]

1. a. The default judgement entered on 25-10-07 be set aside forthwith

b. The claim be reinstated and stayed pending the outcome of the litigation by the OFT

c. Either party may apply on notice to lift the stay

d. No order as to costs.

 

2. When I was first going through the process of claiming back my bank charges I was granted judgement and when the money still did not appear I went for a warrant of execution. At the bottom of the document there is a space to provide extra information for the bailiffs. In my case this included an alternative address a sI believed the bank were in the process of moving offices. The court administration by their own admission did not pass on this information therefore the warrant could not be served. It is my belief that the court was negligent and that they failed in theirn legal duty of care.

 

Mike

[Michael Browne]

1. a. The default judgement entered on 25-10-07 be set aside forthwith

b. The claim be reinstated and stayed pending the outcome of the litigation by the OFT

c. Either party may apply on notice to lift the stay

d. No order as to costs.

Since there is no date/period after the OFT case mentioned within which you should make an appliaction, I suggest you do nothing until the OFT decide whether they will proceed with further litigation (likely to be mid/end jan). You could double check with your local court

 

2. When I was first going through the process of claiming back my bank charges I was granted judgement and when the money still did not appear I went for a warrant of execution. At the bottom of the document there is a space to provide extra information for the bailiffs. In my case this included an alternative address a sI believed the bank were in the process of moving offices. The court administration by their own admission did not pass on this information therefore the warrant could not be served. It is my belief that the court was negligent and that they failed in theirn legal duty of care.

Is the set aside mentioned in 1, the same claim? If so it wouldn't have mattered what address the warrant had, they would (as happened) have applied for a set aside.

[mikesmotor]

yes but my arguement is that had the court imparted the additional information we may not have been at this stage now some eighteen months later

[Michael Browne]

First the bailiff will usually send the defendant a letter saying that a warrant has been issued and that he or she must pay within seven days. Barclays would have immediately applied for a set aside, which was granted. So it doesn't make any difference to which or how many addresses were or wern't on the warrant, you still would not have been paid. You have no case at all.

[slick132]

Hi MM,

 

Keep an eye on the Site Announcements at the top of each forum. This was updated on Monday 14th Dec'r - The Consumer Forums - Announcements in Forum : Barclays Bank

[mikesmotor]

you are missing my point the baliffs were unable to serve the warrant because the the bank had moved offices. had the court imparted the additionaln information to the bailiffs this matter may have been resolved much earlier. As to whether or not I have a case I feel I have a legitamit complaint against the court.

[Michael Browne]

you are missing my point the baliffs were unable to serve the warrant because the the bank had moved offices. had the court imparted the additionaln information to the bailiffs this matter may have been resolved much earlier. As to whether or not I have a case I feel I have a legitamit complaint against the court.

No, you're missing my point.

Even if the bailiffs had the alternative address and had served the warrant successfully, Barclays would still have applied for a set aside, which is exactly what they did, thus nullifying the warrant. Either way the result is the same and the matter would not have been resolved (ie you receive payment) earlier

[mikesmotor]

no I am not missing any point my issue is not with the bank but the court for failing to correcttly process the warrant of execution. anyway I feel that that I have stretched this matter as far is it will go. I have raised a complaint with the court who I hope will accept responsibilty