SamaraSea v Barclays x 3 FINALLY!!!

[SamaraSea]

Hi all,

A strange thread title I know but I am in a bit of a quandry and need some serious advice!!

 

I like others are going through the process of reclaiming me bank charges (Amex, BC x 2, Barclays x 3, Capital One)

 

Specifically with Amex (and everyone else) I am at the point where I have sent all the letters, rejected the offers, accepted partial offers and exhausted all options . Barclays and BC have till next week.....

 

So I have been on CAG researching as many threads as possible on all of the above and am building up the confidence for the hop, skip and jump to court

 

HOWEVER, I am due to have major back surgery in 3/4 weeks and will be semi bionic post surgery !

 

My concern is that should I wait until after surgery to start the court process, which in reality I wouldn't be able to really do anything for 6-8 weeks post surgery

 

OR

 

Do I just go for it now regardless?

 

I am not asking for millions, although after being off work for a year and one failed back surgery later I wouldn't say no.

 

Amex £207 + 82.46 int (Partial accepted £114)

Cap One £280 + 85.54 int

Barclays 1 £685 + 245.25 int

Barclays 2 £310 + 120.80 int (Partial accepted £235)

Barclays 3 £410 + 22.21 int

BC Visa £80 + 15.77 int

BC MC £240 + 77.70 int

 

I know many of these settle before hand but it would just be my luck that I have to stand (lay in my case) in front of the judge, which is just not going to happen

 

Your help, guidance et al would really be appreciated!!!

 

Many thanks

 

Sam

[tonycee]

HI SAM .. First of all good luck with the back surgery, an ex of mine had major surgery and was fine afterwards, if fact she was so well she kept running..

Anyway im at the court stage myself now and one thing that i have noticed is that it seems to be taking ages to get a court date, and then when you do get it, its still weeks away from the actual date...What i would do is prepare and submit the week before you are admitted, if a court date that does come through is not convenient you can allways ask for a later date..good luck

[SamaraSea]

Hi tonycee,

 

Thanks, actually this will be the third lot of back surgery so I am hoping it will be 3rd time lucky!!!

 

I think I agree with you, certainly from the threads I have been reading the court process does seem to take some time. If I am right 28 days in total??? but I am not sure if that actually includes to the court date?

 

I am pulling all the papers together now to be honest as should I do go ahead now I will have the N1 form ready and if they require bundles et al I can just get someone to post them.

 

How are you finding the whole court process??

 

Sam

[tonycee]

Sorry...I havent actually got a court date yet as i only submitted my claims x3 on Tuesday..I guess i still have that pleasure to come..

 

Would give it all away though, if it made you better.. Good luck...

[SamaraSea]

Thanks tonycee,

 

Sorry for not getting back sooner but I have been having numerous tests done resulting in 20 needles shoved in my discs without sedation or anaesetic to see what disc is causing back and leg pain. Needless to say I am in more pain than I was before!!!

 

Having a nerve root block on Saturday and should that fail discs removed at 2 levels, fusion and plates screwed against 2 vertebrea min August.

 

Soooooo I have some time on my hands and need to get rid of some agression so who best to take it out on....... the BANKS!!!

 

So I am going to set up some new threads for Barclays x3, Barclaycard x 2, Amex and Cpital one and have them all done an dusted hopefully before I go under the knife!!!

 

How are you getting on with yours???

 

Thanks again for your support

 

Sam

[tonycee]

Having a nerve root block on Saturday and should that fail discs removed at 2 levels, fusion and plates screwed against 2 vertebrea min August.

Sam

 

Same op as Lisa. It completely changed her life...She was like a new person. Hope it works out allright..

I wasnt joking when i said she kept running..

Got my toot back from Nastywest. Barclays defaulted by not defending, got myrequest for judgement into court today..I will follow your threads in Bs forum

[SamaraSea]

Laughing, well im hoping it happens soon and that I can get running!!!

 

Thats great news about your toot!!!

 

I am just about to start my threads. Have done the N1 forms but think I have screwed up on the daily rate in the value section and the daily rate of interest in the POC section.

 

Its probably all wrong as I am legally as high as a kite!!!

 

Ok going flying to the new thread and I will be keeping a very close eye on your thread too.

 

Sam

[tonycee]

Daily interest is simple..

 

Your charges = A

Your interest on charges = b

A + B = C

C x £ 0.00022p = Daily interest...

[tonycee]

Im not finding many new threads !!!!!1

 

Are you still flying ??????

[MARTIN3030]

Welcome to the site.

You will be given opportunity in the allocation Questionaire to list dates or periods when you will be unavailable the purpose of this is to give you dates when you COULD attend.

Increasingly these days the AQ is being dispensed with and bulk hearings listed but much depends on the policy and mechanics of YOUR local court.

Would cost nothing and do no harm to call them and ask what their current backlog is and whether they have dispensed with the AQ.

Even if this is the case you may still be required to lodge full document exchanges with the Court and defence so if I was you I would check it out.

[SamaraSea]

Sorry Tonycee I was on a round the world trip!!! and came down to earth with a bump!!!

 

I think I have the figures right and will start a new thread and post the N1 text I have with a view to getting feedback as to whether I have the right info in there.

 

Ok am going to get the ball rolling I promise

 

Sam

[tonycee]

You will be having a few more " trips " before you can run the marathon..

 

Promises Promises Promises..

[SamaraSea]

Hi and thanks Martin3030.

 

I think my main battle with myself is that I am trying to ensure that I have everything ready so that it will be a case of getting the documents from my file that I have pre prepared so that I can then send in what they want. The only thing is that I am just getting confused with the whole process and being on numerous meds and in pain dopesn't help!!!

 

So I am going to take a huge breath and get the ball rolling. As per my above posts it is likely now that I will not be having the op until the middle of August, so feel that I would have time to get through the bulk of the process and hope that they would settle before any further court dates???

 

I have drafted my N1 forms and have looked at what will be needed for the court bundle. I have been looking at other forums and have also checked out the Got a court date link too so I can start getting ready.

 

I am going to call the nearest court to me tomorrow and speak to them as suggested. I live on the border of 2 counties and would prefer going to the court tht is not in my county as it is nearer.

 

Really appreciate your input.

 

Sam

[SamaraSea]

Tonycee!!!!!!!!!

 

Laughing, it would be nice to walk up the road let alone run the ruddy marathon lmao!!!

 

Actually have been laying on the floor looking at holidays in the maldives for when I recover and so I can beep my way through security at the airport!!!

 

Going to be semi bionic me so the marathon would be a quick hop, skip and jump!!!

[MARTIN3030]

Horrosho sam

If you want I will move these posts into a new thread.

Where do you want them going ?

Pashalster:)

[MARTIN3030]

Вы испытывали российскую Водку все же?

[tonycee]

I know exactly what you are going through. Got the hat and tee shirt.

Meerurenfushi in the Maldives is nice, you will get all the rest you need there.

just trying to keep your spirits up..

[SamaraSea]

Hi all,

 

Well after quite some time faffing around trying to make a decision as to whether to start the court process prior to my back surgery I have decided to get the ball rolling.

 

However, I would really appreciate your help along the way as I am forum researched overloaded and on legally medicated round the world trips frequently throughout the day.

 

Soooo I have 3 Barclays accounts that I would like to claim my monies back from - Current account / additions account and a small business account.

 

I have received all my statements

Sent my initial letter (without interest)

Been phobbed off as everyone else

Received a settlement for my additions and business account which have accepted only as partial offer and requested full settleement to no avail.

Send all LBA letters for all 3 accounts.

 

I have kept all correspondance seperate for the 3 accounts mainly for my own benefit, although Barclays did try to combine the aditions and current accounts but failed.

 

So I have inserted my drafted N1 form for my current account and would appreciate it if you could let me know if I have all the facts and figures right before I get going. I know I have an excuse for getting it wrong but would rather make this as painless as possible!!!

 

I am really concerned that the text in red maybe calculated or written incorrectly especially the daily rates and %.

 

Barclays Bank PLC

Leicester

LE87 2BB

Money claim for return of penalty charges applied to Claimants credit card account by the Defendant

Charges £685.00

Interest under s.69 County Courts Act 1984 £279.16

Court Fee £80.00

TOTAL £ 1044.16

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.21 per day OR at such rate and for such periods as the court deems just.

1. The Claimant has an account XXXXX ("the Account") with the Defendant which was opened on or around XXXXXXX.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £685.00 and any interest charged thereon;

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 5th April 2000 to 10th November 2005 of £279.16 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.21 %

 

Thanks sooooooooooo much and Tonycee I kept my promice

 

Sam

[SamaraSea]

Yeh it will be fine thanks tonycee, just the wait and patience isn't my virtue!!! Perhaps Martoin3030 can send me some..

 

Thanks Martin3030, I have now set up a new thread in the Barclays forum, so it depends if you think they will be of use???

 

Many thanks again

 

Sam

[tonycee]

Sam. Sam. Sam, What are we going to do with you ????/

Can PM a mod and ask them to move your thread from Barclaycard to Barclays...Would hate to see all that effort overlooked. Tut Tut..

[SamaraSea]

OMG can you believe it!!!

 

Was so proud that I had done it too!!! grrr

 

You have to be impressed though eh!

[tonycee]

It looks superb, but wasted where it is. It will get overlooked..

[SamaraSea]

Can you believe it!!!

 

I can lol. Have to be impressed though!!!

 

Well thanks for being very observant. Tried to PM Martin3030 but his PM box is full so it will have to stay there for now until I can get hold of a MOD to arrange its re-location!!!

[livelylad]

I have moved the thread into Barclays for you.

Edit: I have merged the threads for you.

[SamaraSea]

Thanks Liveylad,

 

Much appreciated and apologies!!!

 

Sam