Prince v Barclays

[robdprince]

Hi All,

 

I sent off my Data Protection Act on 12/06/06 and got all my statments on 20/06/06. Interestingly I didn't get the "your request is turned aside" letter that lots of people are getting from Barlcays, just a standard "here is the info you requested".

 

Anyway have calculated they owe me £1875 and am ready to send my letter asking for this back but I just wanted to check something. I used the Excel sheet by Vampiress from the library to calculate the charges and this also calculates interest to be claimed (not the 8% when it gets to court but interest on overdraft charges). Are people asking for this back too or just the fees they charge?

 

Many thanks

[rbrears]

Most are just asking for the fees - because we can't be arsed to calculate the interest

 

Some also believe that the interest is the bank's appropriate recompense for the breaches and don't claim it.

 

Its entirely up to you.

 

Best of luck

[robdprince]

Thanks for the speedy response Just one more question as I type out my Prelim Approach letter.

 

When sending this letter which says "a schedule of charges is enclosed" are people sending a copy of the statement from the bank detailing the charge or are they just enclosing a list they have made of all the charges, ie something like the excel list?

 

Thanks for all your help guys, keep up the good work!

[Rooster-UK]

When sending this letter which says "a schedule of charges is enclosed" are people sending a copy of the statement from the bank detailing the charge or are they just enclosing a list they have made of all the charges, ie something like the excel list?

 

Print out a copy of the spreadsheet and include it with the letter.

 

Good luck with your claim.

[robdprince]

Well my first 14 day deadline has expired and not a peep from Barclays other than the standard "we're looking into it and will get back to you in 4 weeks" so I've sent the LBA recorded delivery today. Let's see what kind of offer, if any, they make now!!

[robdprince]

With only 4 days before my LBA deadline expires Barclays have come back with an offer - £1000 on an £1850 claim. Quite generous compared to some other peoples offers from Barclays. Needless to say I shall be holding out for the full amout and filing via Moneyclaim on Monday if they don't up their offer to the full amount!

 

Wish me luck!

[robdprince]

Quick update for everyone. As suspected Barclays got back to me on the last day of my LBA deadline saying that their £1000 offer can not be increased and is their full and final offer. They were very polite though and "apologise in advance as it would appear we are unable to reach an amicable resolution".

 

So today have submitted claim though MCOL, came to a grand total of £2510.86 including 8% interst and court fees. Feeling a little nervous as Barclays always seem to defend and drag things out but I'm sure it will go the way of others eventually.

 

Just to confirm it is 28 days from the day the claim is deemed served they have to defend isn't it?

 

Cheers guys

[robdprince]

Barclays acknowledged my claim on 08/08/06 and have indicated they intend to defend all of the claim so I guess it's time to start getting things together for the AQ when it arrives.

 

The saga continues.....

[robdprince]

True to their form Barclays defended my claim and the courts sent me the AQ.

 

Returned my completed AQ to my court on 06-09-06 and they said I'm going to be looking at a court date of the end of Nov at the earliest so it looks like I'll have to wait a little longer to get me money back from Barclays. I guess I should use this time to start getting my document bundle together.

 

Keep up the good work everybody!

[robdprince]

Hi All,

 

Need a little help here I think. Got a "General Form of Judgement or Order" yesterday from the court setting a hearing date of 22nd Dec to last half a day! It also says:

 

"1. The parties shall by 4pm on 17 Oct send to each other statements of the evidence of any witnesses of fact they intend relying upon at the trial and shall append to those statements any documents they intend relying upon"

 

It then goes on to say:

 

"2. The parties shall co-operate to prepare a bundle of documents for use at the trial such bundle to include the statements referred to above.

3. Each party shall prepare a skeleton argument and that shall be included in the bundle referred to above.

4. The claimant shall lodge a copy of the bundle at Court by 4pm on 8 Dec"

 

So my questions is, the evidence of witnesses of fact referred to in point 1 does that include things like the OFT report and the other documents our claims are based on or is it just if you want to use a witness? If it does mean all the documents, why does it have to be sent to the bank so much earlier than the court? Do I just get the bundle together now and send a copy to the court and a copy to Barclays anyway?

 

Any help appreciated, just need some clarification on the wording above from my letter.

 

Thanks

Rob

[robdprince]

*BUMP*

 

Can anyone offer advice on the above?

 

Thanks guys.

[Bookworm]

A witness is a witness, there's only one way of interpreting it, I'm afraid. A report is not a witness...

 

If the court gives you a date by which to send your bundle to B's, that's what you do, not for us to wonder why they don#t stick to the usual 14 days

 

So you prepare your bundle (see the basic one in the Library), you prepare your argument ( see mervalous v Barlcays, I posted a v. good example there), you snd it all to KJ. If you want to get it all out of the way, you can get the other copy to court at the same time, and then you can twiddle your thumbs until they pay you.

[robdprince]

Thanks Bookworm, much appreciated,