Barclays Confirm Court Action

[gemsurf2]

I am seeking to claim back from Barclays £200 in referral fee charges.

I followed the procedures of intended action letters, etc. before filing a claim on the Money Claim site on 19 April. I then received from Money Claim Online an acknowledgement notice regarding the claim saying it had been filed on 27 April and that Barclays would have 28 days in which to file a defence.

Barclays responded by offering £100 repayment, I replied stating:

' Thank you for your letter of 27 April.

I will only accept the full amount of £200 plus the £30 costs incurred.'

Their reply arrived today it reads:

' Thank you for your letter 2 May.

I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amount offered, that is £100, you will be seeking the remaining balance in the County Court.

I would like to take this opportunity to clarify the amount offered was in full and final settlement of your claim. I am therefore unwilling to adhere to your request to re-imburse you with the amount offered, and it is with regret that you will now be proceeding to the County Court for the full amount.

I appreciate this is not the response you have been hoping for, but trust I have clarified the Bank's position.'

What is likely to happen now - do I just wait to hear from the Court?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

Yes dont worry, they are just distracting from the claim.

Have they defended?

[gemsurf2]

Yes. I received from the Court a copy of the Acknowledgement of Service which a representative from Barclays' Litigation and Disputes Department had completed.

The box: ' I intend to defend all of this claim' had been ticked.

Reading some of the other posts, it looks like it's a waiting game for a while now?

[Spiceskull]

They will pay up - especially when it is only £200. That would be a stupid move to defend over such a small amount...good luck.

[gemsurf2]

I have now received a questionnaire from the Court.
I'm not sure whether to put yes or no to question E:
"Experts - Do you want permission to use an expert's report at the hearing?"
Well if it does get to Court I will be referring to past legal cases and financial expert recommendations. So is that a yes?
The other question I'm unsure whether to include at this stage is G 'Other Information':
"Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you have attached."
Is it worth attaching any documentation at this point: ie, OFT's recommendations, copies of my statements.
Any suggestions please?

[jimfishybob]

From what I understand, (and i'm more than willing to be corrected), this is more about the logistics of the claim rather than the claim itself.

Do you require wheelchair access?
Is there an abnormal amount of paperwork?
Do you have any other special needs?

I shouldn't worry too much about any evidence you are to rely on in court, fi for £200 it aint ever gonna get that far.

(though if a Mod can confirm or deny section G it may be reassuring)

[barracad]

Section G:

This should only be for details regarding the management of the case only, not general information about the case.

You should use this box to let the judge know about anything that will help with the management of the case. For example:

• If there are to be a large number of documents for the judge to consider at the hearing.
• If anybody (including any witnesses or experts) require any special arrangements (e.g. wheelchair users)
• If you will be using any audio or video footage as evidence.

Section E:

I think this only applies if you want the expert witnesses present at the hearing - can somebody please confirm or correct me?

[gemsurf2]

Thanks guys, your help, advice and support is much appreciated. Of course there will be a donation in due course (from recovered funds or otherwise).
Roll on the next stage......!

[gemsurf2]

I've just re-read the questionnaire and section G Other Information states:
'In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party'
In the notes relating to this section it adds:
'Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.'
As this information is directed to the judge rather than the Court, it seems it is referring to things specific to the claim.

[gemsurf2]

Barclays must really value the £200 I am attempting to reclaim.

After receiving a date for my hearing (17 August) I contacted Nick Hartigan (who appears to have taken over my case from Keith Jeremiah), to see if they were willing to settle out of court.

The reply I received was:
'In summary, in the interests of expediency, the bank is prepared to consider a settlement. However, I shall have to seek authority to settle the claim at 100%. If you were prepared to accept a lower amount of 75% (plus your statement reprint and court costs) then that would speed matters up significantly.'

I replied, that I would only consider full repayment, plus costs, and that if I didn't hear anything in the following few days I would commence preparing the documents and necessary evidence for my case, and that if in doing so more costs were incurred these would also be added to the overall amount.

I did not receive any reply, so rather reluctantly I began printing off various statements, OFT reports, etc. making sure they were received by Barclays and the Court for the date specified. So added to their bill is another £3.40 for photocopying and £9.00 for special next day delivery to two addresses - I'm only reclaiming £200!

[carlyt123]

Hi,
I can't believe they are taking you this far for £200. Stick in there, it must seem like a lot of effort at the moment, but you will definitely get it!!

Good luck

carly

[Spotted Dog]

If you read Mjanets excellent thread you will see that solicitors acting for Lloyds TSB were haggling over her court fees of £50.
The banks have no common sense. I am sure solicitors acting for anybody would charge at least that much just to write a single letter.
They are being driven by thinking that they can win win by procrastination and delay.

[gemsurf2]

Case closed! But I'm not allowed to say in whose favour.....!

[Tobes]

Totally unrelated to any of your posts or reasons for posting on this forum, how are you feeling today? Happy? Sad?

[gemsurf2]

I've feeling very happy. Thank you for asking.

[foxyred]

Originally Posted by gemsurf2

Case closed! But I'm not allowed to say in whose favour.....!

Can you help me. When you filled in your particulars form, what did you put for your daily interest rate? I'm having difficulties filling this part in.

Cheers in advance

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Tobes]

Originally Posted by gemsurf2

I've feeling very happy. Thank you for asking.

I'm most pleased that you are feling happy today

[BSC]

Great news your feeling happy - for whatever reason

[Evie76]

Wow they went a long way for such a small amount.... I am about to tackle Barclays, although I know I have had charges of at least £30 per month forever, I do not know how much but it has to be more than £1k.
Wish me luck!

[adam1v]

Well done Gemsurf!

btw, was it settled in or out of court?