omollmeg v Barclays - **WON**

[omollmeg]

Hi,
I know it has been a while but with moneyclaim being £120 have not been able to do it until now.
So just to keep you updated I have just filed my claim against Barclays so I will keep you up to date on any progress.
Good luck to all.

[omollmeg]

Just to keep you updated my claim was issued on 23rd June
So they have until the 12th July to respond....
Wll let you know what happens...
Have there been any other successful cases yet???

[simonm4113]

How did you get on?

[Christopher Gridley]

iv recived a letter from Barclays offering me a £1000 pound out of good will but they havent sent me my charges for the last six years i am not going to except this offer but what is the next step to take so i can recieve my bank charges for the last 6 years


i look forward to your reply

thank you

	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.

[omollmeg]

HI,
Have you sent your LBA letter ??
If not then sorry for the late post but that would be your next step otherwise moneyclaim.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[omollmeg]

Just to keep you updated Barclays have until 2mrw to reply to my claim I still don't have a court date or anything yet so i'll see what happens 2mrw and let you all know...
Thx

[shellevans]

fingers crossed -- good luck

[omollmeg]

Hi all,
Any advice welcome...Their time is up the post arrived today and there was not anything from Barclays not even a court date or quetionnaire..
I will log in later and go through the faq's etc to find out my next course of action.
Thanks
Do you think I shoul e-mail Keith Jeremiah ?? before I go any further???
Thx all

[sjao1]

If they do not reply by the set date request judgement ASAP. This will help your cause.

[omollmeg]

Hi again...
I just went to the moneyclaim site to file a judgement but this is what it said

The following information relates to your claim:

Claim Description

Claim Number

Status of this Claim


Money Owed from Barclays

++++++++

Defence

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

For further information, please visit the Tutorial for Money Claim Online or contact the Customer Help Desk.




Do I now just have to sit and wait again for a court date,?sorry I have never got this far before or should I perhaps try e-mailing Keith Jeremiah and does anyone have his address.
Many thanks
omollmeg

[omollmeg]

Hi,
As I wasn't able to enter a judgement should this effect my case??
Help appreciated

[Spotted Dog]

You couldn't enter for a judgement because Barclays filed their defence within the 28 days allowed by the Courts. If you had been lucky enough for them to have failed to submit their defence in time, you could have filed for judgement by 'Default'.
If you had got a 'Default' judgement, then I think the court would order Barclays to pay up within a month. As it is now they have submitted a defence, you have to wait for the Court to send you a Allocation Questionnaire (AQ). You return the AQ plus a fee if your claim is over £1500 and wait for the Court to set a date. This just drags out the proceedings - just what Barclays want, unfortunately.


Cheers

Spotty

	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

[omollmeg]

Oh thanks Spotty Dog just got a bit panicky!!
Will sit and wait then.
Many thanks

[omollmeg]

Just to keep you all updated I have just recieved my AQ today...
Will fill in and send off I suppose unless anyone else has any other suggestions.
Many thx

	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

[omollmeg]

Hi Advice needed please.
I am at the AQ stage but thought I would send Keith Jeremiah a quick e-mail and wanted to get some input from you guys as to whether this is ok.


Dear Keith Jeremiah,

Ref:Claim *******

I am writing to you without prejudice ref claim no :*******
as it is suggested that we attempt to settle the matter prior to court.

I would be happy to settle for the full amount without Barclays admitting liability and after receipt of funds I will inform the court of settlement and forward a copy of correspondence to you for your records.

My Allocation Questionnaire is due to be submitted by the 14th August 2006 so if I do not hear from you by Wednesday 9th Aug I will have to submit the quetionnaire and the cost (£100).

I hope this matter can soon be resolved.
Yours Sincerely

Thanks

	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

[Carl Stevens]

I have also sent an email to KJ but there has been no response I hope you have more luck.
Answer for Villaburd24 the money is paid when you take the AQ to 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

[VILLABURD24]

I work for Barclays myself and checked Keith Jeramiah out on the intranet and he is the top legal bod for Barclays, he must be a very very busy man

[omollmeg]

Thanks all,
I sent it yesterday and have had no response as yet....
Agree to above you send the £100 with completed AQ
I have given him until the 9th to reply so fingers crossed.
by all accounts from other people he is supposed to be a really nice guy so you never know..
Good luck everyone

[omollmeg]

Can I pls get some help in what to put in section G of the AQ please.
I have trawlled the site and am still unsure (call me thick )

Have got the -
"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation." bit
but what else should I put and should I just send my excel sheet on dates and charges???
Thanks for your help

	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

[wendyl]

I opened a new account with Barclays about 3 years ago as I was seperating from my husband and needed my own account. I was issued with a card, which I mistakenly thought, and used as a debit/cashpoint/cheque guarantee card. I realised that this was in fact a credit card, and last year mentioned this to a bank advisor, who very offhandedly said that I might be able to reclaim some charges if I wrote to the bank manager. I WAS issued with the correct card, after about 3 months when I brought it to the banks attention. Surely this is a case of incompetence/negligence on the part of the bank, ? What do you suggest my first step should be?