sandiego v Barclays ** WON **

[sandiego]

Totally new to all just learning to use computer too!so need all help i can get.
Read alot before starting claim used template library just returned court AQ in defence barclays say claim was taken from sept when claim served but spreadshwwt was from july as thats when this started this but how can you know when claim is going to be ? so when i get date from court should i amend original spreadsheet from sept & add the 8% interest at this time when i send all paperwork to both of them? Anyone helpplease.Thanks for all your help so far.

[Welshman]

I don't fully understand your posting. Can you type the paragraph from where you have taken the above text from please?

When you produce your spreadsheet, you need to edit the text above the fugures to show 1. The date of the earliest charge in the schedule to 2. The date of the latest charge.

Now that you have sent in your AQ, you should have put in your up-to-date schedule (including the 8% interest) at the same time. It's not too late to do it.

[sandiego]

Hi welshman text saysthe defendant denies it is liable to the claimant for the sums claimed and interest as pleaded by claimant or at all. In the alternative which is denied if the said charges amount to sums payable on breach of contract it is averred that the charges asserted by claimant to have been applied to the account prior to 4th sept 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual pursuant to limitation act 1980. So di i send a new spreadsheet only from 4th sept 2000 with the 8% calculation at 0.0002 per day to both parties now then have i got this right?
Sorry for being slow but i also read somewhere we can claim overdraught fees
which i have but they have disputed that too am i wrong ? thanks again welshman i really need help.

[Welshman]

That is exactly the text in paragraph 8 of the defence that I had. So, it's standard.

I did not claim overdraft fees. They seem a bit complicated so just claiming the 8% interest instead.

I assume that you're using the spreadsheet from the library. I used England - Simple - Excel.

I have taken the following from my spreadsheet, and edited some of it for obvious reasons, for you see.

Welshman- Claim Number: 00000000
Barclays Bank PLC
Sort Code
Account Number
SCHEDULE OF CLAIM FOR CHARGESPERIOD: 1st September 2001 TO 1st September 2006
In Respect of: Amount Date Incurred Days since offence Interest 8% APR
Paid Referral______£20.00____19/09/2001 ____1854 ___________£8.16
Paid Referral______£20.00____ 20/09/2001____1853___________ £8.15
Unpaid Out _______£30.00____ 24/09/2001___ 1849____________£8.14
Paid Referral______£20.00_____19/10/2000___ 1824___________ £8.03



If you haven't already done so, print out two copies of the schedule which include the 8% interest and send one to the court where your case has been transferred to for the attention of "The Court Manager" quoting your Claim Reference number on the schedule.
and the other to:

Barclays Bank PLC
Litigation and Disputes team
Level 29
1 Churchill Place
London
E14 5HP

with the reference number on the letters they have been sending to you.

With each Schedule,enclose a covering note asking that they attach it to your file and that you've sent a copy to the other party.

If this posting has helped you, please click on my scales at the top right of this posting. Thanks

Good Luck.

Hope this helps you.

[sandiego]

Thanks heaps welshman! i will do that today have claimed overdrafts so hope its ok wonder if anyone else has?
When i handed the court AQ into them they told me i will need to write for next time a witness statement i havent found anything on it anywhere on what i should include in it no one seems to know any ideas? Thanks so much for your help again.

[bearo]

You will need to start preparing your court bundle which is here Basic Court Bundle have a good look through and any q's come back and ask here!

[sandiego]

Thanks have updated spreadsheet & posting today to both.Read lots posts about court bundle looking through it but not too sure which sections apply to me with an ordinary bank account claiming unpaids out,paid referrals & O/D fees
not too good with all the legal jargen a bit confusing! Any help appreciated! Thanks again everyone.

[bearo]

What exactly are you stuck on?

[sandiego]

Thanks. Unfair terms 1999 one post says section 10 another i read says 8 & schedule 2 (i)(e) which doesnt seem right ? Also it says i need a defence letter
is there anything specific i should write in it? Thanks again.

[sandiego]

Court Document at last ! But it says it will be decided by the judge & asks me to send only the list of charges to the judge & to Barclays so is it still best to send my prepared court bundles to them aswell? or just the charges list ? Help please anyone else had this happen?

[Welshman]

Just send exactly what they ask. Did you not send your schedule in with the AQ?

[sandiego]

Yes i did but that was last month. now the judge is asking for it to be sent to both of them again but not asking for anything else so do i just send the charges not the bundle then?

[Welshman]

If you did send it with your AQ, I don't understand why the Judge needs it again unless it's been mislaid. Anyway, what the Judge wants, the Judge gets. Remember to put the Claim Reference number on the top of the schedule and a short covering letter.

Send the Bank copy to
Barclays Bank PLC
Litigation and Disputes Team
Level 29
1 Churchill Place
London
E14 5HP

quoting their reference number on the top of the letters they've sent to you.

[sandiego]

sent list spreadsheet to judge again and to Barclays so keep your fingers crossed . will let you know how i go . Thanks again

[sandiego]

WON
At Last Barclays settled out of court cheque in bank today!!!!!
worth the six months work got there in the end.Good Luck everyone else
keep at it its worth it !

[Welshman]

Well Done. Will arrange your thread is re-titled.

Please take a couple of minutes to complete the survey and a donation to the site would be nice so that it can continue to help others too.

Thank You

[rpjones78]

Hi sandiego - congratulations on your win! Well done.

Could I please just ask if you telephoned Barclays to ask if they will settle out of court, or did they do it with out you having to call? Just that my court date will be coming through soon, and am a bit worried about what to say to them if I have to phone them!!

Cheers,

Rich

[Welshman]

Originally Posted by rpjones78

Hi sandiego - congratulations on your win! Well done.

Could I please just ask if you telephoned Barclays to ask if they will settle out of court, or did they do it with out you having to call? Just that my court date will be coming through soon, and am a bit worried about what to say to them if I have to phone them!!

Cheers,

Rich

Rich. If you have any doubts about having a telephone conversation with them, don't ring.

You do not HAVE to phone them. They WILL settle before Court so don't panic. It'll be allright on the night.

[sandiego]

Originally Posted by rpjones78

Hi sandiego - congratulations on your win! Well done.

Could I please just ask if you telephoned Barclays to ask if they will settle out of court, or did they do it with out you having to call? Just that my court date will be coming through soon, and am a bit worried about what to say to them if I have to phone them!!

Cheers,

Rich

In answer to your question i waited until 2 weeks before court date then rang them on the number welshman suggested just asked nicely if they would like to settle out of court as is was getting close gave them my details they got back to me in a letter couple of days later very easy no sweat they can only say no sorry but trust me i doubt if they will from what ive heard just be nice Good Luck let us know how you go .