Broome household v Barclays and HSBC ***WON***

[alyhalfpint]

Howdy.
Just to let y'all know, my patner and are launching attacks on our banks, myself with Barclays my husband with HSBC.
Both banks responded really quickly with copies of back statements and both returned the £10 cheques saying there was no fee for this service.
1st letters requesting payment were sent, Barclays again wrote back quickly with the usual guff, blah blah sorry you're not happy blah we will give you a decision by no later that june 5th.
Yet to receive a reply from HSBC. Second letter requesting repayment goes out tomorrow.
Just one tip - save copies of all the letters you send. I did mine then overwrote my husband details using mine as a template and forgot to save them seperately. I now have to trawl through 6 years of statements and add them all up again!
Shall kepp you posted.

Good Luck

Lou x

[alyhalfpint]

Cheers!
Well, had replies back from both banks on the same day. HSBC said absolutely no way. We are right, you are wrong. We'll see about that!
Barclays basically said the same thing but offered £250 as a 'goodwill' gesture, in 'full and final settlement of my complaint with Barclays Bank Plc.'
LBA's are heading their way pronto!
Oh yeah almost forgot. Claiming £2891 from HSBC and £710 from Barclays. As soon as I receive my money - which I will, have no doubt about it - I'll be in a position to donate to the site. You guys do an ace job!

[alyhalfpint]

Okay. Well I had a letter today from Barclays saying -

"I am sorry you have decided not to accept our offer which was made as a gesture of goodwill.
I am unable to agree to refund you the full amount and it is with regret that you will now be proceeding to the County Court. I appreciate this is not the response you were hoping for, but I hope I have clarified the banks position.
Rose Frimet."

Not the response i was hoping for but the one I was expecting.
Filed my claim with moneyclaim this evening. Rather scary. My hearts in my mouth so I think I better go and have a quick cuppa! Have to admit I struggled a little filling in the particulars of claim section, but some canny use of cut and paste and a few pointers from my husband and we got there eventually.
The court fee came to £80 which I suppose is reflective of the amount I'm claiming? Total amount claiming through court is £923.89. This includes the 8% interest and court fees.

No reply yet from HSBC.

I need a lie down.

[alyhalfpint]

Checked with moneyclaim today and Barclays have acknowledged. Says they have 28 days from date they are served which was supposed to be 24th june. Does this bring that date forward a bit or is it still kept to that date?

[alyhalfpint]

Received letter from moneyclaim yesterday stating barclays have acknowledged and intend to defend. On the first letter I had from them it said it will be deemed to be served on 24th June. But barclays acknowledged on 21st june. Now it says that barclays have 28 from the date of service. Do i still take it from the 24th or Does it change to 21st? A reply would be greatly appreciated ta. Those 3 days could make all the difference. Cheers.

[Rooster-UK]

They have 14 days from the date of claim being filed but by acknowledging, they gain an extra 14 days to enter a defence, so it is 28 days from the date it was filed.

They do this just to delay the inevitable.

Sit tight. The time will soon pass.

Good luck.

[alyhalfpint]

Ta.
Forgot to say the delightful Mr Jeremiah is also dealing with my case.
Filed with moneyclaim for my husband against HSBC today.

[alyhalfpint]

Still playing a waiting game with Barclays. But. We received a letter from HSBC's solicitors today with an offer of the full amount!!!!
Didnt bother crossing out hte confidentiality bit as its hubby that has to keep schtum not me. Hurrah!!!!
A donation is on its way as soon as that funds are available.
Cheers guys!

[alyhalfpint]

Donation has been made with regard to HSBC refund for £175 - donation not refund - still waiting on barclays to enter a defence. They have a week.

[alyhalfpint]

Ok. The barclays buggers entered a defence 2 days after their 28 day deadline. I tried to start judgement on 28th day but it wouldn't let me - I put this down to it being a saturday aand maybe wouldn't work til monday? Who knows. Anyways I have had a copy of their defence and its basically the same as everyone elses. The first 2 points actually say that they have not been provided with evidence of the charges, dates etc., which is such a load of poo. I sent them a breakdaown of charges with LBA and its not as though they dont have it on file themselves.
I have the AQ in front of me which has to be returned by 12th august to cardiff county court. First question asks whether I want to postpone action for one month so that claim can be settled by informal discussion or alternative dispute resloution. I am about to email KJeremiah quoting this and I think i'll give him til end of the week to reply with an offer. So I make that the 4th aug. Keep ya posted.

[alyhalfpint]

Well, FINALLY I have a court date through for my Barclays claim, 3 long months after returning the allocation questionnaire. My case is being heard at Cardiff County Court on 21st december at 10.30am if anyones up for it!
The letter I had through from the court is a bit confusing:

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.
It is ordered that
1. The Stay in this case is lifted.
2. Directions will be given in the case by the designated civil judge, His Honour Judge G Hickinbottom, on the 21st december at 10.30am at Cardiff Civil Justice Centre, 2 Park Street, Cardiff.
3. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.


English anybody?!? Standard stuff?
I have read bits about what I need to send to the court what seems like an age ago. I'm about to go digging through the message boards but if anyone wants to enlighten me feel free!

[Spotted Dog]

Have a look at Welshman threads there are several people being sent to Judge G Hickinbottom, on the 21st december at 10.30am

Spotty

[alyhalfpint]

Yeah I realised that as soon as I started having a dig around! anyone else out there that has the same date and time for judge Hickinbottom, maybe we could help each other out with what we're supposed to say/write and maybe meet up in the pub before the hearing? 10.30am? - never too early for a drink!

[Welshman]

My case has just been transferred to cardiff so I'm hoping it will be included with the others on that date. If my case gets heard at the same time, I am thinking of attending. I will have started my holidays by then.

I would like to ask the Judge to order Standard Disclosure. This means that the Bank, at the hearing proper, would have to divulge how they come to the figure they charge us. that is exactly what they do not want to do.

It is already written in my Allocation Questionnaire but I don't think that it will do any harm to re-emphsise it.

[alyhalfpint]

Ok little update here. I've gotten a little side tracked from my barclays claim for the moment as we've had a bit of a development with hsbc.
Hsbc took another £100 in october in charges which I wrote to them about (on behalf of hubby), asking for a refund. Said they must already be aware that we had successfully claimed back over £3500 by applying through court system and would have no hesitation in going through the process again. Guess what - they refunded! And guess what - they're closing the account! Maybe pushed them a bit far. Its no problem as we're just going to add hubby to my account (now with lloyds) which we were going to get round to at some point anyway. I've also just been back through statements since we claimed from HSBC and found another 50 quid they can give us back aswell, nothing to lose now have we! I'll also be telling them that I dont expect them enter a default on hubbys credit file as they are also in breach of their own T's & C's. Just get this letter done and I'll be back onto my barclays claim.
Things are slowly staring to slot into place with this court hearing for barclays. I'm going to gather together my court bundle for proper hearing then in letter to court for directions hearing I will give a brief outline of what is contained in the bundle, ask Judge for standard disclosure, few other things which I cant remember now but if anyone has any other suggestions please let me know. Likewise if I'm going off on completely the wrong path!

[Welshman]

I'm having a think about it all at the moment. I am going to the hearing just to emphasise to the bank that I mean business.

My bundle will be with me as I assume that Judge will announce the date of the final hearing and I'll hand that bundle in on the day. Saves postage too!

[alyhalfpint]

Mmmm good idea. Postage will be a fortune otherwise. I did intend to attend but more so for a nose as was going to write but I suppose I cant do both really can I! I will prepare my bundle and hand it over to the court and the now infamous Keith Jeremiah (poor bugger - I do feel sorry for him!) when the time arises. What do you think of writing to barclays beforehand stating the points I will be raising see if we can get them to settle a bit quicker?