taking Barclays to court - some questions?!

[scaramoosh]

Hi - first posting here - have the small claims forms to fill out ref reclaiming against Barclays, bit concerned that I don't pitch it wrong or miss important aspects/angles out....
1. Is it correct that the FOS is putting complaints on hold so is the best recourse, if your bank has said "no chance", to go to court, (in scotland) ?
2. Are the 2 cards a) quoting test cases re lifting of sists (due to being imposed by a foreign (english) court, and b) claiming financial hardship, found/likely to be effective? And should any of this be mentioned on the claims details (and is it best to keep this very succinct, or put as much in as might bolster your case?)
3. Having spoken to the FOS by phone, I was told I would be viewed as a case of financial hardship (on benefits/using CCCS for debt plan) but concerned, since asked for help BEFORE things got out of control ie. have some cash left each month to pay off creditors, as to how solid an argument this appear be in court - again, can I risk putting this on the form?
Also, when Barclays asked tor details re this, I gave them but also said didn't want their help as had gone past that stage and was merely letting them know with a view to them not being able to hold my case in scotland (in my threatening court letter). Wonder if got this wrong??
Basically am worried am going to screw up on the claim which is delaying me in making it....
Oh and can anyone tell me what to quote at Barclays ref. them threatening to now charge me daily interest on my overdraft (they closed account/demanded full payment) if I am disputing the account ref. bank charges.
And is interest calculated a) to go on the initial claim form, b) 8% per charge from original date to date of claim, and is there anything else to put on?? (as I keep seeing reference to adding further interest?)
FINALLY(ish!) - I claimed initially up to last July (07) - picking it up again this year, I have added charges made since then, ie. going over the 5 years - can I do this?? Also, I made some mistakes initially (claimed 6 instead of 5 years; put on some charges they had refunded after - oops!) so the details I've sent Barclays will differ to my claim -does that matter?
Apologies for such a garbled post - hope someone can make sense of it....
(and anyone had any luck in southern scotland area?)

[maroondevo52]

Hello and Welcome, Scaramoosh.

I've had a few successful claims in Scotland, 1 Small Claim, 1 Summary Cause and my biggest claim was through FOS.

I split my first two claims as the small claims and summary cause claims limits were lower than they are now.

FOS told me my claim was put on hold, but after I told them the 'test case' did not include Business Claims, they got BOS to pay me.

I claimed and got 8% Interest on all claims.The last claim BOS paid, I had only gone back 5 years, but they paid 6, seems to be standard practice.

These claims were before the latest results on the 'test case', at first Scottish Courts were still paying out, though English Courts seemed to have a blanket stay.

There,s a template in the library for stating Hardship.......

Hardship and Stayed Claims

Here's the spreadsheets for Interest.

6. Interest calculation spreadsheets

You should inform Barclays your account is in Dispute, and they can take no further action on it until the Dispute is fully resolved................. ...


Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

Yours sincerely,


Hope this helps.

Regards.

Scott.

[scaramoosh]

cheers for that - is the hardship template for sending to the bank, or the court? As I have already given the bank the info, and threatened court, and had no reply, so am in the throes of filling out court claim (personal not business) - and am wanting to make sure I do this as effectively as poss.

[maroondevo52]

I'd include it with your court claim.

Regards.

Scott.

[scaramoosh]

Thanks again