Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am a new poster, thanks in advance to everyone for all the info
Here's where I am at the moment:
My claim is for £4,807.20 inc. interest & charges
Had all my bank statements going back years, so just sent copies straight in with initial letter, were quick to offer me £910 !!! as settlement, of course I refused.
Went with MCOL, they filed a defence in time, and I have had it transferred to my local court. The notice includes the statement that a court allocation questionnaire is not needed. This seems to be the latest thing to speed these proceedings up. So I am now waiting for a court date.
I am about to write an e-mail to 'thomas.hickey@Barclays.c om' I suspect he is the sidekick of Adrian St. John ?
My defence has always been that I have 2 accounts, one business and one personal (at the same branch). My charges are from my personal account, but my business account has never gone in debit or incurred any charges, in fact always has more than enough money to cover the debit in the personal account. I called Barclays to ask if they could arrange via thier 'computer sytem' that should I go in debit from one account, they could automatically transfer funds from the other to cover it, so that I would never incurr charges. SURPRISINGLY, the computer system couldn't do this. I stated that this was the same computer that generates nasty letters and withdraws money from my account as penalties without my agreement. Seems like a bit of a biased computer !
Basically, if you add both my account balances together over the past 6 years, in fact Barclays WOULD OWE ME MONEY, for interest accrued on my savings !!! as (again surprisingly) they do not pay interest on business accounts !
I'm hoping they will settle before court, but am prepared to go all the way if necessary, and I will take my business account elsewhere (they regularly charge me approx. £30 per month in business banking charges, which I cannot avoid, just for paying in cheques etc.) They are theives, and must be stopped...............
There is no harm in trying at this stage, a couple of threads have been successful, but thar is only a couple in thousands and of course it depends on the amount being claimed.
Last I heard, B's were settling claims of up to £500 without question, up to £1000, trying to offer a settlement and everything over is being stalled until about a week before the court case.
Good Luck to you and I hope you are successful,
also, my contact, Krysta [details below] is VERY good.
I did e-mail Tom Hickey from Barclays Litigation department eventually (I have to serve papers by Thursday for my court date.)
I asked if we could settle before going to court, so they would not incur further costs defending their case.
I got a swift rely from Tom in which he stated,
I fully intend to settle your claim before it does go to court
but (understandably) I must wait in line, as they are doing checks and they have to settle the cases in chronological order, otherwise it would be chaos, which I can understand, i suppose.
Maybe I'm just in a good mood from getting full settlement from MBNA today for £599 !
It will be settled in early July, he states.
Well, good news I suppose.....
Just goes to show, as everyone (all the wonderful advisers on this site) have said, do not give up, do not be scared, ignore all the scare tactics, and just look at the facts, they have never defended one case in the court !!, and I beleive they have no intention to .
I asked if we could settle before going to court, so they would not incur further costs defending their case.
I got a swift rely from Tom in which he stated,
Quote:
I fully intend to settle your claim before it does go to court
but (understandably) I must wait in line, as they are doing checks and they have to settle the cases in chronological order, otherwise it would be chaos, which I can understand, i suppose.
Maybe I'm just in a good mood from getting full settlement from MBNA today for £599 !
It will be settled in early July, he states.
Well, good news I suppose.....
Just goes to show, as everyone (all the wonderful advisers on this site) have said, do not give up, do not be scared, ignore all the scare tactics, and just look at the facts, they have never defended one case in the court !!, and I beleive they have no intention to .
None of the banks have any desire to step into the courtroom. This business of settling at the last minute is all part of the intimidation of customers in the hope that they will stop their claims.
It is an abuse of the legal system and each time it adds to our cause by showing the banks to be time-wasting.
Keep your claim running until you have the money in your hand. Then you can inform the courts that they have settled, but not before.
Good luck.
Regards, Rooster.
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so I started thinking yesterday, (maybe too much !).....
ok, Barclays told me they are going to pay me before going to court, so if by telling me that, would i relax then and decide not to file my evidence for the court date ( i had to file by 4pm today)......
so my brain was working overtime, and thinking, well what if they are pulling a fast one on me, i.e. i don't file, then the case gets postponed or something, and the whole thing gets delayed another 3 months..
so i spent a frantic morning getting it all together and got all the paperwork in to the court just in time by 3.45 !!!
i've come all this way, i'm not going to lose it now !!!!!!!!:o
I have my claim going through for my past 6 years charges, but rummaging around today I came across a further 2 years full bank statements (1999,2000) of course, with charges on them...
It's like finding gold these days !
I just wondered (difficult to read all the threads) if anyone had any luck with Barclays yet, claiming past 6 years ??
Andy, its a case of 'watch this space' at the moment, still new ground with no real progress to report.
There has been success in claiming [BONG v Barclays]
AHOY there! Any luck yet claiming past 6 years ??? **
thanks dar£n
i've just come back from watching 'pirates of the caribbean' and i'm in 'swashbuckling' mode, and I just wanted some more peices of eight
i guess i will read through all that stuff carefully, and weigh up my chances, before I decide to put my life on hold to claim back a few hundred quid...
you're right
i could have got a bit carried away there, and blown the whole thing,......
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In the words of QUINCY JONES:
" It's not about your acheivements in life, it's all about the journey getting there...."
.
I got my Peices of Eight !
Phone them back, tell them you have just submitted your court bundle and have since been advised to enter into negotiations with the defendant in order to resolve the matter before the court date and settle amicably.
Keep an eye out for my thread (dusary v Bank of Scotland). I received statements from 1999 - 2001 (already have 2001 - 2007) on one of my accounts.
Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk...i-dummies.html Me v BofS: Charges: £13,048.10#2a/c Statements from 08/01/01 received. Charges:£5,156.39Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.2306/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00
£11,136.33 paid back thus far.
New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON! Don't forget - when you win - a donation to CAG would be welcome! If anything I've said has remotely been of any assistance, then please tip my scales!