Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Default AndymanUK v Barclazy

    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. interesticon & 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 questionnaireicon 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@Barclaysicon.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 yearsicon, 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...............

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  2. #2
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    Question Re: AndymanUK v Barclazy

    Did anyone have any luck by e-mailing or phoning Barclaysicon at this stage ??


  3. #3
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    Default Re: AndymanUK v Barclazy

    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.

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  4. #4
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    Default Re: AndymanUK v Barclazy

    thanks

    i think i will try, i can't see it doing any harm.

    btw, the details for Krista didn't appear on the post, sorry


  5. #5
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    Default Re: AndymanUK v Barclazy

    Krysta contact details:

    tel - 0207116475
    fax - 01452 638359
    email - krysta.campbell@barclays. com

    Keep us posted

    Barclays bank - £1260.00
    Settled for £1774.20 - 7th June 2007

    MBNA - £1994.46 - inc contractual int
    Settled for £2024.00 - 16th April 2007

    First Direct - £1147.00
    Settled for £1147.00 - 1st May 2007

    Capital One - £802.83 - inc contractual int
    Prelim sent - 28th March 2007
    LBA sent - 19th April 2007

  6. #6
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    Default Re: AndymanUK v Barclazy

    thanks madhouse


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    Default Re: AndymanUK v Barclazy

    andy, should be in my signatureicon section, can you let me know if its not appearing. ta

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  8. #8
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    Thumbs up Re: AndymanUK v Barclazy..looking good...


    I did e-mail Tom Hickey from Barclaysicon 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 MBNAicon 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 .


  9. #9
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    Smile Don't despair - they will pay !!

    this is from the other thread http://www.consumeractiongroup.co.uk...-barclazy.html

    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,
    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 MBNAicon 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 .


  10. #10
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    Default Re: AndymanUK v Barclazy

    Hi Andy.

    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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  11. #11
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    Cool Re: AndymanUK v Barclazy

    thnks for the advice

    you are right, show me the the money !

    i want to see the dollar bills y'all !

    before i celebrate


  12. #12
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    Default Re: AndymanUK v Barclazy

    so I started thinking yesterday, (maybe too much !).....
    ok, Barclaysicon 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


  13. #13
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    Default Re: AndymanUK v Barclazy

    Good plan, always watch your back, if they do promise things get them to put it in writing before you let your guard down.

    good job you did what you did cos your claim would have been thrown out.

    sorry that no one else advised you this earlier.

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  14. #14
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    Question Any luck yet claiming past 6 years ??? **

    I have my claim going through for my past 6 yearsicon 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 Barclaysicon yet, claiming past 6 years ??

    If so, I'll go for it

    appreciate any info...


  15. #15
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    Default Re: Any luck 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 Barclaysicon]

    It is better if charges outside the 6yrs are added to more recent ones, but what is done is done, see here for info:
    http://www.consumeractiongroup.co.uk...beyond+6+years

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  16. #16
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    Default 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...

    cheers

    ahoy, matey !


  17. #17
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    Default Re: Any luck yet claiming past 6 years ??? **

    just call me jack sparrow


  18. #18
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    Default Re: AndymanUK v Barclazy

    you're right
    i could have got a bit carried away there, and blown the whole thing,......

    -------------------------------------------------------------------

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    " It's not about your acheivements in life, it's all about the journey getting there...."
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    I got my Peices of Eight !

  19. #19
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    Default Re: AndymanUK v Barclazy

    Andy, fancy trying it on with them?

    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.

    see what they say.

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  20. #20
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    Default Re: Any luck yet claiming past 6 years ??? **

    Keep an eye out for my thread (dusary v Bank of Scotlandicon). 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:£5,156.39 Information 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 £7,424.23 06/07/07. 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!


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