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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default **WON** Defence threw out due to non compliance

    I received my 6 yearsicon worth of statements from Barclays and promptly sent off my prelim letter asking for my cash back plus interesticon. I sent it on 30th April by registered post to the head office, Churchill place, and have today received a reply from 'retail banking customer relations' in Leicester saying they are 'sorry I am unhappy, and a member of the team will contact me as soon as possible. They then go on to say they will endeavor to respond within four weeks but it may take eight weeks!!
    Now, of course I have no intention of waiting that long and have already prepared my second letter. I am slightly confused though, do I send it after the 14 days (working days?) after my initial letter of the 30th April or fourteen days their letter dated 8th May?' Also, should I send it again to the head office in London or to the guy at customer relations in Leicester.
    I am also expecting them to charge me referral fees totalling £90 in the next few days as I am slighly overdrawn now. can I add these to the list and send the revised list with my letter?
    many thanks in advance....

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  2. #2
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    Default Re: Barclays delay tactics...what now?

    Hi Aude.

    The usual letters of procrastination.
    Stick firmly to your own timetable, not theirs......and i's 14 days, not 14 working days.
    Send your letters to head office.
    Any additional charges can be added to ytour schedule, but you must print out a new copy, marked clearly, AMENDED SCHEDULE and date it.

    Good luck.
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  3. #3
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    Default Re: Barclays delay tactics...what now?

    Many thanks. I am about to send the 2nd letter off as the initial 14 days are up on Monday. Do I then have to wait another 14 days before making a claim? (I have already registered on the moneyclaim website and am ready to proceed!


  4. #4
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    Default Re: Barclays delay tactics...what now?

    Hi Aude, and welcome!

    if this second letter is your LBA (letter before actionicon) then yes, wait 14 days as the letter says. You must stick EXACTLY to the timescale YOU lay down, otherwise you may give them an excuse to wriggle off the hook.

    If you haven't gone through the examples in the faq section, now would be a good time to do it. Look at http://www.consumeractiongroup.co.uk...tructions.html for just about every answer you'll need....



    Barclays (2 accounts) WON
    Lloyds TSB (Daughter's) WON

    Cohen's: WON (discontinued)
    DLC: Given up, gone away.
    Eversheds: Trying!
    Equidebt: In default
    Intrum J: Return to OC
    iQor: Stopped paying.
    Link: In default.
    ScotCall: Return to OC
    Thames: Stopped paying.


    I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

  5. #5
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    Default Re: Barclays delay tactics...what now?

    Many thanks again. I am sending my lbaicon on monday when the 14 days are up.


  6. #6
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    Default waiting to file MCOL

    I sent my lbaicon letter to Barclays on the 14th May giving them a further 14 days to respond. (They received it at Churchill Place on the 15th). The only thing I have got from them is a letter charging me a further £30 for going £10 over my overdrafticon limit!!
    question is this...do I sent the moneyclaim form (which I have already prepared online) on the 14th day from the date of my letter (that will be tomorrow which is a bank holidayicon?) or wait until Tuesday's post has arrived?
    Many thanks to all in advance.


  7. #7
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    Default Re: waiting to file MCOL

    you can do it online but it wont be processed until tuesday onwards

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  8. #8
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    Default Re: Barclays delay tactics...what now?

    Hi again,
    I never received a reply to my lbaicon so have proceeded with my moneyclaim online filed 27/5 and today I see it has been updated as 'issued'.
    Question...do I wait 14 days exactly form the day I filed it or is it 14 days from date of issue i.e today
    Thanks


  9. #9
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    Default Re: Barclays delay tactics...what now?

    Hi there everyone,

    Wondered if someone could help with a statement of evidence, as i haven't a clue how to complete one of these.

    Thanks kindly,
    Barnaby


  10. #10
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    Default Re: Barclays delay tactics...what now?

    http://www.consumeractiongroup.co.uk...naires-18.html

    post #55 i think!

    sorry...for Barnaby :?

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  11. #11
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    Default partial offer received after court issue

    Hi,

    Up until now everthing has gone according to plan..
    I sent my LFA letter and didn't hear within the 14 days so I filed my moneyclaim online which was issued yesterday (30th). However, my daughter just called to tell me that a letter offering me a partial amount of 2,330 has just arrived through the letter box (1.400 less than they owe me).
    What should I do now? should I send them a letter saying, 'sorry too late, I've already started proceedings but I accept the amount as a partial settlement in the meantime, or ,pretend I never received it in the post and ask for judgment to be passed if I hear nothing within the 14 days?
    I have searched around in the forum for similar but can't find...apologies


  12. #12
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    Default Re: partial offer received after court issue

    Quote Originally Posted by aude View Post
    should I send them a letter saying, 'sorry too late, I've already started proceedings but I accept the amount as a partial settlement in the meantime
    After reading around this seems like the preferred action - that you will accept their offer as partial settlement of your claim, but you will continue with the claim until they have settled to your complete satisfaction.

    It seems that you also need to let them know that the claim is now also accumulating interesticon at 8%, as well as having your court costs added on top.

    Good luck.


  13. #13
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    Default Re: partial offer received after court issue

    Hi
    forgot to add,
    The letter came from customer sevices at Barclaysicon and says they are offering me the money as a 'goodwill gesture' and that it is a 'Full and finalicon settlement' and I am to sign and return the form for them to credit my account. Do I send the template letter (no 6)? the one that says something along the lines of I reject your offer and you may not be aware I've started court proceedings etc but you can pay me the full amount and I'll tell the court I've settled?


  14. #14
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    Default Re: partial offer received after court issue

    Yes, accept the offer as part payment but you have already begun court proceedings to recover the full amount plus interesticon and costs.

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  15. #15
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    Default Re: partial offer received after court issue

    can you please tell me which letter as no.5 seems the obvious one but there is no reference to accepting partial payment and the letter they sent does state the offer they are prepared to make is final. oh dear... i'm getting into a right state with this, I just want to get the message right before I send it! please tell me what to write before I have a dizzy spell


  16. #16
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    Default Re: partial offer received after court issue

    Hi aude

    We seem to be at a similar stage. I received an offer yesterday too. I have used letter 5 and not bothered with the partial settlement and have sent it recorded delivery today to the Customer Services address in London, where my offer came from.


  17. #17
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    Default Re: partial offer received after court issue

    Letter 5 is the closest, just add in or take out the relevent parts, remember these are only templated to give you an idea of what to say, doesnt have to be word perfect.

    when you have completed your letter, PM it to me and i will check it over for you ok

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  18. #18
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    Default Re: partial offer received after court issue

    Many thanks for all your help so far, I have just typed my letter rejecting their partial offer but I wanted to ask this..When I sent off my initial letters to Barclaysicon I listed, alongside the charges, all the statutory interesticon (I did this using the calculator on the money saving expert website). I understand from reading threads here that I shouldn't have done that initially but waited until I got to the the moneyclaim bit? will it make any difference to my case? and also, I cannot update the interest now either having used that method and not the spreadsheets here. my claim has now been issued and The 14 day deadline expires on 18/6.


  19. #19
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    Default Re: partial offer received after court issue

    it wont matter but i would redo the spreadsheet using http://www.consumeractiongroup.co.uk...eadsheets.html i used the simple excel


  20. #20
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    Default Re: partial offer received after court issue

    I have just spent a good hour retyping the charges I did with Martin Lewis's calculator onto the excel simple spreadsheet but how do I calculate the charges and interesticon when I need to? I thought it would total it up automatically like the other one.....HELP



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE