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I have sent Barclays a letter requesting the amount that they have charged me £1,340. I sent the letter last Wednesday and got one back today...
"I am sorry that you aree unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you again by July 27th.
Please find enclosed a copy of our complaints leaflet, wich explains how we will deal with this matter.
Thank you for your patience. blah blah"
The 27th is past the 14 day deadline that I stated in my letter. Shall I send the next letter now and refuse to wait until their deadline? I would prefer to stick to the one that I have stated.
The time has come to send the letter before action. Since starting this whole thing and after sending the original letter, I have received another charge, can I add this in at this time?
Also, going to start a claim against Barclaycard and Capital One also.
I have just had a letter offering me half of what I want. Can I accept this but as partial payment of the claim? If I do, is there a template in the library or shall I just rattle one off myself?
I wrote back saying i accept this as a partial offer and will pursue the ballance using court action if full payment is not received whithin 7 days. They usualy respond back with a F--- O-- tablet.
I've written to them telling them I will only accept it as a partial offer, and because it took them the full 14 days to respond, I am issuing court proceedings at the same time because that was the time limit I first allowed them.
They have tried to drag their feet, I won't let them.
I am filing my claim online with MoneyClaim and was wondering if when it comes to filling out the particulars of claim, anyone has any hints, the template in the library exceeds the word limit by about 800 words.
Here is what I wrote for my claims including Barclays. I nicked bits here and there from this site. One thing to bear in mind, is that Moneyclaim doesn't like &. You have to write the full and.
The claimant has a contract with the defendant (a/c xxxxxxxx) which is conducted on their standard terms and conditions. The claimant claims the return of £xxx levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from DATE to DATE of £xxx.xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £x.xxx.
Keep strong and have fun!!
Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.
OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!
OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.
Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!
I don't think it would matter to the court, but the bank may be a bit arsey about it. If so, you can include those details when you receive your allocation questionnaire if Barclays file an acknowledgement of service.
When I filed my claim, I did it online and so didn't include a list of all the charges. In Barclays defence they included that they required full details of each charge, so when I handed my allocation questionnaire back to the courts, I attached a full list (used the spreadsheet and just removed the interest column). The banks will try and use stuff like this against you and to be honest it would have been best if you had put it on, but obviously you can't change it now and it shouldn't affect your claim in any negative way, just make sure you put it on the Allocation Questionnaire.
Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.
OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!
OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.
Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!
I got an acknowledgment of service today, filed on 31st July. I know that nobody can tell me what Barclays intends to do, but according to the acknowledgement, it means that they intend to defend the claim, but according to the step-by-step guide, it is likely that they won't.
Can anybody tell me what Barclays usually do at this point? and how many claims have made it to court?
I have read on a lot of threads that confidentiality clauses are attached to settlements out of court. I was kind of hoping that my case would make it all the way so that this can be avoided because I was thinking about writing my dissertation on this almost fraudulent money making scheme that the banks have going. Also I was thinking about writing an article for my uni newspaper and having it issued through the Student's Union so that all university students know that they can't make these charges.
Was wondering why it wasn't common knowledge that these charges aren't legally inforceable.
Anyway, back to the original point - anyone who has seen a lot of these claims - what is the likely course of action for Barclays at this point? If they plan to defend the claim, why not just enter a defence in the first place?
Any advice would be gratefully received at this point. Barclays submitted a defence to the claim. I was unable to take back the allocation questionnaire myself so my step-father took it in for me with the money.
Does anyone know how long I will have to wait to receive the court date for the claim? Is there anything constructive I can do at this point to hurry this all along because it seems to be taking a very long time to sort this out.
Can anyone tell me what kind of info I need to send to the court in preparation of the case which is in a couple of weeks time. I really want to get it all sent off today so if anyone could help me urgently, it will be very much appreciated.
bholmes v Barclays
a letter requesting the amount that they have charged me £1,340. I sent the letter last Wednesday and got one back today...
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Re: bholmes v Barclays
