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.
In the interests of security and confidentiality on here I am not allowed to divuldge my other user ID for this site but what I will say is that I did have a claim ongoing with Barclays which we have now settled out of court on for the full amount.
I have to use a new ID due to the nature of the terms of my settlement, including the confidentiality clause agreement.
So I'd like to thank this site for the step by step I have been given, which I have to say needs editing to stop new visitors who want to start a claim going wrong in various areas, ie: Only claim for 6 years nothing over that + send proof of the charges to the bank as well.
Also- I encountered a lot of problems when I was having trouble and got bugger all help for a long time - which needs to be addressed as well.
Therefore for the reason that the step by step and materials I needed were available, I will donate a small amount to the site as a mark of apprectiation- you would have had a bigger donation but seeing as though I didnt really get the help when I needed it the most and had to practically beg for it- so I'm declining to send a bigger amount.
I'd like to tell everyone to keep fighting the good fight and not to let
Barclays keep {EDITED} us all with these charges- keep at it, send the letters warning them of whats to come.. then go for the kill with the claim.
I was quite fortunate- barclays waited till the last minute to file the defence, the questionaire came out from the court to me and I emailed barclays direct to give them one final chance at sorting this out before I had to proceed further- it worked ladies and gents!
So we settled out of court before I even sent the questionaire back to the court for the full amount I wanted.
So my advice to you all:
1. Only claim for 6 years
2. Make sure the amount is under 5k
3. If at all possible- email barclays and see if they will cut a settlement, it may save a lot of time
So here is me, or should I say alter-ego me signing off.
Thanks to everyone who helped- {EDITED: NO NEED TO BE RUDE. MONEY OBVIOUSLY DOES NOT CAUSE HAPPINESS.}
Keep fighting.. you'll get your cash sooner or later!
Good luck.
EDIT: If you need any help from me regarding fighting barclays- feel free to PM me and I will give you my email addy to contact me on further if you need extra help.
Well done ... I am hopefully not far behind you and dont doubt will get the confidentiality clause as well. I am waiting with baited breath for their defence so as to email them and hoefully cut a deal. Would be interested to know what you put in your email.
Once again congratulations on getting back your money.
Many congrats!!
I am still waiting for a reply to my claim they have a week to go now so fingers crossed.
I may PM you nearer the time if that's ok if I get any tricky situations.
Would also be interestd to know what you e-mailed them before filling in the questionaire, it may be the way to go.
Anyway well done mate.
Hi, Firstly can I say well done, it keeps my faith in the saying "What goes around comes around".
Secondly, I too would be interested to know what you said in your email, and how long would you say the whole process took after you placed them in court.
The only reason I ask is that I will no doubt be starting my Money Claim process next Monday and although I have read many of the threads on here it all gets a bit blurred on the time frame.
Ta everso!
Mamma Caz
"Round 'em up, put 'em in a field and Bomb the B******ds"
Particularised Claim 05/10/06
AQ filed 14/09/06
Defenced filed 05/09/06
MCOL served by 05/08/06
Thanks but only if you pay it all let 17/07/06
Offer let received 12/07/06
Letter before Action 04/07/2006
Barclays - Letter of Intent 16/06/2006
Classic Confidence Settled 13/10/06
Classic Confidence LBA 18/09/06
Classic Confidence 1st claim let sent 30/08/06
Classic Confidence - Data Protection Act let 03/08/06
Barclays seem to be very good at getting confidentiality agreements into their settlements. .
I don't think Barclays are any different from the other banks. I think some people just don't have the guts to stand up for what's rightfully theirs and prefer to take the money and run.
Fair enough, I guess, we can't all be fighters. Me personally, it would leave a bad mouth in my taste if I had to kowtow yet again to the people I am suing for the return of MY money.
We have to be careful not to feed a myth that Barclays are any harder then others to fight. They may hold out longer, but in the end, they cave. Just like every other bank.
Apologies to people who I was in the process of helping, I may be gone some time.
Abbey - Prelim sent 17th May £2560.00 + £191.44
LBA sent 1st June
Claim Filed 27th June 3349.90 Inc Interest + Costs
Court Papers Served 3rd July
Claim Acknowledged 10th July
50% Offered 27th July
Settled Out Of Court 1st August £3080.45
Capital One - S.A.R - (Subject Access Request) request 31st July
EDIT: If you need any help from me regarding fighting Barclays- feel free to PM me and I will give you my email addy to contact me on further if you need extra help
Since OP at this point can not be identified as one of our regular users, we would like to warn against any user on here e-mailing or pm'ing any of their personal details. He has appeared under a supposed new ID, and with no details as to his claim, could literally be anyone, from s/one touting for business to a prankster just as much as a genuine claimant.
Since OP at this point can not be identified as one of our regular users, we would like to warn against any user on here e-mailing or pm'ing any of their personal details. He has appeared under a supposed new ID, and with no details as to his claim, could literally be anyone, from s/one touting for business to a prankster just as much as a genuine claimant.
We have been advised that confidentiality is something that can be passed "down the line", so if we are seen to have allowed a user to openly discuss the outcome of a case that was subject to confidentiality, we could theorically be liable to action too. I must therefore remove every post where this has happened.
Hi Bookworm,
I'm pretty sure 'Dark Knight' is this guy. I would stand corrected, but I have been following his previous thread.
Jayne
Abbey - Prelim sent 17th May £2560.00 + £191.44
LBA sent 1st June
Claim Filed 27th June 3349.90 Inc Interest + Costs
Court Papers Served 3rd July
Claim Acknowledged 10th July
50% Offered 27th July
Settled Out Of Court 1st August £3080.45
Capital One - S.A.R - (Subject Access Request) request 31st July
Hi I would just like to say a big congatulations to Dark Knight but I'm afraid I totally disagree with your comments about lack of help from this site . I have found it all invaluable but it takes a lot of reading! Every day I have been sifting thru other peoples experiences and drawn on them 8-) Whenever I have asked a question I have had a reply. A HUGE well done to the team who run it and I just hope I have the same response from Barclays as DK. And I have noted his comments on emailing which I will do if necessary.
Hi I would just like to say a big congatulations to Dark Knight but I'm afraid I totally disagree with your comments about lack of help from this site . I have found it all invaluable but it takes a lot of reading! Every day I have been sifting thru other peoples experiences and drawn on them 8-) Whenever I have asked a question I have had a reply. A HUGE well done to the team who run it and I just hope I have the same response from Barclays as DK. And I have noted his comments on emailing which I will do if necessary.
Thankyou - your comments were most appreciated.
However, I think we are going to disagree about the level of help on here though
If someone runs into problems with a claim as I did, they shouldnt have to sift through 1000's of threads to find an answer for starters which I was told to do- and also I found the help given when it came to claim time crap as well quite frankly.
I cocked up (my fault- however the step by step on here told me wrong as well!) and when it came to the fact that I need advice on what to do next- I was basically ignored for nearly a week and a bit so I was running out of time.
It was only when I PM'ed an admin on here and started a new thread out of desperation when I got some help.
And thats one reason why I will only be donating a smaller amount to this site.
Please feel free to PM me for my email addy if you need any help as I would like to help everyone through with their claims if they need help and advice and also a morale booster as it does get daunting I found when barclays comes back with a defence.
If someone runs into problems with a claim as I did, they shouldnt have to sift through 1000's of threads to find an answer for starters which I was told to do- and also I found the help given when it came to claim time crap as well quite frankly.
Unfortunatley as this site free and run by mods and site helpers
I have posted several times and had no response it is not that your being ignored just that with so many users the threads change really quickly and without full time staff to monitor every post occasionally you post is missed
If I have a particular problem and get no response I have pm'd others who have been in a similar position and mostly are only to happy to help
With regards to crap advise nobody on here claims to know every thing so any
advise taken should be checked out to confirm its correct
Barclays seem to be very good at getting confidentiality agreements into their settlements.
you were aware you could only claim for 6 years before submitting the claim .
Hi
Without giving out the total amount just in case- lets just say its in the £2k-5k bracket!!
Again- the step by step does NOT say anything about the 6 years limit- which needs to be rectified ASAP before anyone falls into that pitfall like myself.
All due respect to yourself- its ok saying you were aware of the 6 years limit- no I was not at all.. its only recently a new sticky has been added about the limit and I wasnt about to spend my time sifting through thousands of posts to find the answers to be honest- a lot of people dont have that much free time to do that.
Which is why this site needs a new step by step doing.. one that is deadly accurate.
Unfortunatley as this site free and run by mods and site helpers
I have posted several times and had no response it is not that your being ignored just that with so many users the threads change really quickly and without full time staff to monitor every post occasionally you post is missed
If I have a particular problem and get no response I have pm'd others who have been in a similar position and mostly are only to happy to help
With regards to crap advise nobody on here claims to know every thing so any
advise taken should be checked out to confirm its correct
As much as I found this site a help for the info and materials I needed, I still cocked up even following the step by step to the letter.
And then- the bit that really riled me - was the new thread started by an admin.. regarding people making mistakes which I thought personally took the proverbial pish- I wasnt very happy reading that.
I understand that the site is run by volunteers and such forth and everyone cannot be anywhere so- and this is me offering my time and services to people.
If people need help- then they can PM/email me in private and I'll help them out.
Its a scary thing to go through taking a major bank to court - its even more scary when the site thats supposed to be helping people out, takes a long time to help people even though my thread was at the top of the Barclays list for a long period as well.. so I am offering my services to people if they need advice and help and even someone to chat to if they need a morale booster with this.
So- my offer of help is out there to people who need it.
PM me and my email addy is yours if you need help.
Again- the step by step does NOT say anything about the 6 years limit- which needs to be rectified ASAP before anyone falls into that pitfall like myself.
With all due respect to you, the FAQ, which is the very first thing we tell people to read when they join, says this:
Q. Can I claim back for more than 6 years?
A. Maybe. There is a separate thread on this in this forum.
So, whereas I may accept that you didn't get answers as soon as you asked, that one can not be laid at the site's feet. Sorry.
In the end, this site is about self-empowerment. But thanks for offering to help and encourage others. If it means one more person gets through with it, that's the main thing.
Apologies to people who I was in the process of helping, I may be gone some time.
With all due respect to you, the FAQ, which is the very first thing we tell people to read when they join, says this:
and then 2 threads down:
You mean the 1st part where it says: can I claim back more than 6 years-
The answer MAYBE:
Maybe is not good enough- yes or no is what I was looking for.
Maybe says to me, someone does not know the definite answer
Then the 2nd thread- fair enough, read through that and its still not a definite yes or no.. AND.. on my thread that I started in april when I started this whole thing- when I cocked up, Bankfodder jumped on the fact that I had gone for 12 years and not 6??? whereas on the thread he started- he didnt give a definite yes or no answer??... as I said.. people need to know a definite yes or no for the 6 years ruling.
I would say- dont do it.. just go for the 6 years.
On my defence from Barclays it says this: The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges alleged by the claimant to have been applied to the account between 31 May 1994 and 30 May 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act of 1980.
So reading that- you cant claim back more than 6 years.
Thats my advice to everyone claiming.
If Barclays didnt pull up the fact that I've claimed for 12 years instead of 6 then I would say that the 6 years rule was false.. the fact remains they used this in a defence, so I think its correct.
So, whereas I may accept that you didn't get answers as soon as you asked, that one can not be laid at the site's feet. Sorry.
In the end, this site is about self-empowerment. But thanks for offering to help and encourage others. If it means one more person gets through with it, that's the main thing.
I asked for help when my questionaire came through- it took me practically begging for help to get some advice... that is the sites fault and it took a PM to BankFodder to alert him to my distress as well.
Self empowerment- very true- however, I find the sites view that we have to dig through a lot of threads to find our own answers laughable seeing as how you are asking for donations but your not giving us the help we need- we have to find it ourselves?
However- enough of my griping.
I've kicked barclays ass- which was what I set out to do.
So.. I want to help other people do the same.
If anyone wants help- here I am.. just a PM or email away.
You mean the 1st part where it says: can I claim back more than 6 years-
The answer MAYBE
It doesn't say "Maybe", it says "Maybe. There is a seperate thread on this in this forum."
Originally Posted by Dark_Knight
Maybe is not good enough- yes or no is what I was looking for.
Maybe says to me, someone does not know the definite answer
It's not as simple as yes or no - if you read the thread you will out more about this.
Originally Posted by Dark_Knight
Bankfodder jumped on the fact that I had gone for 12 years and not 6??? whereas on the thread he started- he didnt give a definite yes or no answer??... as I said.. people need to know a definite yes or no for the 6 years ruling.
The advice is to claim for the 6 years in the first instance, then do a second claim for the older charges to avoid jeapordising your main claim.
Originally Posted by Dark_Knight
On my defence from Barclays it says this: The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges alleged by the claimant to have been applied to the account between 31 May 1994 and 30 May 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act of 1980.
Your defence probably also stated a lot of other nonsense which wouldn't win their case in court.
Originally Posted by Dark_Knight
So.. I want to help other people do the same.
If anyone wants help- here I am.. just a PM or email away.
Alternatively users have the option of reading through the FAQs and other material available on the site, then posting a question on here and getting help and advice from over 45,000 users, rather than sending a PM to a single person who doesn't appear to have read the FAQs.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Settled out of court v Barclays!
which we have now settled out of court on for the full amount.
Re: Settled out of court vs Barclays!
Originally Posted by karnevil
, brilliant result. 
Re: Settled out of court vs Barclays!
We have been advised that confidentiality is something that can be passed "down the line", so if we are seen to have allowed a user to openly discuss the outcome of a case that was subject to confidentiality, we could theorically be liable to action too. I must therefore remove every post where this has happened.
Well Done but Don't Quite Agree!!
. I have found it all invaluable but it takes a lot of reading! Every day I have been sifting thru other peoples experiences and drawn on them 8-) Whenever I have asked a question I have had a reply. A HUGE well done to the team who run it and I just hope I have the same response from 
which I will do if necessary.
