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This is my first posting. I have been through the stages written to Barclays and been offered less than half back, so have now gone down the small claims court route. Saturday was the last day then I could apply for a judgement, but I have received a letter confirming they are going to defend the claim, Is this normal for Barclays?
To be honest i wouldn't worry to much about that. This happens a lot through various banks etc. The likelihood is, it will never make it to court. Read through lots of threads. There are a few in similar situations as yourself.
Been off the site for a while as thing between me and Barclays had stopped.
Here's a quick run down.
9th March 2006 - Requested Statements
4th April 2006 - 1st letter to Barclays asking to refund charges
26th April 2006 - 2nd letter to barclays
23rd May 2006 - Barclays offered less than half as gesture of goodwill
25th May 2006 - Rejected barclays offer
June 2006 - stared small claim route via courts
21st July - Barclays defended claim after extension of 14 days
2nd August 2006 - Returned allocation Questionnaire, asking for standard disclosure to end this rapidly rather than clog up courts. Sent copy to Barclays and with a letter asking them to settle rather than go to court, but letting them know i was prepared to go all the way if need be.
Then it all went quite - I heard nothig from Barclays or the court. But today I get a letter from the court headed " General form of Judgment or Order" that reads
Before DISTRICT JUDGE JACEY sitting at lambeth county court (then full address).
Upon the courts own initiative without a hearing.
IT IS ORDEREDTHAT
1. This matter be transferred to the London Mercantile Court (ST DUnstans House) forthwith.
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Unfortunately I have been out of the loop for a few weeks, but certainly it seems odd for a personal case to be transferred to the MC. The only thought is that the judge is trying to force the issue into a court that can set a precedent.
I would expect a settlement to be made, but this may delay things.
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
This happened to a few cases a couple of months ago. It seems that the judge wants to do it in the mercantile court so that they can settle the issue of unlawful charges once and for all. As I recall, it caused a bit of a flap at the time. My guess is that all this will achieve is that Barclays will settle pronto. The last thing in the world which they want is some sort of show trial focussing on their unlawful charges!
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
I am with Barclays & knew they'd be the stubborn type but yes agree with what others have stated, teh bigger it gets the less barclays really should be wanting to deal with it in court as they are in the wrong!
Believe me, Barclays will be in a much bigger flap over it than you!
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Its a personal case
The claim is for £1680.oo, so should be covered under small claims.
I am in London, originally it was allocated to Lambeth
Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.
Don't worry, a few of us wouldn't miss it for the world!
If you have a search for "mercantile", you will find a thread referring to Elliott. These were the first ones who got transferred to Mercantile. Have a read of the thread (quite a long one, it cause a bit of a stir), hopefully, it will help put your mind at rest. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
LOL...I don't think the court will be big enough to cope with the demand for seats!!
Originally Posted by LIZHAJI
Thank you all your replies.
Its a personal case
The claim is for £1680.oo, so should be covered under small claims.
I am in London, originally it was allocated to Lambeth
Hopefully Barclays will now pay up, if not I will just have to go to court, if that day arrives hopefully a number of you will kindly turn up as well to give me support.
I'll keep you all updated
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
If they held the case at Wembley stadium there would still be a queue to get in !
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Well i am not sure whether i hope you go or hope you dont, having just submitted a claim that is fast track it would be nice if there was case law establsihed the kicked all the banks arguments into touch without me havign to think too hard about such matters.
Anyway heres hoping they do what you want and that its settled.
Glenn
PS ill come if it does go, as long as it doesnt clash with any 'dates' i might have coming up!!
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Liz, I'm going to move your thread out of the Welcome forum and into the Barclays one, and give it a more dignified title. You are not panicking, you are relishing the thought of finally giving Barclays the good kicking they deserve.
Apologies to people who I was in the process of helping, I may be gone some time.
Liz v Barclays - Mercantile Court **WON**
and been offered less than half back, so have now gone down the small claims court route. Saturday was the last day then I could apply for a judgement, but I have received a letter confirming they are going to defend the claim, Is this normal for Barclays?
Reply With Quote
Re: Panic !!
(I will try to help all the same)
Originally Posted by LIZHAJI
