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 Parky V Barclays **SETTLED**

    Hi, all printed off and ready to start the process, but have a question.

    The letter says 'I calculate that you have taken £xxxx plus £xxxwhich you have charged me in overdrafticon interest for the sum which you have taken. Total £xxxx'

    but the notes tell me not to ask for the overdraft interest yet.

    What do I do? do I calculate the interest owed, put it in the leter but not on the schedule?

    thanks for your help.

    E

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  2. #2
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    Default Re: Parky V Barclays - help needed!

    The interest you add on the preliminary letter is what you have been charged by Barclaysicon as interest because you were beyond your overdrafticon limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

    Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

    Spotty


  3. #3
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    Default Re: Parky V Barclays - help needed!

    Hi Parky,
    Are you talking about Prelim letter? if so you only add interesticon on if you file a claim (in other words, if they dont refund your charges then take them to court add interest on then 8%) dont add on when requesting refunds at prelim stage. Hope this helps Good Luck

    LETS ROCK !!!

  4. #4
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    Smile Re: Parky V Barclays - help needed!

    Quote Originally Posted by Spotted Dog
    The interest you add on the preliminary letter is what you have been charged by Barclaysicon as interest because you were beyond your overdrafticon limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

    Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

    Spotty
    Thanks for that. Think it will be a nightmare to try to separate what I was charged cos i was over my overdraft limit, and what I was charged cos i was just overdrawn.

    Think I will go ahead with just the 'Paid ref fees' and the 'charge for unpaid items'...which ammount to a lovely £1020!

    Thanks for your help.


  5. #5
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    Default Re: Parky V Barclays - help needed!

    UPDATE:

    letter before actionicon going off today 7/9/06.......

    Bring it on Barclaysicon!!


  6. #6
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    Default Re: Parky V Barclays - help needed!

    Update - receive offer of £520 in 'Full and finalicon' etc....

    so, i now need to send thema letter accepting the money but reserving my right to pursue the outsdtanding. is that right?


  7. #7
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    Default Re: Parky V Barclays - help needed!

    Dead right!
    (there's a template for it in the library)

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  8. #8
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    Default Re: Parky V Barclays - help needed!

    Thanks, found it and getting it sent out.

    By teh way...how can i change the title to this thread?


  9. #9
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    Default Re: Parky V Barclays - help needed!

    You need to send a private message to a MOD (green guys) they will change it for you. Can i just say to all that read the prelim and lbaicon letters that state plus interest in the letter it means overdrafticon INTEREST if they take you overdrawn from a charge and they also apply interest then you CAN claim that back but only if you go into an unauthorised overdraft. The 8% interest is only done at court stages.

    Good Luck. You seem like you are doing fine.

    My advice is only my opinion, I am not a legal expert.

    IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

  10. #10
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    Default Re: Parky V Barclays - help needed!

    Proceedings issued through moneyclaim today...bring it on!!

    Claim now reached £1355.91, inc interesticon and court fees....


  11. #11
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    Default Re: Parky V Barclays - help needed!

    They have filed an acknowledgment of service, but I understand that they still have to admit or dispute the claim by tomorrow (21st) to stop me entering a request for judgment.


  12. #12
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    Default Re: Parky V Barclays - help needed!

    have changed it for you, am persuming you didnt want the help needed bit? Pm me if you want it changed to something else!


  13. #13
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    Default Re: Parky V Barclays

    Thanks Shaz



  14. #14
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    Default Re: Parky V Barclays

    Got the date wrong, cant file for judgement till the 30th....shame.....another week to wait!


  15. #15
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    Default Re: Parky V Barclays

    They filed a defence today....I make that a day over the deadline but thats life i guess...moneyclaim seem to have accepted it and it will be 'transferred to the appropriate court'.

    Bugger.

    Well, no one ever said it was going to be straightforward, so Barclaysicon, if you are reading this....BRING IT ON!!!


  16. #16
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    Default Re: Parky V Barclays

    Even though the claim was transferred to my local court (Uxbridge), and i filed my aqicon in time and all that, I have today received a 'General Form of Order' and the claim has been transferred to the London Mercantile in the Royal Corts of Justice.

    Is this normal? Can anyone help me understand what is going on? How can it be moved to suit them, when i am the 'injured' party?


  17. #17
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    Default Re: Parky V Barclays

    Don't worry about it. They will settle before the date.

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  18. #18
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    Default Re: Parky V Barclays

    Thanks welshman. No date set yet, just really surprised that after being transferred to me local court, they can click their fingers and get it transferred to a different one.

    I will await my court date in that case...thanks for putting my mind at rest!


  19. #19
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    Default Re: Parky V Barclays

    eparkus,
    have you got a date yet for the Mercantile court?
    I'm at the same stage now and my local court is Uxbridge.
    I was expecting this to happen as I'd looked through other people's pathways from Uxbridge and it all led to the same place - Mercantile!


  20. #20
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    Default Re: Parky V Barclays

    Hi Eparkus, the bank havn't had this transferred to Merc Court, it is something the courts are doing because they are fed up to the back teeth with the banks not settling straight away and wasting courts time. The is absolutely no way that the bank wants to go to Merc court as this court can set a precedent - so don't worry, your money is virtually guaranteed now ;-)

    Lula


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