Thread: Dodderhill V Barclays

I have compiled a schedule of charges today from the statements provided, and completed the Prelim letter, it will be sent off first post tomorrow (17/8/06), the deadline for their reply will therefore be Weds 30/8/06!

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Thanks Martin, special D it is!

I have received a letter from Barclays,dated 22/8/06, in response to my prelim, which I sent on the 17 /8/06. They promise to look into my complaint as soon as possible, and in any case by no later than 30/9/06! I've typed my lba, and intend to send it on 1/9/06, as this encompasses the 14 days for the prelim plus 2 days to allow for the post.

I have received a letter from Barclays dated 11 Sep 2006 making a "Full and final" settlement of £650.00 (almost exactly half of the actual total.)
I will be accepting the offer on the understanding that I will be continuing with my claim for the full amount, and sending a letter to that effect today (13/9/06).

Question! Do I continue with my deadlines for starting action while I'm awaiting a reply to my response to them concerning their offer? I couldn't find any guidance/advice in the FAQ's that related directly to these circumstances.

The 14 days (including allowance for postal times) for the lba expires on Weds 20/9/06

Your guidance/advice would be very much appreciated. Thankyou

You're doing fine. If the 14th day is the 20th, file on the 21st.

Thanks Welsh Man, as is often the case, I asked the question, posted it, then went on to find the answer elsewhere! (In the forms library-letter of rejection).

Thanks again, 21st it is!

I've only gone and done it! Following on from Barcalys refusal to enter further negotiation concerning full repayment of the amount owed they again offered the partial amount as a take it or leave it settlement.
So I have just filed my claim via the Moneyclaim website
The claim number is 6QZ70648.
I think I'm meant to inform someone on this site about this now so I'm going to try find out who and where, if in the meantime you can advise I'd be very obliged.
Thanks

Hi. Go here and scroll down to see the Litigation posts. On the far right you will see a list of names of MOD's. Pick a MOD and right click on the name and send them a PM with this info:

Claim No
Date Filed
Amount charges:
interest:
total:

Thanks Welshman, I've PM'd Bankfodder today.

25 October 2006 Barlcays have acknowledged my claim, they now have another 28 days - Drat!

Now you need to read up on the Allocation Questionaire which is the next document you will receive from the court to complete, there is a template in the library section and a guide on how to complete it, read the longer threads also so you have an idea of what to expect in terms of defence!

Thanks both, I'll do that now.

With just one day to go before expiry of the 28 days Barclays have entered a defence disputing the full amount of my claim, tut!
I'm now waiting to be notified of location etc.

I have now received the N149 and completed it in accordance with the advice on this site (thank you). The case has been transferred to my local court, and I have until the 29/11/06 to return the form and pay the fee, if applicable.
For the information of all interested parties I shall precis their defence which is in 9 bullet points
1.That I haven't provided details of the precise charges alleged, they are putting me to strict proof etc.
2.Their standard terms and conditions give me a "fair and transparent view" of their terms and conditions.
3.If I'm claiming any breach is a "liquidated damages clause" then they deny that aswell, the charges constitute payments that I agreed to make under the terms and conditions of my account.
4.They deny that the principles applying to liquidated damages are relevant or applicable to the facts set out, and that any charges constitute unlawful penalty charges.
5.Therefore it is denied that any charges were unlawfully debited from the account.
6.If I have gone into unauthorised overdraft then that's my fault!
7.It is averred that the charges and interest are lawful, and that they are entitled to apply them.
8.They deny being liable to my claim, but if they were, and they deny this, they would not be liable for any occuring before 9/10/00 due to exhaustion ( I know the feeling! )
9.Even if they were liable, which they deny, they have nonetheless suffered loss and damage as a consequence of my breaches and "will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant"
What do you think of that then? Is this fairly standard, or is there anything to cause real concern? I'm not sure about the italicised bit in point 9 if anyone can enlighten!?
Many thanks. D

I've been sitting on my completed aq just pondering the while, you know! I'm glad I have, because in the meantime I've found some further good advice from this site from the esteemed BookWorm. I will be dropping my AQ off at the court tomorrow 22/11/06 together with a copy of the update charges schedule, and then I shall send B******s a copy of both, see if that stirs any reaction. Fingers crossed!! Dodderhill.

Doh!! Just phoned my local court to find that B******s have returned their aq today, which is literally the last day on which they could have done so! So now we wait for he court date, and I start to bundle me bits together! (being a lazy sod, and a hugger of trees, I was hoping to avoid ordeal by bundle! ) Oh well, non illegitimi carborundum est!

I have received notification that my case is suitable for the small claims track, and will be heard on 14/2/07 (a significant date!! ). The district Judge thinks it should take no longer than 2hours! Is this a long time? I've seen on others threads that as little as 10 minutes have been allocated! I've nearly completed my bundle, and intend sending them off sooner rather than later in the hope of moving things along, as it seems a long way off at the moment.