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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    Taomi Novitiate

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    Default Taomi Vs Barclays - All help greatly appreciated!!

    Hi Everyone

    I am about to start my proceedings and send the first letter to Barclaysicon with the £10 fee.

    I must admit I have read this site for the past 3 days but am still struggling to understand alot of the information, thats due to me not understanding the bank "jargon" very well. I have also read the pages where it explains what things mean but I'm hopeless honestly :-|

    So any help would be greatly appreciated so that I don't go wrong somewhere.

    With reference to the first letter, do I include the big heading of DATA PROTECTION ACT etc on it?

    Similar Threads:

  2. #2
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Also, where do I sent the letter? My branch address or head office? I have read different opinions on here and would like to know what the majority do.

    Thanks


  3. #3
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    Spotted Dog Novitiate Spotted Dog's Avatar

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Send the first letter to your local Branch.
    I would suggest using Recorded Delivery for all correspondence.

    Spotty


  4. #4
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    Taomi Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Thanks Spotty

    I will send the letter off to local branch today. However I will have to send it by first class post as I am not in a position to access the Post Office easily due to work commitments. I will however endeavour to send all future correspondence that way.

    Thanks again


  5. #5
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    Pillowatrick Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Taomi,

    Another course of action would be to takeit intoyour local branch personally. That way, your sure the bank has it. Remember to getsomeoneto sign for it though, that they've received it.


  6. #6
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    Taomi Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Hello again all

    I have now received 6 yearsicon of bank statements but am unsure how to calcuate everything correctly - what am I looking for?

    I have already searched through everything and looked for paid referral fee and totalled up £440 but I have been overdrawn alot more than they have charged me for and so I'm confused. Do they have to note down they have charged me or do I have to scrutinise every sum where I have been overdrawn to see if they have?

    Unfortunately I have no regular net access now as I have broken my elbow and am off work - I'm in today to see the boss and so have been allowed access and will be able to come back in a bit.

    Any advice again much appreciated.


  7. #7
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    Taomi Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Anybody?


  8. #8
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    Taomi Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Gotta go home now

    Looks like I will have to give up on my battle now


  9. #9
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    bearo Highly informative bearo Highly informative bearo Highly informative bearo Highly informative bearo Highly informative bearo Highly informative

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    dont give up, if you are back on and see this just pm me or email me I can help you - sorry someone didnt get to you sooner!


  10. #10
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Hello again and thanks Fastpass for responding to me

    I am back at work and whilst I was off, I managed to gain access to a computer and so was able to proceed with my battle (with the help of a friend who has already done it).

    At present I am at the stage where I have sent lbaicon and now the response time is up (yesterday) and I am starting moneyclaim. I am waiting for my friend to return from her holidaysicon to help me get things right as I still feel clueless.

    What scares me is that when people talk of going to court/hearings etc - is there a possibility that we actually have to go there and speak? If so, I will crumble and won't be able to do it :cry:


  11. #11
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    The chances of you having to make a court appearance are fairly remote. Barclaysicon will almost certainly offer to settle prior to the hearing date. As far as I know Barclays have yet to put in an appearance at a hearing

    Read through some of the other threads with a lot of posts and you will see what I mean.

    Good luck

    Preliminary Letter sent to Woolwich 05/06
    LBA sent 19/06
    Court claim filed 04/07 : Total £824.75
    Acknowledgement of Service 27/07
    Defence received 08/08
    AQ filed 11/08
    Barclays AQ filed 05/09
    Hearing date 20/12
    SETTLED IN FULL £840.49: 14/12/06

  12. #12
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    Taomi Novitiate

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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    I have now set the ball rolling with Moneyclaim

    However over the weekend I received a letter from Barclaysicon offering half of the money owed. Obviously I am not going to accept it.

    However from what I gather from the site, most people get their offer BEFORE they start to issue court proceedings so I am not sure what I do with this, do I ignore the offer or accept it as part payment? Also, do I need to tell them I've issued proceedings and am now claiming interesticon, therefore my claim is more that it was originially?


  13. #13
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Now that you've filed, I would just politely inform them that you have done so but should they wish to settle the matter - in full - that they should credit your account with the capital plus the 8% interesticon plus the court filing fee.

    You can guess the response you'll get can't you!


  14. #14
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Thanks Welshman

    Any ideas on how to word the letter folks?


  15. #15
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Base it on the standard template; Response to settlement offer


    But you could change the last paragraph,
    My letter before actionicon sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

    to something like,
    I would draw your attention to my letter dated XX/XX/XXXX headed "LETTER BEFORE ACTION" in which I stated that I required repayment in full within 14 days to avoid action. I can now advise you that such further action has taken place. A claim has been made out against Barclaysicon Bank PLC for a total of £XXXX charges which I believe to be unlawful together with a total of £XXX overdrafticon interest on overdrafts caused solely by charges which I believe to be unlawful together with £XXX interest (increasing daily) under section 69 of the County Courts Act 1984. This claim is now with the county courticon.

    You might also include your updated schedule of payments showing the 8% interest and the court fees.


    Hope that helps.

    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.

  16. #16
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    Default Re: Taomi Vs Barclays - All help greatly appreciated!!

    Thanks alot



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