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.
If you have been successful in your claim with Barclays but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.
This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue Barclays themselves.
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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
I think this is very important! Barclays today offered me the full claim back. However, the full amount I am now owed is double that due to yet more charges (Im moving house etc) and the interest I didnt add initally. I must send my court bundle today if you think I have a chance getting the whole lot back in court...
As far as i am aware, you wuld have to start a new claim for yet more charges, the term vicious circle is what applies i think!! I am still waiting for settlement from Barclays.
You may be lucky and be paid sooner rather than later - I am still waiting for Barclays/Woolwich to pay up over 6 mths now. Still waiting for court date from Judge, its been with him 7 weeks!!!! So dont hold your breath - I have had one communication with Barclays offering me half of my claim in Nov, declined it and thats been it.....still waiting....this is my third claim, others paid up last year and one of them had imposed charges 4 times since and paid up with just one phone call each time. It just depends on the bank, Barclays is fast taking over Abbey as the crappiest bank in paying up that ran to 8 mths for me!!!
thanks for coming back to me. Not holding out much hope for a quick solution, think I started all this in September time. Got an offer letter offering £590 but declined and carried on with proceedings. Am a bit concerned if they do defend as to what to do then but they've got another 28 days yet so time for me to find out what next. Any help gratefully recieved. thanks again
Dont worry - every bank gives exactly the same, word for word almost!! You will get their defence usually stating all the usual stuff about being fair and transparent etc etc, take no notice this is normal, then you just have to wait more! You may be lucky and get the full offer at this stage but mostly you wait for the allocation questionaire next(if you have been paying this will cost extra)from the court, quite easy to fill in, then you wait for quiet a while, sometimes the banks dont send them back too quickly even though the court gives a deadline - it means nothing, i waited just over 10 weeks got my court date today for mid april!!!!!!! Once you send aq back it goes to the judge who then issues a court date, the banks pay up before this though so dont panic, there is quite a bit of paper work to get to the court when you receive court date -BUT DONT WORRY AT THIS STAGE ABOUT THAT again its quite straightforward. Someone I know did actually have to go to court but this was the multi track court and it was for nearly £20,000 but she still got her money but she was also claiming for distress and inconvienience which they threw out.
Its just the wating which is a real pain - funny just checked my offer from them and it was exactly the same as yours!!! I have done this a few times now and so dont bother to keep checking post etc as it just gets you down, when the cheque comes - yipee till then get on with your life.
I have also posted this on my "the last knight vs Barclays" thread.
I had not heard about a court date and I have waited about 3 weeks - I decided to contact the online court people who put me in touch with my local court - I asked them how long it would take to receive a court date and they stated they were waiting for the N146 form from me and that it should have been returned by the 10th of Jan - They said it was in the letter sent to me by the online court people - However I had not received this letter - In phone calls to both my local court and the online court they have both said if I do not get this info in in time my case could be Stuck out and I can not continue with it - This seems pretty harsh to me as I was waiting, as far as I was concerned, for information from them - I will get this form to them tommorrow but am told if it has already gone to the judge it may be too late - What can I do?
Well it does seem harsh, I think you just need to be really firm with them and say you have not received it, would the on line people send it through the post or post on line? I have only dealt through the court and always received things in good time, but then I have always rang them to keep asking if/when etc, my aq was due in beg. NOV which I got in plenty of time but 3 weeks later the bank still hadnt, the judge said he would give them an "unless" order which meant it had to be in by a certain date if not if would be in my favour - they sent it 4 weeks after deadline for AQ - the banks seem to have carte blanche and are given extra time. So press them, but get it to them asap, it very rarely the judge looks at THAT quick, it takes at least 2-3 weeks, in each of my cases when i have rang to check progress!!!
I mean 10 WEEKS for my current claim, thats how long it was with the bloody judge so get down there 10th Jan was only last week.
Well it does seem harsh, I think you just need to be really firm with them and say you have not received it, would the on line people send it through the post or post on line? I have only dealt through the court and always received things in good time, but then I have always rang them to keep asking if/when etc, my aq was due in beg. NOV which I got in plenty of time but 3 weeks later the bank still hadnt, the judge said he would give them an "unless" order which meant it had to be in by a certain date if not if would be in my favour - they sent it 4 weeks after deadline for AQ - the banks seem to have carte blanche and are given extra time. So press them, but get it to them asap, it very rarely the judge looks at THAT quick, it takes at least 2-3 weeks, in each of my cases when i have rang to check progress!!!
I mean 10 WEEKS for my current claim, thats how long it was with the bloody judge so get down there 10th Jan was only last week.
xx
I have completed the questionnaire about 2 weeks ago and today received a date to go to court, not something I want to do!!! I have heard that I should ring the bank and ask if they'd like to settle out of court. Any advice what I should do next?
I've never posted anywhere on this site before, but I have been using its fantastic advice to get back the money Barclays have been illeagally taking from me over the last six years!...
For anyone who is going through the process at the moment, here's how my experience went:
I sent the initial letter to Barclays, asking for my money back. They declined.
I sent the 'letter before action'. They offered me an insulting £280 (I was claiming back almost £600) as a "Full and final settlement". Following the advice of this site, I declined.
Their time ran out, so I filed a claim online through the small claims court.
They entered a defence, (the usual word-for-word stuff about being fair and transparent) so I filled out a court Application Questionaire. (Again, guided through it by this site!)
A date was set for the hearing, which happened last week. I attended, to represent myself - Barclays didn't even turn up! The judge awarded in my favour: the full amount, plus £50 interest, plus £80 court fees, plus £50 for loss of earnings for the day!
So first of all I just want to say a huge thanks to everyone involved in the Consumer Action Group, for this fantastic site, and the work you're doing! And to everyone reading this who is in the middle of a claim: keep at it! Even if it goes all the way to a court room, it seems the banks know they're on to a loser, and you will get your money back!
I have received my allocation questionairre today as Barclays have filed their defence against me (all the usual stuff from the sounds of it) but I just want to check about the further £100 I have been asked to pay for the county court. I'm only querying it as I've not heard it mentioned by anyone before (my claim is over £1500 though) plus I've already paid the initial £120 to get the case started on the on-line court system. Will I get the further £100 back?
Hi, I recieved a 1st offer from Barclays bank today for £600 (intial request was sent on 10/01/07), total claim is £1300.00 (with interest £1700.00). Where do I go from here, send another letter to the bank refusing the £600 stating that I require a reply within 14 days otherwise I will persue my claim with courts? If so , do you have a copy of the letter you sent to your bank?
I've got a date to take Barclays to court for Feb 22. I got a letter through telling me to send any papers or evidence I'll be using. I don't know what I should send and time is running out as I've got to do it 10 days before my court date.
I have also been searching this forum and a few people have mentioned phoning the bank around about now to see if they will refund me.
Has anyone done this? If so what do you say? Sorry for all the questions but I'm really stressed and really don't want to have to go to court!
I am of the understanding that you do get it back.
Thats right - All charges relating to bringing the case to court are re-claimable. You just need to watch out when they do cave in and offer full settlement that they have actually added these fees on to the final amount. If they haven't all it usually takes is one last letter to the legal representatives to advise them you accept the offer and will issue the discontinuation notice to the court once the missing fees have been added to the final sum.
I am currently at the position that I am organising my court bundle - I have read through this an understand very little - Should I print this off and send it to the court and the bank adding just my schedule of payments and correspondance - or are there parts in there that I should ommit - Also Do I need to contact the bank by phone and offer them to settle. I ask this because a lot of thread state that they have been phoning the banks. Or once I send my court bundle to the bank is it the norm for them to then contact you?