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.

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Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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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.

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  1. #1
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    Smile Dene vs Barclays ********WON******

    hello. in the process of trying to claim back the charges. but have a couple of questions.

    story so far...
    1/10/06
    sent Subject access requesticon letter from the library.

    4/10/06
    received a letter from a one Peter Townsend returning the cheque and basically saying the statements would arrive soon.

    part of the letter threw me a bit but im hoping this is just a standard thing they send out now...
    Quote Originally Posted by Peter Townsend
    As regards your mention of "manual intervention", the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore in the context of managing of day to day transactions arrising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the Data Protection Act. Whilst aggregated information is retained for statistical purposes, this would not constitute personal data under the Data Protection Act and therefore would not be covered by a s.7 Data Protection Act Subject access requesticon. For the avoidance of doubt the fact that we do not generaly record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention"
    I find that last bit slightly worrying? should i be worried by this?


    so anyway. today
    9/10/06

    Received 3 envelopes stuffed with statements.

    we have gone through them noting the Paid Referals, Unpaids Out and Unauthorised OD fees and entered them into the Basic Bank charges spreadsheet as found here...
    http://www.consumeractiongroup.co.uk...eadsheets.html

    Its giving a total of £2810.00 back as far as Nov 2000 with an 8% interest of £534.48

    Im a little confused as what to do next. Do i just enter these two figures into the preliminatry reproach for payment letter as shown here?
    I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdrafticon interest for the sum which you have taken. Total £XXXXX .

    Hope someone can help me with these couple of questions so we can take this to the next stage.

    thanks
    dene

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  2. #2
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    Default Re: Dene vs Barclays

    Good afternoon. Your next step should be to send the schedule of charges spreadsheet. You need to make sure that you aren't chasing the 8% interesticon at this point. This only comes into play if you file on money claim. The interest that is mentioned at this point is the interest you have aacrued whilst you have been overdrawn due to the bank stinging you with charges. Also, I amended the spreadsheets once I had entered the data and made two copies of it. One with the 8% when you file and one without for now. Print the one without 8% on now and enclose it with your polite preliminary request for payment. Hope this helps. If I have helped, please click on my scales!! Good luck, let the quest begin

    If you think I have been any help at all, click my scales, go on.... You know you want to!
    LLoyds: (Husband) - *Settled in full* 20/12/06
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    Capital One: - *Settled in full* 02/02/07
    MBNA: - *Settled in full* 30/01/07
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  3. #3
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    Default Re: Dene vs Barclays

    Quote Originally Posted by Dene2
    Its giving a total of £2810.00 back as far as Nov 2000 with an 8% interesticon of £534.48

    No. What you do is edit the text to:

    "I calculate that you have taken £2810. I am enclosing a schedule of charges ..... etc"

    unless you are claiming the interest they have charged you. Don't get confused with the 8% interest. That's not in the game at this point. I think I can safely say that the majority of people don't go for the interest charged in the statements as it's abit fiddly to work out. But, that's up to you. I didn't because in my case it didn't add up to much.

    When you print out the schedule, you should "set print area" in the excel spreadsheet but don't include the "days since offence" and "Interest @ 8%" in that area.
    dene
    Good Luck, but, if you need any clarification, ask here.

    If you're happy with the advice, click on the scales on top right of this post.


  4. #4
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    Default Re: Dene vs Barclays

    ok thanks for your help

    10/10/06
    Letter for preliminary approach for payment sent this morning recorded delivery

    will post up when i hear something back.


  5. #5
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    Default Re: Dene vs Barclays

    14/10/06

    Received what appears to be a standard letter saying they will try to get back to me within 8 weeks!


  6. #6
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    Default Re: Dene vs Barclays

    Standard garbage; ignore it and stick to your own schedule.

    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.

  7. #7
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    Default Re: Dene vs Barclays

    30/10/2006

    letter before actionicon (LBA) sent.

    starting to feel a bit nervious now


  8. #8
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    Default Re: Dene vs Barclays

    Don't be nervous - it is a bit scary taking on such a huge company. You are not the first remember, many people are going through this with you and you can follow the threads of those in front of you.

    Just stick to the step by step guide and hold your nerve and be patient. It wlll take a long tme.

    Spotty

    Statement request 4th May
    Prelim Letter sent 24th May
    LBA 7th June
    Thanks but no thanks letter sent 22 June
    MCOL 22nd June
    Claim acknowledged 26 June
    AQ sent 2nd August
    17 Nov Court Date Set for 29 Jan 2007
    Settled in full 12/12/06

  9. #9
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    Default Re: Dene vs Barclays

    7/11/06

    Ok received a letter from Head Office Customer Relations...

    May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have refered to elements which you feel support your claim. Barclaysicon is aware of the information you have drawn to out attention. I must inform you, however, that we disagree with your view.

    When an account is opened with us, our customer is provided with a copy of the terms and condition relating to the use of their account including details of our charges.
    This information clearly explains our obligations to our customers as well as their obligations to us. If we make any changes to the terms and conditionsicon we provide details of these changes to our customers in line with the Banking Codeicon. Details of our terms and conditions along with our charging tarriff can be obtained at any of our branches or via our internet site www.woolwich.co.uk/barclays.co.uk.

    Despite my comments above in relation to your views, on this occasion, and without any admission of liability, I am willing to offer the sum of £1000 towards the total amount you are seeking. This is with the cost of inconvenience inherent in a further dispute in mind and is intended as a gesture of good will, in Full and finalicon settlement of your complaint.
    So I send a letter back accepting the £1000 as a part settlement but say will be still going ahead with the claim for the rest?


  10. #10
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    Default Re: Dene vs Barclays

    also noticed that the web address they give for the terms and conditionsicon isnt a valid one.


  11. #11
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    Default Re: Dene vs Barclays

    9/11/06
    Sent letter as response to offer of £1000 rejecting it as a Full and finalicon settlement.

    Ok so now with the dealine coming up. I need a few things clarified if someone would be so kind.

    When I make a claim using MCOL on the website. What happens next?

    do i need to send a copy of schedule of charges (including 8% interesticon) to BOTH the MCOL people and to Barclaysicon bank? If so what addresses should these go to?

    Is there anything else i need to send or do at this stage? Im sorry if these are FAQ's but ive read through the site and i think ive confused myself by downloading the Court Bundle found in the library. Just want to make sure im 100% on this before going ahead.

    thanks again


  12. #12
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    Default Re: Dene vs Barclays

    You now need to produce a schedule that includes the 8% interesticon and you should, after filing your claim with MCOL, send one copy to MCOL by post, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

    Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

    Here are the addresses:

    Barclaysicon Bank PLC
    Litigation and Disputes team
    Level 29
    1 Churchill Place
    London
    E14 5HP



    The Court Manager
    Money Claim Online
    Northampton county courticon
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH


    Take one step at a time, and you'll be fine.

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

    Welshman

  13. #13
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    Default Re: Dene vs Barclays

    ok thanks for clearing that up. will get it all ready now for the MCOL deadline.


  14. #14
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    Default Re: Dene vs Barclays

    well..just went to fill in the MCOL form and was amending the one found in the library when i noticed

    the first item in my schedule of charges is now 6 yearsicon and 1 day ago!

    should i ammend my schedule of charges accordingly (inc claim totals etc) or keep to my original schedule?

    a quick reply on this would be appreciated as i'll hold off filling in MCOL until tommorow night.


  15. #15
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    Default Re: Dene vs Barclays

    No. Your claim started when you first sent the S.A.R. letter to get your statements.

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

    Welshman

  16. #16
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    Default Re: Dene vs Barclays

    so, just registered my claim with MCOL and paid the fee.

    As i understand it now i need to PM a moderator with my claim number etc??

    And now i should start getting my court bundle together? ie making copys of all the statements i received from my SARicon??

    no going back now :o


  17. #17
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    Default Re: Dene vs Barclays

    Hi Dene

    Good Luck you are only two days behind me my MCOL claim was issued on the 15th

    If you want to follow my thread see Peter Rabbit V Barclaysicon

    Peter

    PETER RABBIT V BARCLAYS Settled in Full 05 March 2007






  18. #18
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    Default Re: Dene vs Barclays

    6/12/06

    Received Acknowledgment of Service from Northamton couty court today. The Deadline was the 6th!!

    so as i understand it they now have until 20th December to submit a defence? Being that the claim was deemed to be served on 22nd November?

    Do i now just wait and see what happens? or is there something else i should be doing over the next couple of weeks? ie I havnt done the court bundle yet so should i wait for them to file the defence or start this now?

    thanks


  19. #19
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    Default Re: Dene vs Barclays

    Hello again bit of urgent help please...!

    Barclaysicon were deemed to have been served 22 nov. 28 days deadline takes it up until today!!

    Haver received nothing from Barclays since the aknowlegment.

    So do i go ahead and start judgment on the MCOL site?

    Bearing in mind the aknowlegment may be stuck in the christmas post?

    a quick reply of someone would be a great help as i can then go ahead and start judgement (im inclinded to do it anyway mind)

    thanks


  20. #20
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    Default Re: Dene vs Barclays

    If, by now, the MCOL page doesn't show "defended", try clicking on the judgement botton after midnight tonight or in any case before 9am tomorrow and see whether it lets you do it. If it does, it will be dealt with tomorrow. If not, the court may have a backlog of paperwork and it's maybe because of this that they havn't got to the bottom of the pile yet.

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

    Welshman


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