Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Thumbs up Chell1981 v's Barclays **SETTLED**

    I sent off the letter requesting a copy of my bank statements last week with the £10 postal order enclosed, i then had a letter saying that i didnt need to pay and they returned the postal order, a day later my statements arrived and after going through my bank statement copies from 2000 i have worked out the 'charges owing to me'

    I have now entered all the dates and charges applied to me in the spreadsheet and along with the letter from the 'library', i am now ready to post it in the morning!

    I hope they will be as quick to reply as they were in the first instance!!!



    Chell

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  2. #2
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    Default Re: Chell1981 v's Barclays

    I hope they will be as quick to reply as they were in the first instance
    Unlikely, I'm afraid. Barclaysicon are notorious for being as awkward as possible, and for dragging things out as much as they possibly can.

    Stick to the plan however, and push them all the way, and you can't lose.

    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.

  3. #3
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    Default Re: Chell1981 v's Barclays

    Exepct standard letters right up to county courticon stage, you may get an offer of settlement but all the letters you need to deal with this are in the templates section, in the meantime read the longer threads in here to giveyou an idea of what to expect in terms of response from your friends at Barclaysicon. Don't adhere to their timetables! Stick to your own!
    Any questions do a search, if you can't find your answer just ask and someone will help you! Stick to all that and you simply cannot go wrong!



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    Default Re: Chell1981 v's Barclays

    I sent my 2nd letter off on 17th October, with a list of the charges owing to me, they have still not gotten back to me, so it has now gone over the 14 day waiting period, do i resend the letter and copy of the charges again??


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    Talking Re: Chell1981 v's Barclays

    When you say second letter, do you mean the prelim letter or the LBA? I have read your thread and you havent mentioned sending the Preliminary Letter.

    If it was the prelim letter that you sent, and they have not responded within the 14 days then you now need to send the letter before actionicon (LBA).

    You will find all letters in the templates libraryicon, you might also want to read up on the FAQs which really helps you understand the step by step process.


    emz


  6. #6
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    Default Re: Chell1981 v's Barclays

    I've sent the preliminary letter asking for my charges back and enclosed a copy of the spreadsheet, this was sent on 17th October and i havent heard anything back at all, i am now assuming i send the lbaicon letter again with a copy of my charges, they then have another 14 days to reply? i have been reading through all the posts on this thread and it seems Barclays dont pay you back without a fight, its all very confusing really and wouldnt know what to do if i had to take it to court so am hoping it wont go that far, Like an idiot i didnt save a copy of my spreadsheet so i am now going to have to do it again so that i have it ready for the next step, the whole interesticon that has to be added on for both yearly and daily is something i am not looking forward to working out!!

    if all the above is correct and i am sending the right letter, i will let you know when i get a reply!


  7. #7
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    Default Re: Chell1981 v's Barclays

    Forgot to mention, i sent the last letter recorded delivery so i know it got there, the address i am sending it to is :

    Customer Relations
    Barclaysicon Bank PLC
    1 Churchill Place
    FREEPOST
    London
    E14 5HP


    Is this right?


  8. #8
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    Default Re: Chell1981 v's Barclays

    or should it be:

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


  9. #9
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    Default Re: Chell1981 v's Barclays

    ..


  10. #10
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    Default Re: Chell1981 v's Barclays

    Ok i have recieved an offer from Barclaysicon, its half the amount of what i originally claimed for, WHAT DO I DO NOW? they have sent a form for me to sign if i am willing to accept the offer, however after reading the threads on here i am a bit dubious to carry it on any further, and am considering taking the money and running, they havent threatned to close my account and have been quite prompt with their replies, i have read through all the 'guidelines' for the several stages of claiming and although i would stand to get double what they have offered me (poss plus interesticon) i am not sure if i could take it to court and 'keep up' with all the goings on, a lot of people on here seem to be having trouble with barclays, well at present i have had no trouble from them at all, I have signed the form and its ready in the envelope to send, i just need to make the decision as to whether to post it??????


  11. #11
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    Default Can someone just advise me on....

    If i decided to take it further can i now ask for the interesticon? as when i sent my original letter with the list of charges i didnt include any interest so is it now too late to ask for the interest?


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    Default Re: Chell1981 v's Barclays

    2 threads merged, please stay on one thread per claim.

    Why are you dubious to carry it further, when every single person who stood their ground got 100% of their money + court fee + interesticon ? :-?

    I'll say this for Barclaysicon, they drag their feet for as long as they can, but they don't really do dirty tricks like some other banks I could mention.

    Stick to your guns, stick to the tried and tested methods, and you'll get all of your money back.

    Apologies to people who I was in the process of helping, I may be gone some time.

  13. #13
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    Default Re: Chell1981 v's Barclays

    Hello

    First of all, you have to ask yourself if you are happy with the amount you have been offered.

    If you are, then accept it and enjoy it.

    If not, then send the rejection letter here http://www.consumeractiongroup.co.uk...ent-offer.html

    I know what I would do, but I am not you and only you know what you want. I can tell you, however that you will get it all back if you carry on with your claim and you are also entitled to claim interesticon too. Furthermore, we'll all help you - you are not alone.

    Consider this.

    Why would Barclaysicon offer you even so much as one single penny if they did not have to?

    Also, read here http://www.consumeractiongroup.co.uk...ich-successes/

    And see some of the others who got it all back.

    Keep us posted on whatever you decide and please come back and ask any questions you have.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received

  14. #14
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    Default Re: Chell1981 v's Barclays

    i have printed off the letter to reject so now its just a case of deciding, i guess the way i am thinking at the moment is that its christmas and the money they have offered would come in very handy and it will be put into my account within 7 working days, however i am not satisfied that i am only being offered half, i have printed off the rejection letter, do i have to include a list of charges in this again? and do i put on the interesticon i 'will' be claiming if they 'do not pay up'


  15. #15
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    Default Re: Chell1981 v's Barclays

    The next stage is for you to issue a claim through the Courts. For this you use an N1 Claim Form, this is here http://www.consumeractiongroup.co.uk...-claim-n1.html

    You do add interesticon and costs at this stage.

    No more letters after this rejection letter - if they do not reply within a reasonable period, for example, 7 days, issue a claim - you have already given them lots of time.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received

  16. #16
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    Default Re: Chell1981 v's Barclays

    I have just checked the website for the charges will it really cost me £120 to initiate a claim in the small claims court?? the total they owe me before interesticon is £1,800
    I have printed off the rejection letter and a list of charges including interest do i now add to the rejection letter that they have 14 days to respond to my rejection otherwise i shall be proceeding to file a claim with the small claims court which will then include 8%interest and my court fees??


  17. #17
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    Default Re: Chell1981 v's Barclays

    This is the rejection letter i have printed off, the bit at the bottom in pink is what i have added does this sound ok?



    Thank you for your letter dated **th November 2006
    I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £*****I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county courticon claim if necessary.

    I have included a copy of my list of charges with this letter, I would also like to make you aware that if I have not received a reply from you by 04/12/2006 (14 days) to which there will be no extension to this timescale then I will be proceeding with a court claim and I will also be claiming the 8% Apr shown on my list of charges as well as my court fees .

    I trust this clarifies my position.






  18. #18
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    Default Re: Chell1981 v's Barclays

    I just wanted to ask has anyone as yet refused the banks initial offer but also said they are willing to accept a minimum of x amount to save it having to go to the courts?? and in the long run costing them more? thought i might try that approach next?


  19. #19
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    Default Re: Chell1981 v's Barclays

    The banks are much more afraid of court than you should be, as evidenced by the figure of £4,204,704 refunded to 3619 people on this site alone with not a single case being heard in a Court.

    I would give them 7 days in your rejection letter, you have already given them 14 days in your prelim and a further 14 days in your lbaicon - if they have still not paid you, then sue them.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received

  20. #20
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    Default Re: Chell1981 v's Barclays

    The question that i asked was....... has anyone declined the offer but given them a figure that they are willing to settle for thats less than the original claim, (eg) claim for 1000 they offer 500 you agree to settle for 800

    If so what was the outcome?



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