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Tanzarelli V's Barclays 1st one * WON * 2nd one Begins.
Hi all,
Thought i'd post about how things are going with my claim against Barclays.
I telephoned them first asking for copies of my statements which they supplied for the lat 6 years, without charge, which was nice of them, considering all the money they had took me for in rip off charges. I then worked out the total and it came to £1315.00.
I then wrote to them requesting a refund and got the same old same old standard letter from Laurance White, offering without admission and a gesture of good will £700. I then wrote back to them and said that i would not be accepting this and that I would give them a further 7 days as a gesture of good will to refund the full amount and heard nothing back.
I then filled a claim on MCOL after using the spreadsheet interest calculator to work out the 8% and with courts costs it came to £1850.00. I paid the fee and it was deemed served on the 6th Sept 2006. They then had 14 days to acknowlege the claim whit they left until the 15th Sept 2006 to do. Which gave them from the date served until 4th October 2006 (yesterday). On the very last day I checked the status of my claim online and it still said acknowleged. So I rang the helpline and asked if I could start the wheels going for a judgement only to be told that they had submitted a defence that day, which I think is at home now as there is an A4 letter from Nottingham waiting for me. The bloke on the helpline number said it is to be referred out to Worcestershire county court.
Bring it on Barclays I say. I'll keep you all posted.
I thought i'd give a run down of how things are going for me a my claim and appologise for not doing it step by step previously but don't have intenet access yet at home so have to grab 5 mins as and when i can.
I wrote to Barclays back in July requesting £1315.00 worth of charges to which after 14 days they offered me £700.00.
I refused this settlement and gave them another 14 days to settle in full or i would file a claim with the county courts. They Ignored this letter so the next day after the deadline I filed a claim using MCOL. As I was limited to space here I pointed out on the particulars of claim that i would send a copy of a full detailed particulars of claim and a full schedule of claim detailing all charges, to the courts and to the defendant as a hard copy which i did recorded delivery to both.
This was deemed served on 6th September and they acknowleged this on the 15th September, which then gives them 28 days from the day claim served which meant they had until 4th October to submit a defence or to pay up. True to form they entered a defence on the wire on the last day.
Afew day later i received a copy of their defence which to be honest was weak from start to finish. In their first point they said something along the lines that they had no reference to the account (even though this was in the particulars of claim on the MCOL form served to them as well as the one i sent to them and to the court in hard copy).
I thought I would clear up this point (I know I shouldn't have) so i sent them a letter explianing that i had previously sent them recorded delivery the above mentioned documents and gave them date etc and also explained that they were also sent to the courts blah blah blah. I enclosed copies of all these documents and the letter i had sent them previously and at the bottom of my letter I said 'I hope the recifies your mistake'. I have also sent copies of this to the court to be added to my file and have asked them to also send them copies of them again in hard copy. This i thought shouls cover all bases.
I have now got an allocation questionnaire which i will complete and send back to them but feel that my money will be better spent on me until the last minute when I will take it in person to the court, i have until the 23rd Oct so will prob take it in by about 20th. You can gaurantee that Barclays wont submit theirs until the last day.
Does anyone think I am doing things write or am i being a bit over the top??
When I put it in this morning, someone who I know working there said it was better if it was submitted straight away. You never know, they may submit earlier than you expect and you get a pre Xmas date for the hearing.
Re: Has anyone got an email address for Adrian Ruffhead at Barclays?
Thanks Bookworm,
I delivered my Allocation Questionnaie today to Worcester county court and paid the £100 fee. Just got to wait until Barclays submit theirs and should get my hearing date.
Submitted my Allocation Questionnaire yesterday 16th October at Worcester county court, paid the fee and now am waiting for the hearing date. The deadline for the AC's to be submitted is 23rd Oct so you can bet your life Barclay will wait until then.
I was also told by the Court Office Reception that they had had quite a few lately which were settled prior to the hearing, which was encouraging.
She also told me that i would be given time to prepare and submit all the information/documents which i want to use in court. These all neded to be submitted to the defendent prior to the date of the hearing so they know whats going to be used.
Does anyone know if you can use downloaded copies of documents such as Unfair Terms in Consumer Contracts etc or do would it be advisable to Cite them as documents and type up the info you wish to refer to? The reason i'm asking is because i'm worried about copyright etc, especially sitting before a judge. Has anyone got any thoughts on this, or is there something which I could pull from this site which has no copyright implications?
Suggestions would be welcomed.
P.S Hope your all winning the fight. POWER TO THE PEOPLE!!!!!!!!!!!!!!!!!!! !
Thanks for the link to the court bundle, this is really useful. I do however have a question or two.
On the first page where in the document list it says: Latest Schedule of Charges.
Does this mean that i need to do another charges spread sheet as obviously the charges would now have more days interest at 8% since day/date of them being levied to my account?
When I filed my claim onlie at MCOL i added the interest and it calculated this and the fee to give me a total. Do I need to recalculate my total that i am claiming which also includes £100 fee for allocation questionnaire. I have looked in FAQ's but could not see anything about this.
When oyu filed MCOL , the day that you did it you would have done the 8% and put that on your MCOL claim form, so thats the one that you print off and use as your court bundle, in the meantime you have the daily rate (if you put it in) accruing so it doesn't really matter if you don't update the spreadsheet from the day you filed the claim with MCOL
Thanks Olliebear, but what about the £100 fee for allocation questionnaire will I need to update the defendant of this as its another increase to the total amount. I did state something like 0.38% as a daily rate which is what i got from the sum suggested on this site. Because if I don't they will pay the total from the MCOL stage which will include a daily rate increase but not the aq £100?
What do you think? As I don't want them to get away with an extra penny of my money.
Sorry not being about for a while but just been waiting to hear about court date. Telephoned Worcester county court last friday to see if Barclays had put in their AQ. The guy on the phone said yes they had and that a hearing date had been set for 15th Dec.
Oh how I laughed Ha Ha Ha Ha Ha Ha. The guy said whats the matter to which i replied, "That Is my Birthday, what a result".
I wonder if i'll be getting a birthday card from Barclays this year?
However on a serious note I am just wating to have the date confimed in writing from the court as I have not had it yet and thought that was a bit strange.
I emailed Keithy baby at Barclays to see if he wanted to settle prior to court and had no reply. In the email i mentioned that i would also write to him at Lit'n & Dis's, Area 51 (oh sorry I mean Level 29) and also give him this ooportunity. I did write to him on 30th Oct and offered him this chance to settle in full prior to the hearing date. Also that i'd spoken to the courts and they had set a date of the 15th Dec. I then said that if I had not heard from him within 7 days I would presume that i would be seeing him in court.
Tanzarelli - sorry to say but KJ is no longer dealing with these cases...I got an email off him the other day.
He'll probably reply at some point letting you know, and forwarding your email to the relevent section.
We're at the same stage by the way - I called court this morning, and the Judge has looked at my case, and allocated to small claims track. Have to call back later for a hearing date/time!
Can't wait - hope it's before Christmas like yours! Hehe
Tanzarelli V's Barclays 1st one * WON * 2nd one Begins.
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£700. I then wrote back to them and said that i would not be accepting this and that I would give them a further 7 days as a gesture of good will
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Has anyone got an email address for Adrian Ruffhead at Barclays?
Re: Has anyone got an email address for Adrian Ruffhead at Barclays?
Re: Tanzarelli v's Barclays
Re: Tanzarelli v's Barclays
