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.
Firstly thank you all for contributing to this forum, it has given me a really confidence boost to claim my money back and everything I have been read has been extremely useful!
I have sent of my first letter and my spreadsheets and everything has been fine. I have now received a letter from Barclays: They are saying how sorry they are that I think the charges are unfair, theyve also gone on about the terms and conditions of my account. They then make me an offer of £735 - a goodwill gesture in their eyes. They have also sent a form which I must sign and send back if I wish to slaim their offer.
I think the next stage is to send the lba - is this correct??? The reason I ask is that the LBA template starts of by saying 'I am disapointed that you havent replied'. But they have replied with this offer, so i'm not sure if this is the right letter or not. I also am not sure what happens after I send this letter.
I am really sorry to ask this, as I know the answer will be here somewhere, I have looked but because i'm a durrr I seem to be going around in circles and confusing myself!!!
I thank you once again for everything about this forum, and hope someone can put me on the right direction again!
The lba says that 'you have not replied positively' i.e. they haven't offered to pay up in full.
If you go to the library there is a template letter with an amended LBA saying that you accept their offer only as part payment and if you don;t get your your money back in full within 14days you will take Court action
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
Hi there! I have sent off my lba last week and have been waiting for the 14th day to come so as that I can send out the court letter. All was fine, until this weekend! On Friday I received a letter from Mike Brophy at Barclays thanking me for my letter and then he goes on to say how sorry he is that i'm unhappy etc etc. But I've already recieved an identical letter weeks ago!!! And yesterday I received ANOTHER offer! This time the offer is £780, whereas the last one was £735 - so at least its gone up a bit!
I'm just a bit unsure of what to do now, as I feel I may start going round in circles if I send out annother LBA. It has also crossed my mind whether I should accept both offers - the first £735 and yesterdays £780?! Or maybe I can only accept one anyway?! Has anyone else had a double up letter? Do you think I should send another LBA, or still send the court stuff out next Thurs (when the 14 day period is up) as planned?!!! Any help would be very gratefully recieved cos i'm confused.com at the moment!!!
Barclays probably can't tell their a*se from their elbow. The poor dears are snowed under.
Don't take any notice of their paltry offers. File with MCOL on your timescale - any other response will only delay your payout, which is going to take a long time.
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
I've just filled in my MCOL, however i wont be able to file it til Friday (pay day!) as the court fee is £120 - will it be ok to send it then do you think? Just that i've got no way of getting £120 til then.
Also - when I file the claim on Friday, has anyone got an idea of how long roughly it will be til my money comes through? Is it a matter of weeks, or could it on for months?
I have also been getting the exact replies some addressed to me and some to my hubby but they are just trying to stall things so I am going ahead with my claim in 7 days time and not a moment later.
I am a bit behind you and don't have that much experience yet but just a thought really. Who can afford to pay the court fees after all the charges we have received over the years let alone this time of year and I know I shouldn't encourage you but I will be putting my £120 court fee straight on a credit card so that I can get it through on the exact date. At the end of the day WHEN our money is credited back I can pay it back off the card then and at least it gets you forward that bit quicker. If you don't or can't do that then a delay is not going to hurt I don't think, it just means Barclays get a bit longer.
From the info I have been reading up on we are still quite a few months off at this stage.
Thanks for your thoughts. Unfortunately I havent got a credit card, so I think it will have to be a wait til Friday - but, like you say, I don't think it will hurt that much either, it's only a few days afterall!
I wish you all the best in your claim too - hopefully it'll be a springtime windfall then!
I've done the MCOL bit, and today I have received a 'Notice that acknowledgement of service has been filed', and it seems that the defendent now has 28 days to file a defence. Do I have to do anything now, or will it become self explanatary in 28 days? Does this mean that my money will come through in 28 days then, or will there be more things to do after that time? The defendeant is Adrian Ruffhead - anyone else had their form signed by him?! The other question I have is that for some reason the name of the court is Northampton - does this mean that I would have to travel to this court or do you think they would transfer the case to my local court, if it goes that far of course (which it hopefully wont!)
I have recieved a letter from the courts today - a Notice of Trannsfer of Proceedings, along with the allocation questionnaire. The questionnaire seems pretty straightforward, but I will have a look through this forum over the next few days to see if I can gather any useful tips!
I've just one concern that I hope some one might be able to help me with though. The letter says that I have got to pay a court fee of £100 when I hand in my questionnaire. I've already given MCOL £120 when I filled in the online claim against Barclays - I though this was the court fee, or would that have been something else?
I would be so grateful if any one could help shed some light on this!
Hi RP - just a quick thought , is your claim under 1500? If so i don't think you have to pay the £100 aq fee.If its above then you do.
Regards Sandbag.
Thanks for that - however my claim is now a whopping £2200!! So, thinking about it, the £100 is worth it!! I'm going to crack on with my aq tonight and hopefully Barclays will hurry along with there's - yeah right!!
UNBELEIVABLE!!!!!! I've just checked my online Barclays account, and they've only gone and charged me another £30!!!!!!!! The swines! I am too late to add this to my claim I think as I am about to deal with my (hopefully) friendly judge! However, I am going to claim against them again once this one has been settled - no way are they getting away with it! Wouldn't you have thought that they would've not tried to rock the boat any more with me!! Bless the dumb fools, ha ha!
same thing happened to me just before christmas.
went 20 quid over the overdraft ,got charged 30 quid so was then 50 quid over the overdraft.4 hours later 2 weeks wages went into the account.
phoned Barclays to explain and they refunded the 30 quid.
it's worth giving them a ring cos 30 quid is a lot of money to some people.
good luck anyway.
Just wondered if you had done your aq. I filled out ours yesterday and thought it was all a bit easy?!?
I am so used to everything being double dutch that seemed really straight forward. Probably because the next one (the court bundle) will make up for it!!
I went for the original AQ approach, not the new version. Just waiting to have £100 available now.
Hey dickeggsy - cheers for letting me know about your charge over xmas. You are quite right, it is a lot to loose so I will call my branch tomorrow!
Hey Laineybelle - I've not done my aq yet. Did read your post before while at work, I've not really looked at either the new or the old AQ guide yet - I'm pretty busy til the weekend so will crack on with it on Saturday. Don't want to rush it!! I will let you know how I get on with it though. I had a look through the court bundle, and that one does look double dutch, so I think I will need an extremely clear head for that (good job the beer fund is pretty non existant at the moment!!!)
The courts are really getting jammed up with dates as late as June being issued. What the new strategy does is to suggest to the Judge what directions to make. It says basically "please Mr Judge if you ask me I will send all my info in 14 days and then Barclays have another 14 days in which to submit theirs and if they dont please conclude that I win". So it puts a 28 deadline in place rather than having to wait til the next free court date.
The advantage is that Barclays wont want to submit as per the directions so they will have to settle or the Judge will have to rule that they failed to comply and you win.
Remember the Judge does not have to accept the draft directions and can direct as he sees fit but it is certainly worth asking. My Judge did accept the suggestion and ordered as per the draft.
RPJONES78 v BARCLAYS **WON**
: They are saying how sorry they are that I think the charges are unfair, theyve also gone on about the terms and conditions
in their eyes. They have also sent a form which I must sign and send back if I wish to slaim their offer.
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Re: RPJONES78 v BARCLAYS
Statement request 4th May
Re: RPJONES78 v BARCLAYS
UNBELEIVABLE!!!!!! I've just checked my online 
