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I've sent off my prelim approachment for repayment of £1,265 over the last 6 years on 3/11. They have until 17/11 before i send them another giving them a further 14 days (i feel this demonstrates my patience with them!!). Will keep you all posted of further developments. I will also start another blog for my challenge with Alliance & Leciester currently waiting for statements.
OK after reading through the moneysavingexpert website (getting tough) I'm going to send a letter tomorrow to Barlcays reminding them the 14 days is up on 17/11 and i want my money giving them another 7 days to respond before I put my claim through the small claims court. I've also added interest to my claim! Lets see if this gets them stirred!
Barclays have until tomorrow 24/11 to acknowledge my letter for full repayment of charges with interest. Until now after 14 days and another 7days (including tomorrow) failed to repsond to my letter. What's the chances I receive a letter tomorrow. Either way if it's not full compensation I'll be straight on the MCOL website on Saturday morning.
I just have one observation to make about your claim timescale.
You gave them 14 days in your Prelim letter which is fine. I acknowledge that there are other institutions out there who also advise on claim procedures. The only reservation I have is that, whilst advice in this site suggests you give a further 14 days at lba stage, reducing it to 7 days may make them throw their dummies out and plead with the Judge that they havn't had enough time to look into your claim. The 14 + 14 days hasn't been challenged by the Banks, and it's not likely to be now because it's become custom and practice in these cases.
For the sake of those extra 7 days, I wouldn't like to be the one they challenge as to the time scales you've allocated. I'm not saying that they are likely to get the claim struck out but if they put in a challenge, it may delay things so much, waiting for the Court to rule, that it would have been quicker to have given that extra time in the first place.
You make your own decision and I honestly hope you succeed.
To follow my case progress, click here to see where I'm at right now.
I take your point of view, I was only taking a militant stance so to speak to try and speed things up. If the 28 day rule is tried and tested I'll hang off. For the sake of 7 days I'll wait until next friday 1/12 before i file a claim. That is of course if they fail to compensate me fully.
I have received a letter from Barclays with an offer of £645 no questions asked, gesture of goodwill. I will not be accepting this as the full amount is £1504 and counting. I will be getting my claim stuff together to submit after the 1/12 (28 days from initial contain for repayment).
I acknowledged Barclays offer and declined of course. I'm in the process of getting my files together to submit my claim on MCOL. This will be done in the next couple of days.
I have just submitted my claim using MCOL. Barclays have had more than enough time to respond to my demands. On my timescales they will be deemed served on 14/12 having until 28/12 to Acknowledge and 11/01 to Defend. Wish me luck!!
Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:
The Court Manager,
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
Dear Sir/Madam
(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).
I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,
Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim
Dear Sir,
(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a copy of my schedule of charges relating to the above claim.
Barclays acknowledged my claim on 29/12/2006 a day before the deadline of 30/12/2006. MCOL now says defendant has 28 days to defend from date claim was served which was 11/12/2006. So i guess if I don't receive a defence by 8/01/2007 i should start my judgement? Of course knowing Barclays I'll receive a defence nearer the time etc which i will approach in the same manner throughout this process.
Where has the extra 5 days come from? If this is the case and I don't hear from Barclays or the Court by 13/01 then i guess i can enter judgement by default on MCOL?
If you had read threads here as we keep on preaching people to do, then you'd know that the law allows 5 days for the defendant to be served with the claim.
To follow my case progress, click here to see where I'm at right now.
Just tried requesting Judgement by default, but says i should wait 28 days after claim was served which was 11/12. So plus 5 days and 28 days = 13/01. I guess i can't until a business working day (tomorrow)?
I've tried again this morning to request judgement by default on MCOL and still says the same. Am i missing something here as I'm sure my timings are correct?
''The Defendant disputes the whole amount you have claimed''
I have just checked MCOL as I've yet to submit judgement by default and guess what....you guessed it Barclays sudmitted a defence 11/12/2006 so says MCOL. I should receive confirmation to where the claim has been transferred to shortly. I am very bemused as to why this only appeared now when I've attempted to submit judgement 3 times today!! It would appear that MCOL takes it time on updating their website, 3 weeks in fact!
Court here we come, can't wait!! I know some peeps on this site have contacted their banks prior to going to court. However i think i'll let Barlcays do the chasing for a bit. After all it's them and not me that doesn't want to appear in court.
Junklunacy v Barclays ***SETTLED IN FULL***
on 3/11. They have until 17/11 before i send them another giving them a further 14 days (i feel this demonstrates my patience with them!!). Will keep you all posted of further developments. I will also start another blog for my challenge with Alliance & Leciester currently waiting for statements.
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