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I wrote to the woolwich requesting the return of my bank charges for the last 6 years, which totalled £5005, but I rounded this down to £5000, as I had been informed previously that if I was to go to court, this would have to be kept to a £5,000 limit. I gave them 14 days to reply giving me a full refund. I also added that I required 8% interest on the £5,000.
They wrote back to me informing me that it was being dealt with and I would hear within 28 days. Following the 14 days limit, I then wrote back to them, requesting that they acknowledge my letter and advised them that the 14 days had passed and that I would be taking them to court. I then received a letter from them offering me a goodwill gesture of £1,000, which I refused, informing them that I wanted all of my money returned in full, I gave them 7 days to do this. I then received another letter, which was an exact replica of the one offering me the £1,000 goodwill gesture, I again wrote back to them, including a copy of the first letter where in I had refused the money and informed them that I would be taking them to court.
I filed a moneyonline claim on 1st December, this was deemed served on Barclays on 6th December and to date have heard nothing from them.
After a defence has been entered (28 days) you will receive a "notice of transfer of proceedings". As Northampton county court deal with all MCOL claims, they will then pass it on to your local County Court.
Once the claim has been transfered to your local County Court, an allocation questionnaire will be sent to you by them. The information on this helps the judge decide which track to allocate the claim too (small claims, fast track etc).
Nothing to worry about. Your claim is on schedule, it's just a waiting game now.
Did you include a schedule of the charges that you are claiming back? Also you should not have asked for 8% interest until you did the court claim as this is a statutory rate awarded at the courts discretion, and shouldn't be claimed before that stage.
It is not just 8% on the total, but 8% per annum on each individual charge, from the date the charge was levied until the date settled. The forums spreadsheets deal with this calculation. Could you please post your particulars of claim to check, as you may need to amend your claim to correct the interest element.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
The moneyonline claim form asked if I wanted to claim the interest, so I put yes, I just assumed that it was the interest on the whole £5,000 not an annual charge.
I'll be happy if I just get back the £5,000 that they took from our account. I really don't expect to get a penny from them.
I filed a MCOL on 1st Dec, deemed served on 6th December, today is the 14th Day and nothing has changed, my MCOL is still saying issued - it looks like no defence has been entered - can I request judgement today.
I've even called the Court, they have said that no defence has been received from Barclays. If this happens what is the next step, after I send them the letter stating that I will enter judgement in default.
The court told me they hadent had a acknowledgement, but i got one anyway 3 days late , trust me that letter could save you about 6 weeks if Barclays go for a set aside
Hi Saracen, if it goes anything like my case they entered Barclays entered their defence with less than one hour to go to the deadline. They really do like to drag it out as long as possible!
Woolwich:
16/08/2006 - requested statements
£10 cheque returned
19/09/2006 - statements & list of charges received (£471)
21/09/2006 - preliminary letter sent
09/10/2006 - LBA sent
24/10/2006 - we're sorry letter received (inc. £125 offer)
30/10/2006 - MCOL issued
02/11/2006 - Barclays offer increased to £200
15/11/2006 - Claim acknowledged
I've even called the Court, they have said that no defence has been received from Barclays. If this happens what is the next step, after I send them the letter stating that I will enter judgement in default.
There seems to be quite a bit of confusion in this thread.
You filed on the 1st and it's deemed served on the 6th. We are clear on that.
They have 14 days from then to acknowledge - not defend.
Provided they acknowledge, they have a final 14 days to defend. That takes them to the 3rd of January 2007.
Provided they haven't acknowledged, you can apply for judgement tomorrow. If you intend doing that, do it before 9am then it will be dealt with that day. After 9am and it will be dealt with the next day.
BUT remember that the Court may have a backlog of paperwork and it's sitting, waiting its turn to be processed. If that's the case, clicking the judgment button won't work. You have to try it and see.
Furthermore, even if you enter judgment before they acknowledge, if they do so before 4pm on the day you apply, then it will be allowed.
Don't ask why, I don't exactly know but there you go.
To follow my case progress, click here to see where I'm at right now.
Myself? I wouldn't bother. They know that the further they go along the route to Court, some Claimants are going to opt for the safety net of their first offer because that's human nature.
They're hoping to save money by testing Claimants' bottle.
To follow my case progress, click here to see where I'm at right now.
Apply for a judgement and about a week later you will get a letter from Barclays offering you full settlement provided you agree to a setaside.
If you agree and theres no reason not to then about 3 days later you will have your money.
There is no need to contact Barclays at all.
Its happened three times to me with Barclays with the same result. I suspect that Barclays are finding this a fairly convienient way of disposing of claims, claiming to have not received the paperwork and paying out without any admission.
Apply for a judgement and about a week later you will get a letter from Barclays offering you full settlement provided you agree to a setaside.
If you agree and theres no reason not to then about 3 days later you will have your money.
There is no need to contact Barclays at all.
Its happened three times to me with Barclays with the same result. I suspect that Barclays are finding this a fairly convienient way of disposing of claims, claiming to have not received the paperwork and paying out without any admission.
OK, but I thought a setaside would apply a longer period than 3 days! Some folks talk of over a month!
Barclays :- Settled March 07:o
RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???) Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|
OK, but I thought a setaside would apply a longer period than 3 days! Some folks talk of over a month!
If you sign an agreement to agree to a set asisde of the judgement as part of the terms of the settlement Barclays simlpy send it to the court who promptly set it aside uncontested.
having received the money You in the write to the court telling them the matter is settled.
Trust me on all three occasions I had the settlement in the bank within three days of returning the forms agreeing.
If you dont agree to the set aside it can delay things for months whilst they formally apply for it and in all probability be granted it.
The offer letter is dressed up in all sorts of legal jargon but in essence they will pay you provided you agree.
Ive just checked online again and they havent submitted a defence. I rang HMCS yesterday to confirm the timescale. As I had thought, its 1st Jan!
So between now and then they have 4 working days left (including today) to submit their defence.
Guess what Ill be doing (once Ive sobered up enough to type) after office hours on 1st Jan?
Barclays :- Settled March 07:o
RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???) Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|
Ware v The Woolwich/Barclays ***WON***
, which totalled £5005, but I rounded this down to £5000, as I had been informed previously that if I was to go to court, this would have to be kept to a £5,000 limit. I gave them 14 days to reply giving me a full refund. I also added that I required 8% interest
of £1,000, which I refused, informing them that I wanted all of my money returned in full, I gave them 7 days to do this. I then received another letter, which was an exact replica of the one offering me the £1,000 goodwill gesture
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Originally Posted by saracen01
