Thread: Spleengirl v Barclays **WON**

Claim number: About to find out
Issued: in next hour 18/12/06
Court: MCOL
Charges: £390
interest: £106.98
Costs: £50
Total Claim: £546.84

Hello all

What a fantastic site run by fantastic people.

I have been battling with Barclays for my £390, they offered £190, so I am just about to send off the following claim.

Fingers crossed they don't string it out too long.

1. The Claimant has 2 accounts with the
Defendant as follows: xx opened in
1996 and xx opened in 2002.
2. Since 01/10/02 the Defendant debited
charges and interest in respect of
purported breaches of contract.
3. Defendant is aware of all details as a
list of charges has already been supplied.
Another copy will be sent.
4. Claiment contends: (a) The charges
exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999, Unfair
Contract Terms Act 1977 and at Common Law.
5. Claimant claims: (a) return of the
amounts debited of £390; (b) Interest per
S.69 County Courts Act 1984 of 8% - £106.84
continuing at 8% until judgment or
settlement at a daily rate of £0.09;
6. Alternatively, if the charges are a fee
for a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982
7. Costs allowed by the Court.

Similar Threads:

• Barclays vs Harry - Barclays counter claim

I have read that some people have printed off their MCOL form and sent it to the bank along with their schedule of charges. Is it advisable to do this? Or can I let the form take its normal course?

Any advice would be gratefully appreciated.

Thanks

Hi there

Sorry to ask all these questions, but I have also pulled off the following from an Alliance and Leicester forum:


After filing 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.

Yours sincerely,

Should I send this to the court as well? and copy it to the bank?

Thanks

Rowena

I have decided that I will write this letter as below to the court. I hope this is correct....?

Thanks

R

I received my allocation questionnaire yesterday so am going to spend tonight filling it in.

I am not too worried about court yet but I am sure I will be when the date comes through!

Thanks

Hi there

Reading all the information I can find, I gather that as I am only claiming for just over £500, I do not have to attach a fee of £100 with my Allocation Questionnaire?

If anyone could advise me whether or not this is correct I would be very grateful!

Also, it is advisable to send a copy of the aq to Barclays along with the schedule of charges and interest (and a copy of the current one to show that it is going up)?

Thanks very much

R

Hi there I am really confused about this as the letter from the court is not very well written:

"You mustcomplete the enclosed allocation questionnaire on or before the on 10 February 2007 and return it, where the claim is over £1,500, the court fee of £100.00 to Bristol county court"

Not very good English I know - should I just take this as not sending a cheque as my claim is only £500 or send one anyway?

Thanks

R

Hi

No you do not need to send a cheque, That only applies to claims over £1500.

You dont have to send copies of the aq to Barclays, but make sure you photocopy it for your court bundle.

You can get help here with the AQ http://www.consumeractiongroup.co.uk...ompletion.html

Thanks for your reply!

I am just about to write my letter to attach to the aq questionnaire. I am including the list of charges.

Thanks

R

Help

I have been very slack and am now ill with the flu, and my court bundle is due in two days time. The trouble is my allocation questiionnaire is at work, as well as my prliminary letter and statements. Can I get away without providing these in the court bundle or do I have to supply them?

On the positive side, I have not received a court bundle from Barclays.

Thanks

R

Also, do I need to provide copies of all my bank statements from the last 6 years, or just those with charges on them?

Thanks for the advice - that was a very quick reply!

I will go into work and try and get the other records just in case they are there!

Thanks!

As long as my boss does not see me sneaking inot work to use the photocopier and get the rest of that paperwork I should be ok!

Hi there

There is now a week until my court date. How soon do Barclays normally pay up? I am not really that scared but wish it all to be over soon so I can stop worrying!

Thanks

Hi there

Thanks very much for replying and for Krysta's details.

One daft quesion - what exactly do I say?

They have not sent me their court bundle yet should I just say that?

Thanks

R

Thank you that is very helpful. I have emailed her and will ring her if she does not get back to me by 3.00pm. Fingers crossed!

She must be very busy the poor girl but sounds like she is on the ball.