Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    johnfower Novitiate

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    Barclays Bank - Court Date 25th October **WON**

    I have now started action against Barclaysicon. First Step has now been taken:

    DPA request sent on 21/04/06. 40 Days to comply.

    Similar Threads:
    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  2. #2
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    Wink Re: New Claim Against Barclays Bank

    Brillant


  3. #3
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    Smile Re: New Claim Against Barclays Bank

    All statements arrived on the 2nd May (Very Quick!). 695.00 Owed from the whole 6 months. I hope they refuse the refund so I can get the extra hundred pound in interesticon - hopefully their fools like Abbeyicon and will refuse.

    In process of sending out letter before actionicon.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  4. #4
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    Default Re: New Claim Against Barclays Bank

    Quote Originally Posted by johnfower
    In process of sending out letter before actionicon.
    You need to do the prelim letter first...or have I mis-read you?


  5. #5
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    Default Re: New Claim Against Barclays Bank

    I've already got all the figures which is why Im going straight in with letter before actionicon. Ive done this with Abbeyicon and gotmy cheque. Just skipping a few days.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  6. #6
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    Default Re: New Claim Against Barclays Bank

    Quote Originally Posted by johnfower
    I've already got all the figures which is why Im going straight in with letter before actionicon. Ive done this with Abbeyicon and gotmy cheque. Just skipping a few days.
    skip at your own peril John... but you might not be dancing at the end of it..

    My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

    Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

    if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

    Stick with the format.. prelim, LBA, file - watch the enemy fire blanks.

    "BA Group. The World's favourite CA Group"

    HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.
    BARCLAYS settled in full 2 days prior to submission of defence by Barclays
    CAP ONE settled in full on day 14 of LBA (£210)

  7. #7
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    Default Re: New Claim Against Barclays Bank

    Quote Originally Posted by Don Quioxte
    skip at your own peril John... but you might not be dancing at the end of it..

    My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

    Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

    if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

    Stick with the format.. prelim, lbaicon, file - watch the enemy fire blanks.
    Further to the above advise, I will now send Barclaycard the prelim letter

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  8. #8
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    Default Re: New Claim Against Barclays Bank

    nice one.. keep us posted..

    "BA Group. The World's favourite CA Group"

    HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.
    BARCLAYS settled in full 2 days prior to submission of defence by Barclays
    CAP ONE settled in full on day 14 of LBA (£210)

  9. #9
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    Default Re: New Claim Against Barclays Bank

    Prelim letter posted today giving them 14 days to reply. letter before actionicon is ready to send after the 14th day. I hope they refuse the refund then i can claim an extra 100.00 in interesticon.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  10. #10
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    Default Re: New Claim Against Barclays Bank

    Standard letter: Sorry youre unhappy, we will deal with this by 12th june. They have until 20th May before I send lbaicon

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  11. #11
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    Default Re: New Claim Against Barclays Bank

    Yes Barclaysicon seem to have this rather annoying habit of simply replying to Prelim letters and LBAs with standard complaint letters and leaflets.

    relly quite infuriating.

    i've just received notification that they will defend my claim in court too.

    Don't be surprised if they reply to your lbaicon with almost the same letter you just received... it's damn frustrating.. but I really think that patience is the best policy in this scenario!!

    "BA Group. The World's favourite CA Group"

    HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.
    BARCLAYS settled in full 2 days prior to submission of defence by Barclays
    CAP ONE settled in full on day 14 of LBA (£210)

  12. #12
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    Default Re: New Claim Against Barclays Bank

    Since their standard letter saying they will deal with in next century, they havent replied. The time is up with the prelim letter, off goes the letter before actionicon.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  13. #13
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    Default Re: New Claim Against Barclays Bank

    The deadline was 4th June for the lbaicon. They replied the day after my deadline offering 50%. Obviously refused and claim started (on moneyclaim website) as from 5th June.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  14. #14
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    Default Re: New Claim Against Barclays Bank

    sounds good

    be prepared for claim to be both acknowledged and a defence submitted.. see my Barclaysicon thread - you may want to consider calling Barclays once the clim is acknowledged to discuss "without prejudiceicon" terms of full settlement... Also read some of the posts in the keith Jeremiah thread - should provide you with encouragement...

    "BA Group. The World's favourite CA Group"

    HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.
    BARCLAYS settled in full 2 days prior to submission of defence by Barclays
    CAP ONE settled in full on day 14 of LBA (£210)

  15. #15
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    Default Re: New Claim Against Barclays Bank

    I've just had a quick look on money claim website, and im suprised. Barclaysicon acknowledged the claim 4 days after i filed the claim. Very quick! Abbeyicon were allot slower.

    I expect to hear from them between now, them filing their defence and getting the allocation questionnaireicon thru. They made an offer of 50% so im hopeing that they will offer the full 100% shortley. I shall keep updating this post, just like the others I have done.

    This claim is not actually mine, it's my mothers and I have encouraged her to take action, I have done everything for her and shes read thru everything and signed the papers etc. (unlike the Abbey claim and Barclaycard claim which are both mine)

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  16. #16
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    Default Re: New Claim Against Barclays Bank

    Barclaysicon have entered their defence on the 7th July but theres an issue in their defence im concerened about:

    The claimaint has failed to identify what action they wish to take

    (not the actual wording but thats what they said)

    Also i've just noticed im claiming an extra 17p than what i should be. How do i change this? or doi leave it and hope its not spoted or changed the figures on the spreadsheet and hope they dont check it?

    Is this a usual tactic? Also Ive send my Keith Jeremiah 2 emails to try and settle without prej... terms but he's not replied (3 days later). Does this case look like its going to court? I have until the 26th July to send the allocation questionnaireicon.

    The wording i used in the case was:

    throughout the last 6 yearsicon I have been
    charged £695.00 in fees or charges which
    contravenes the 1997 Unfair Terms
    (contracts) Act and The 1999 Consumer credit
    Act.
    I requested the amount to be refunded on
    the 6th May 2006 allowing the defendant 14
    days to refund these unfair charges which
    was refused. A Further 14 days was allowed
    and they failed to meet the deadline.
    As Barclays Bank PLC have failed to comply
    with my request after allowing 28 days to
    refund the amount, I must now take action
    against the bank to recover the amount
    owed. As allowed by the County Courts Act
    1984, I shall now claim £695.00 + 8% APR on
    each of the charges + the cost of the court fees incurred.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  17. #17
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    Default Re: New Claim Against Barclays Bank

    Currently filling in the allocation questionaire, unsure on section g, does anyone know if you can leave this blank or is it best to put something in?

    Section g, Please give any additional information to help the judge etc

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  18. #18
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    Default Re: New Claim Against Barclays Bank

    Sent the questionnaire off with section g blank. I have been in contact with Keith Jeremiah via email, he wanted to know if we could talk terms etc and i told him i would not settle for anything less than the full ammount. Ive not heard from him since (just over a week ago)

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

  19. #19
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    Default Re: New Claim Against Barclays Bank

    I emailed Keith Jeremiah two days ago and heard nothing yet, my allocation questionnaireicon needs to be in on 2 Aug. Did you phone Keith after emailing him?


  20. #20
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    Default Re: New Claim Against Barclays Bank

    I did yeah but his PA said he was in a meeting, ive emailed him a few times with no reply. As an update, the Allocationg questionnaires have been sent off and a court date has come through for October. Although I was told the date by my mother (its her claim) i cant remember if she said 25th or 26th October, but at least you get a picture lol.

    Abbey Claim
    27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

    Alliance & Leicester
    LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

    Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

    Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06


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