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Have been reading the forum with interest for a few weeks, sent off my spreadsheet and recieved a standard reply within 2 days! Barclays have given themselves an additional week to respond fully but will not be letting them have it. You have all been incredibly motivational up to this point and I look forward to carrying on the fight. Will let you know how it all goes.
1st letter: Jan 8th (3k without 8%)
Standard reply: Jan 11th
It is now 14 days since I sent my first letter demanding money. I am now sending lba (I think that is right move next) but just want to check a couple of things:
In the LBA it states -
I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
Does this not include the standard 'will contact you when we feel like it' reply. Also,
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
Is this right os every bank account? I dont want to say this if it isnt true but guess it must be.
Thanks for any help.
1st letter: Jan 8th (3k without 8%)
Standard reply: Jan 11th
If the bank's response was not a positive and acceptable response then it was not a response.
Any contract that does not comply with the law is unenforcible, therefore it is implied that they will conduct themselves in a lawful manner in all respects in connection with that contract.
Always, stick to YOUR timetable and don't let the bank try to impose theirs.......You're driving this bus and you decide what time it runs.
Good luck.
Regards, Rooster.
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Thanks for that Rooster. I am a bit concerned about the lba as it says something like '...you have charged me in overdraft interest' but I havent worked this out. I have worked out the 8% (which I believe is to go on in a further 14 days when I file with the court) but am pretty sure I ignore this at the moment. Anyway, does this look right as I am not claiming the overdraft interst?
...integrity and expertise as my fiduciary.
I am enclosing a copy of the schedule of the charges which I am claiming, totalling £3,040. I have already sent you a copy of this in my original letter of the 22 January 2007.
I require repayment in full of this money. ..
Many thanks - have to send this tomorrow and really dont want to get things wrong.:-|
As well as the above I am not sure if I can add charges they have added to the account since my initial letter (£90 worth). Do I just say ' I enclose a copy of my schedule including additional fees' or something like that?
I posted my lba on the 23rd on Jan, but due to the snow blah, blah, it didnt reach Barclays until the 28th. Have people been fair and given BArclays 14 days from receipt of LBA before going ahead with MCOL or should I stick to my original dates? I know it is only a little Q but want to make sure everything is correct. Cheers
I am completing the MCOL form now - can anyone tell me what I put in the bit that says reference details? Do I just put my account number? Thanks for any help.
I am going to ask this question in the hope that someone replies...
I have read that you should send a copy of schedule of to MCOL after you have put a claim in, but then other people say you shouldnt do this until you have an aq - I am a bit confused.
What should I do immediately after starting a claim on MCOL - thank you.
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 (not the Notice of Issue) 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.
I have had a letter from the court, about a day after I filed on MCOL, would that be the notice of issue or notice of acknowledgement? I didnt have anyhting like that written on it. Also,
How will I know if Barclays have filed a defence? Will it be something on MCOL or something sent to me?
I have been waiting for what seems like forever for Barclays to file a defence (they have until the 27th) - how will I know when they have done this? Will something happen to MCOL thing below?
If Barclays respond to the claim it will show as Acknowledged with the date the court recieved the acknowledgement. When I did mine it took them about 2 weeks to acknowledge the claim and say that they were defending.
If you want any update on your claim then I would advise phoning MCOL customer service (phone number on their website) they are very helpful and can give you more information over the phone than is available when you log on via the website.
I have been waiting for what seems like forever for Barclays to file a defence (they have until the 27th) - how will I know when they have done this? Will something happen to MCOL thing below?
It is now the 27th and MCOL is not letting me start a judgement!!!!!!! WHY?? On my paperwork it said they had until the 27th to file a defence, does that include today? Should I therefor be starting a judgement tomorrow? This is getting flipping frustrating.
You'll find they prob file it today or even tomorrow. If not by then the general feeling is to write to them giving them 7 days this way you have shown you have acted reasonably and it will avoid your case getting stayed which could hold it up for several weeks.
crow V Barclays **WON**
for a few weeks, sent off my spreadsheet and recieved a standard reply within 2 days! Barclays
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Originally Posted by crowe
