Thread: Garden v Barclays - Anyone Won Yet??

Have a look in here Garden : http://www.consumeractiongroup.co.uk...ich-successes/

Originally Posted by Garden32

Hi there

Has anyone actually won against Barclays Bank???

Today Barclays filed a defence (on the last day) against my claim for bank charges & Im now wondering what the next step is??

I have read a little about this 'Court Bundle' & to be honest it scares the **** out of me! Sounds complicated.

Can anyone put me out of my misery & point me in the right direction.

Also, how much longer does this go on for? I started this claim back in Nov.

Any replies/ advice would be greatly appreciated.

Garden

I won! Only 2 weeks ago as well! See my thread michelle73 vs Barclays

http://www.consumeractiongroup.co.uk...73+vs+barclays

Make sure in your bundle you only include the statements that actually show a charge!! I didn't and it took me ages to photocopy it (also discreetly). You are doing things exactly right. To save yourself a few quid, make sure when the bundles are ready, you take the copy that needs to go to churchill place into your local Barclays and ask them to send it in their internal mail system. They won't be happy (welcome to our world) and they will make a song and dance out it, asking you for a mail van number etc (like I would know that?). Don't take no for an answer, they cannot refuse to do this. Also get a receipt for it. You will find that they are very very very reluctant to put their name to it and will more than likely disappear to have a word with their gaffer!!! The minimum they can give you is a photocopy of the address label attached to the bundle. They should date stamp it and sign. Jobs a good un!!

Originally Posted by Garden32

Thanks for the reply Michelle. Yes you have been very helpful, I hope I can ask you for help again??

Sorry for sounding a bit of a durr brain, but what do you mean 'click on your scales'??

Right, Im off now to bury my head in this 'Court Bundle' & face these 100mph Winds!

Wish me luck.

Good luck, though you don't need it!! When you look at the left hand side of the screen under someones user name you will see some scales and a warning triangle. If you think that someone has been helpful, when you click on their scales you can award someone reputation points. These are the green blobs under your name. The more green blobs, the better your reputation is. If you hover over the green blobs, there will be a box that comes up and describes you! Think mine is informative. With regard to more help if needed. Of course. ask away!!! if it is easier and you need a quick answer it is usually easier to send someone a private message. This can be done by clicking someones user name and you should get a list of things you can do. Hope this helps

Originally Posted by Garden32

Hey Paul

Thanks for the reply, yes I have put my account no on all correspondance. Am I cool?

Few questions I have on the aq:

C. Am I agreeing that the small claims track is the most suitable track for this claim?

D. Do I have any witnesses?

Should I put anything in the 'Other Information' box?

Thankyou soooo much for tips!

Yes your cool. check out the templates library theres guidance for filling in the AQ.

Originally Posted by Garden32

Hey Paul

Thanks for the reply, yes I have put my account no on all correspondance. Am I cool?

Few questions I have on the aq:

C. Am I agreeing that the small claims track is the most suitable track for this claim?

D. Do I have any witnesses?

Should I put anything in the 'Other Information' box?

Thankyou soooo much for tips!

Hello

Yes to C, small claims most appropriate. Witnesses, no. And any other information should read:

"I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one, it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of it's customers contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without arguement. However, the continuing problem is (in common with the hundreds of other cases currently being brought by other bank customers) that the banks refuse to reveal details of their penalty charging regime. As the banks have a fiduciary duty towards customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that this is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

I believe this case should last no more than one hour."

Just cut and paste this lot in and it will save you typing it all out again!

I used New Strategy for aq and sent it with draft Directions and the Judge ordered the Directions as per draft - hopefully it sppeds up the settlement process

Peter

Originally Posted by Garden32

That's Brilliant Michelle!

Really appreciate that. Will cut n paste like you say. Hope I can be as much help as you have been.

My pal is doing this against HSBC & my sis also is after the Royal Bank of Scotland, so hopefully i can pass on these words of wisdom.

Thanks to your lot!

And of course this fabulous site!

Watch this space. :grin:

No worries!!