Thread: gjkendall vs Barclays *** WON ***

First of all, can I just say Hi and thankyou for all the superb advice this site has had to offer thus far!

I have got to the point in my claim where Friday I need to apply to the courts!

Barcalys have made an offer of 45% of my original claim (I used both the preliminary and the lba from this site)...they have now stated that this is their final offer and to put in in my pipe and smoke it! (well words to that effect anyway)

I am somewhat nervous with the court claim...I am going to use the moneyclaim site to do this.

I cannot for the life of me find the spreadsheet that calculates the interest owed for when it goes to court...could some kind soul please point me in the right direction...plus any advice/tips would be greatly apperciated...I am

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Hello

You should be able to find them here. Best advice is to keep posting and if you have any problems just ask, there is usually someone who has had the same experience or problems

Good luck

http://www.consumeractiongroup.co.uk...eadsheets.html

Well, I have just worked out the 8% add ons...comes to about anothwr £500!!! BLIMEY!

So tomorrow, I am going to put the claim in to the court...i obviously put the full amount in my claim (including the 8%)...but when do i tell Barclays? do they find out the claim and that the interest is added when the court contact them?

any advice/tips regarding the putting the claim in to the court? more confused than a confused thing on a confused day!

I take it as you are filing on line I presume you know about this:
http://www.consumeractiongroup.co.uk...laim-line.html


Once filed you need to send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim On Line
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.

Yours faithfully

GuidoT::o

Was not aware of this in the slightest...I was just going to go through moneyclaim tomorrow.

I guess I am being somewhat thick here, but I do not understand that link you supplied at all...Who am I sending this to? Do I just add my details in, print it off and send it! Or is this added to my online claim (a text box in the claim somewhere)

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 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. Claimant 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

Sorry about this, but I am being blinded by jargon!

Bloody hell, now I am getting all twitchy and worried!

No need to worry, just take you time, issue your claim form when you are ready. The claim form must be right.

Read these a few times and read through some other success threads:
http://www.consumeractiongroup.co.uk...se-read-these/

Post up any questions you have.

You have got it. I wonder what you would have entered when completing MCOL if you did not know about the link. Again do not rush.

Well, I have only gone and done it...court claim has just been submitted...£120 worth of fees ..I had better win and get the cash back!

Thanks to everyone for their advice, I'll post back when I hear something!

EDIT: So I now wait till the court give me a claim number, once I have this I can send 2 copies of my charge schedule to the court manager...he/she will send a notice of ackknowledgement and I can then send 1 copy of the charges schedule to the solicitors! (all with covering letters and the extra interest figures stopping at when the claim was made)

Correct?

I have not used MCOL as I do not like it - this sending of the schedule is one of the reasons.

Anyway, as soon as you have your claim no then send 2 copies to the court, it does not matter if you are late by a few days.

That should be fine, the important thing is to refer to the claim no.