Thread: joseph v's barclays **WON**

which bank?

When i phoned the court last week as i hadn't heard anything since before christmas they said there had been a delay but it is going to court & i will receive a date shortly. i paid the court ages ago now and am really frustrated at the time it is taking. Barclays must be laughing and i am just sitting here feeling very nervous. i wish it was all over. do you think i have a chance as the longer it goes on the more i wish i hadnt done anything?

When i phoned the court last week as i hadn't heard anything since before christmas they said there had been a delay but it is going to court & i will receive a date shortly. i paid the court ages ago now and am really frustrated at the time it is taking. Barclays must be laughing and i am just sitting here feeling very nervous. i wish it was all over. do you think i have a chance as the longer it goes on the more i wish i hadnt done anything?

(new to this room, sent follow on to my first question but sent it as a reply, so not sure if anyone saw it).
please reply. i need some re-assurance!!

Hi, joseph.
Start by looking at the thre links and start a thread in your bank forum.
http://www.consumeractiongroup.co.uk...barclays-bank/

Joseph, don't worry ok. Its all going to plan and the courts are very busy. You will recieve an offer from the bank at some stage, but just keep at it and it will be they who end up frustrated and you that will be smiling..

i have just attempted to look at the court bundle, it makes absolutely no sense to me. Have i really got to get together something like this to take to court. i knew i would have to take something but this is all beyond me. i feel sick already. any ideas as to an easier way to understand all this?
myself vs Barclays - £2000.00 - awaiting court date. they offered me £500 & i refused.

please don't worry , once you print it off it's easier to read and makes more sense, honest.
i printed it off , numbered each page in case it got mixed up , read through it a few times just to get a rough idea of what it meant and stuck it in my bundle and used a reference page at the front like this

Contents of Court Bundle.

CLAIM NUMBER xxxxxxxx

Description. Section.

Correspondence. 1
Latest Schedule of Charges. 2
Bank Statements. 3 (pages 1 to 82b)
Statement of Evidence. 4
Relevant Case Law Summary . 4a (page 1 of 42)
Dunlop v New Grange. 4a (page 4 of 42)
UTCCR 1999. 4a (page 6 of 42)
UCTA 1977 . 4a (page 16 of 42)
SOGA 1982 . 4a (page 27 of 42)
EARLY DAY MOTION HOUSE OF COMMONS 4a (page 42 of 42)
OFT SUMMARY DEFAULT CHARGES 4a

good luck

Hi Joseph,

I don't think it really makes a lot of sense to anyone. I have mine to do yet but from what I have been reading I am just going to print it all off. If you look through some of the 'won' threads a lot of posts list their court bundle with titles and sections etc and I am just going to copy others.

I have a few paper clippings I will also add and my statemtns etc and all my correspondence with Barclays.

Just read through some of the threads and you should come across a lot of help.

Good luck
Laineybelle

just copy mine to a word document and mess round with it a bit.
it doesn't look like that really i think it got squashed a bit when i posted it lol.

J
The delay is normal, very normal. Its in the banks interest to string things out as long as possible. Please read the various threads on here ... reading others experiences is very educational and also very encouraging. Most end up with the ..." I got my money", it was worth the effort. If you have any specific issues you feel nervous about, then post on here and you will get help.
Its your money your after ... not theirs!!
J.

well i am just preparing myself for court. can you let me know if all this is ok.
1. schedule of charges
2. correspondance to & from Barclays
3. letter to take to court as follows;

£20.00, £25.00 or £30.00 for going overdrawn or having a payment returned is completely unfair, Barclays state this is an administration fee in there defence but how can it cost this much to send a standard letter.

Over the past six years I had to leave work due to having a baby, he is now 5 & ½ , when my son was just 14 months old and I was due to return to work I suffered the loss of my mum, this has been extremely difficult to deal with and to be honest carry on with life just didn’t seem important apart from looking after my young son. Then a few months after losing my mum I had a seizure due to a cyst on my brain and now suffer with epilepsy which I take medication for twice a day. Now I am starting to get my life back in order and deal with everything as well as I can, I am trying very hard to keep my account within my overdraft limit but unfortunately at times this has been very difficult to do. With the amount of money going in, I just have enough to pay what is going out but when this slips over the agreed overdraft limit the charge goes on and I am back to square one. If Barclays did not charge such a huge amount for a standard letter for unauthorised borrowing then I could get my account back within its limit and carry on paying money in, gradually reducing my overdraft.

I understand in Barclays terms & conditions they state they may ask me to make an immediate payment into my account and may charge interest and fees on the amount overdrawn but my dispute is that the amount they are charging me is not proportionate, the bank is actually fining me for going over the limit, and this fine is too high, hence under the law of penalties this is ‘extravagant’. Is a charge of this scale really proportionate? Barclays have there terms and conditions, yet that’s irrelevant; a contract must be written within the law, and they can’t enforce a contract with legally unfair terms. Ultimately if it isn't proportionate then it's unlawful, and surely I have a right to my money back. Any charge should not exceed the cost of the breach.
4. i have printed the court bundle, is this ok to take as it is?

any advise?

Just A Quick Question This Time, My Case In Court Has Been Set For The 27th March 2007 But It Has Only Been Given 10 Minutes. I Have Read A Few Others Being Given An Hour?

My Paperwork Alone Will Take About 10 Minutes To Go Through, Do You Think Everything Has Been Decided Already?

(it Is On The Small Claims Track - Claiming £2055.00 - Previously Offered £470 In Full & Final Settlement, Refused & Here We Are Set For Court)

Thanks For Your Help!

Hi there. It won't actually go to court so don't worry about it. You'll get your money back before 27th March. Give Barclays a ring in a couple of weeks on 020 7116 5634 and ask them to settle. They're a bit snowed under at the moment so they're not paying out until about 2 weeks before the court date. Good luck!

I'd go with Keriat - they know it's going to be settled prior - or even if there's the remotest chance that they haven't settled - they won't show up anyway, and the courts know this.

Sounds Good, Do You Think I Should Go Ahead And Still Send The Court Bundle & All My Other Info To The Court And Barclays?

If They Settle Out Of Court Do You Just Inform Court And Dont Go Or Should You Turn Up At Court Anyway?

I's always a good idea, I think, to get going on your court bundle. Always be prepared!

If they settle prior, you must inform the court- the case will only be concluded when you, the claimant, inform the court. Sometimes, they settle so late (like about 15 mns. before), by which time you would probably be at the court - and then that's a great opportunity to have your 10 minutes with the Judge, and show your "regret", that although you have tried every possible route to settle before court, the defendants have been completely unresponsive, and obviously have no remorse in wasting the courts time and abusing the court system.

I've printed the court bundle as it is. Is it ok to take this as it is or should I alter it? If I have to alter I'm not sure whats bits i'll need.

Hi - I read your message to Joseph Lang in which you say that it won't actually get to Court. I have a date of 7th March and presumeably I need to get my bundle into Court and Barclays by 21st February unless Barclays contact me before that date? Or do I call them? Advice welcome>

Hello everyone

i am sitting here wondering what to do best. i have a court date of the 27th March 2007 but it seems ages away, i have completed my court bundle, well printed it off - hope thats ok. i have my schedule of payments and all correspondance to & from Barclays and was wondering whether it was worth sending a copy to the court & a copy to barclays now. or should i wait a bit longer? if barclays have all my info early do you think this would give them more time to prepare?


also i have filed my claim for £2055.00 but that doesnt include court fees £120.00 & £100.00 paid out, is this refunded automatically if i win?