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For various reasons I have had to delay taking final action to get my money back, I sent my first prelim letter to Barclays back in August last year and followed the various stages until the lba point in early October. My claim then was for £5000 (mainly to keep under the limit), however because of personal problems I had to delay until now any further action.
Just to ensure I was right I have this week sent Barclays a final LBA letter and schedule but this time for the full amount which is over £6500, as they have continued to charge me since the initial contact. I had an offer as usual back in Oct of £1000 which I rejected.
My questions are:-
Could I be criticised for the delay
Am I safe to claim the full amount plus interest in one go and thus enter fast track
I have given them 14 days to respond- does this seem the norm.
Saw the Tonight programme and it metions the OFT report in March, does this mean I could be offered only partial compen, ie diff between proposed £12 and what I was actually charged.?
They will probably try to pay you the difference but the fact is their charges must refect their costs so until they disclose their costs, the whole charge remains unlawful.
Stick with it and you will get your full charges back
Saw the Tonight programme and it metions the OFT report in March, does this mean I could be offered only partial compen, ie diff between proposed £12 and what I was actually charged.?
It'll probably become the banks standard response. But that doesn't mean you have to accept it. Any OFT ruling does not alter the law.
Having heard nothing from Barclays, I have issued my MCOL for £6900, the battle now will be to keep it away from Fast Track although am I wrong to worry.
If you are referring to the OFT report and they do the same as they did with the CC one, the charges will not be lowered, that £12 is the point at which the OFT will interevene, the penalties must still reflect their costs and until they do, they will be taking on no-one in court.
I really wish they would, for many of us it is money we would not have had but for the hard work of people onhere. I for one would be more than happy to stand toe to toe with a Barrister. (over the years I have met and dealt with more bad than good).
Good news on this one, Barclays should have entered a defence by the 11th of April and didn't. So I requested Judgement by Default but didn't really expect it.
This morning I checked MCOL and the Judgement has been issued in my favour so I can now proceed with warrants etc.
I have e-mailed Barclays and told them I want a resolution by end of trading today.
Need a bit of help on this now please, as said a Judgement was entered against Barclays on the 12th of April as they failed to submit a defence.
Its now the 17th and still no response, I know they can still submit a defence late and ask for a set aside but how long after can this be done. Surely a week is long enough.
I dont want to get all giddy on this now as I'm so close.
After ringing the litigation office on Thursday to tell them about the judgement and then faxing the notice I have recived a letter this morning offering me THE FULL AMOUNT £7200 !!!!!!!!
I have to agree to a voluntary stay of execution, and not to claim costs.
Thanks to all on here I will donate when the money is paid in.
Thanks Darren can you mark as Won please, I got the impression that they are getting swamped and as a result are missing one or two deadlines. I do feel for the staff in litigation as they have athankless job, so I am off to buy some champers and book that holiday we have been promising ourselves for 18 months.
Better late than never !! ****WON****
back in August last year and followed the various stages until the lba
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THE FULL AMOUNT £7200 !!!!!!!!
Originally Posted by dar3n
