Thread: volks23 v Barclays ***WON***

Hi Guys

I am new to this forum so apologies if I am asking an obvious question. I have just received my allocation questionnaire with a defence from Barclays and I am not sure what to do next. I have until the 12th March to respond. Is this normal for Barclays to go this far? Does anyone know what to put for section G on the N149 form. Any help would be most appreciated.

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Thanks for the response will have a look at the link now

Hi Guys

how many others are at the allocation questionnaire stage? Would be nice to know that I'm not alone.

Thanks for that sound bit of advice Martin3030 and well done with your case.

I have read through quiet a few other threads and I am starting to think that I have made a huge mistake with my claim (I have been following instructions on the bbc website if only I had found this site before). Anyway on my N1 claim form I have only claimed for actual charges of 3155 and not interest of 1307 am I to late in being able to claim the interest?

thanks for the advice I have checked my claim form and it is not clear where I should have ticked. the form basically has the following sections
claimant
defendant
breif details of claim
value
defendant details
amont claimed
court fee
solicitor costs
total amount
claim to include any issues under the human rights
particulars of claim
signatures
claimant details

doea this mean I will have to file an amendment as I would need to do it tomorrow as I have to file allocation questionnaire by the 12th (i wish I had found this site before as this is quite a big mistake to make)

regards

I printed out the form from the BBC website and submitted it at court in person. Didn't know I could have done it online doh

Oh my god i'm in a real mess. ok guys just filling in the N244 form and don't know where to start (think I must be really stupid or something) am I just transfering the details from my orignal form onto this one but just adding the bit about interest in my particulars because if so what do I need to put under the following sections

PArt A
intend to apply for an order (a draft of which is attached) that

because

I wish to rely on

the attached (witness statement)(affidavit)
my statement of case
evidence in Part C in support of my claim (I assume this is where I amend the details from my orignal claim)

Part C I wish to rely on the following evidence in support of this application

I have just realised the big mistake on my orignal N1 form (i left the section titled value blank) and I assume this was the section where I was too put my claim for interst

Let me give you a bit of history as to how in got in this big mess.

A colleague sent me an email to the bbc site with the story about claiming back my charges I read the site and was amazed that I could claim back my charges. (when I spoke to this colleague he stated that he had won back his charges by following the bbc process and got his money back within the 14 day period. When I questioned him further on whether you could claim interest he said that you couldn't claim interest just a charge). I went home and thank god I had all my bank statements going back to when I opened my account in April 2000.

I manually calculated that I was owed 3155.83 from the Woolwich so I sent them the first letter stating they had 14 days to refund my money on the 15th December.

On the 22nd of December 2006 I received a letter from the Woolwich with the usual sorry to hear you have felt the need to complain blah blah blah

So following my bbc instructions I waited for the dealine to pass filled in my N1 court claim form and filed in court on the 25th Jan 07.

Receievd the relevant paperwork stating that Barclays had until 19th Feb to respond.

On the 15th Feb I received a response from the court stating that Barclays had filed an acknowledgement and had a further 14 days to file a defence.

On the 26 Feb I received notfication from the court with an allocation questionnaire and the defnce from Barclays. As the bbc instructions stop at filing your N1 form I was bit lost as to what to do next. Thank god for the interent otherwise I would never had found cag.

I have read quite a few threads and have subsequently realsied that I could claim back my interest but by using the excel spreadsheet I have also underestimated my actual claim. So hence the help needed with the amendment on the N244 form.

This is what I put in my particulrs was this correct?

The claimant has held a current account [Account Number. Sort Code.] with the
defendant, conducted on their Standard terms and conditions since 1999. The defendant from
[xxxxxxxx] to present day has
applied charges to the claimant account, totalling not more than £[XXX.XX]. The bank's
charges are a disproportionate penalty and therefore unenforceable. Penalty charges are
irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage
[1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The Defendants
charges are also contrary to the Unfair Terms in Consumer Contracts Regulations 1999.
Para.8 and sch.2(1)(e)) The claimant has asked the bank to refund their charges or offer
proof that they are true pre-estimate. The bank has declined to do so.
The claimant claims no more than £[XXX.XX], being the sum unlawfully debited.

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing
Leave the rest blank

Part A
intend to apply for an order that:
amends my particulars of claim

because:
my particulars of claim did not claim for statutory interest allowed by S.69 County Courts Act 1984

Part B
Tick evidence in part c

Part C
Please find attached to this application my proposed new particulars of claim, amended to include statutory interest allowed by S.69 County Courts Act 1984. A schedule of charges showing the statutory interest is attached

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

N1 PARTICULARS OF CLAIM

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999) Para.8 and sch.2(1)(e) and the Unfair Contract Terms Act 1977. Penalty charges are
irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963.

5. The claimant has asked the bank to refund their charges or offer proof that they are true pre-estimate. The bank has declined to do so.

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.Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

Michael Browne you are a star with a wealth of knowledge (I hope you are in the legal field so you can kick some butt) I shall continue with my form now and keep you posted with my progress. with kind regards sacha (aka volks23)

Another question shall I follow the procedure on this site for completing my new N1 with the above particulars of claim as I have realised my inital mistake was to leave the section titled value blank and the instruction given lists the following

Value:

Quote:
Charges £xxx.xx
overdraft Interest £xxx.xx
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx

TOTAL £ xx.xx

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

Yes.

Oh and submit the schedule as per your original filing.

Click on the time in your taskbar and set the date to the date you filed. Open the s/s and print off. Reset date.