Thread: Steve_T Vs Barclays **WON**

Hi, I'm in the process of reclaiming from Barclays just over 3 grand. They ignored my first two letters so I entered a Money Claim Online action. They entered an acknowledgement giving themselves 28 days. The 28th day fell on a Saturday which was when I learned that they had until the next full working day to respond (enter a defence). Surprise surprise they did this at teh very last moment which I think is not only crap but wastes everyones time. I now have to fill out teh Allocation Questionnaire which I'll do over the weekend as I can't afford to slip up and make mistakes.

Part of Barclays defence was that some of my claim is now beyond 6 years. It wasn't when I wrote them the letters that they ignored.

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I'm filling in my allocation questionnaire this weekend. Barclays ignored my first letters and then offered £1000 when I put in MCOL without actually referring to MCOL. My claim was £3000 so I turned it down. They entered an acknowledgement giving themselves 28 days and on the last moment of the last day entered a defence. Their defence was the usual bluster but also a) I had not given particulars of the charges (I had done so in my first two letters) and - b) Part of my claim was beyond 6 years (it was not beyond 6 years when I originally wrote to them)

I'd love some advice on filling in the A.L. and what to include with it. The form I have been sent is N149 though I will DL the PDF so I can type my answers as my handwriting is crap. Is there any sense in using a different form in my instance perhaps to give more detail.

Is there any point in adding anything to [G] "other information" other than what is reccomend here. I'm tempted to point out that Barclays ignored my letters and hence the reason for the court action and that the ignoring of my letters was what put some of my claim beyond six years

See aq Guide Here:
Allocation Questionnaires - A guide to completion
Allocation Questionnaires - A guide to completion

Draft Order in post #2 and passge for section G in post #3 here:
Allocation Questionnaire - Draft directions order
New strategy for Allocation Questionaires

my handwriting is crap as well but i don't think it matters as long as it's fairly eligible.
i used the new draft order for directions and was allocated a court date in april but got a result this morning as they hadn't complied with the judges directions and got it struck out.
letter this morning off bank offering Full and final settlement.
just have a look at those links and decide which way you want to go , pretty straightforward really.the worst bit is the waiting.
good luck

I'm at the court stage of this now and need to prepare my allocation questionnaire. I'll copy below what I posted a little earlier. [bitingback;649710]BITINGBACK suggested I start this thread (Thanks) Did I read somewhere I should PM a moderator and notify them of this thread stating my Claim No. Cant find that now. Should I do this?

Originally Posted by Steve_T

I'm filling in my allocation questionnaire this weekend. Barclays ignored my first letters and then offered £1000 when I put in MCOL without actually referring to MCOL. My claim was £3000 so I turned it down. They entered an acknowledgement giving themselves 28 days and on the last moment of the last day entered a defence. Their defence was the usual bluster but also a) I had not given particulars of the charges (I had done so in my first two letters) and - b) Part of my claim was beyond 6 years (it was not beyond 6 years when I originally wrote to them)

I'd love some advice on filling in the A.L. and what to include with it. The form I have been sent is N149 though I will DL the PDF so I can type my answers as my handwriting is crap. Is there any sense in using a different form in my instance perhaps to give more detail.

Is there any point in adding anything to [G] "other information" other than what is reccomend here. I'm tempted to point out that Barclays ignored my letters and hence the reason for the court action and that the ignoring of my letters was what put some of my claim beyond six years

You thread is here:
http://www.consumeractiongroup.co.uk...tionnaire.html

See there for reply.

I'm about to fill in my allocation questionnaire. It's all very clear to me apart from additional info section and I'd just like to run what I intend to write by you folks before I do so. The part in blue is straight from teh templates on this site. The part in red is my own addition. I feel the need to write this because in Barclays defence document they have claimed (among the usual bluster) a) I have not given details of the account b) I have not give details of the charges c) Some of the charges fall beyond 6 years.

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 its customer’s 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 argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their 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 it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.


I note that in the Defence and Counterclaim Document the defendant claimes that:

a) the claimant has not provided details of the account in question and the precise charges alleged to have been unlawful. I provided these details to the defendant in letters dated December 28th 2006 and January 15th 2007. I have attached these details again here and have sent a further copy to the defendant

b) that some of the charges claimed are time-barred under the terms of teh Limitation Act 1980. When I first wrote to the defendant these charges were within the 6 year limit, however it is only because all my coorespondences to the defendant were ignored that I reluctantly resorted to applying to the court

I'm reviewing my paperwork and I see my particulars of claim state

Between the dates of 15/05/2001 and
25/08/2006 the Defendant applied numerous
default charges to the Claimants bank
account

My maths isn't great but none of that is beyond six years is it ? (or am I wrong)

One of Barclkays defences is that some of my claim is time barred.

Just goes to show how generic their defence is and not actually specific to each claim.

In that case shall I expose their error early or just let it run it's course and retain as a potential trump card

I'm going to hold off sending my aq in til, the weekend. I have to pay the court £100 and to write a cheque right now may send me into "unauthorised overdraft"

I was talking to a friend of mine who is a magistrate who said that judges really hate generic defences particularly when they are wrong so I'm going to add the following to my alocation questionnaire

Furthermore the defendant states in their defence that some of my claim is time barred. This is factually incorrect and smacks of a generic defence statement applied across the board in all cases. All of my claims are within 6 years

Thanks for merging the threads Janet-M It was getting kinda lonely in here.

I lodged my claim on 05/02/07

The date of the first claimed charge is 15/05/01

That looks to me like it's within 6 years right?

Therefore they have entered a factually incorrect defence. As I mentiond earlier my Magistrate friends says judges don't like that kind of generic and incorrect defence

I know we're supposed to stick to the plan but after I sent my aq to the court I also sent a letter to the "Litigation Dept" of Barclays. I said that I had noted their defence stated I had not given particulars of my claim which surprised me as I had given these particulars in letters they had ignored prior to my going to court. I attached another copy by way of courtesy. I also noted that their defence stated that some of my claim was time barred. I pointed out that this was factually incorrect and that I had brought this fact to teh attention of the court.