Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was wondering if anyone could give me any advice about my claim against Barclays please as it's a bit different from the others I've read about.
Basically, I have an overdraft limit of £2000 and am permanently in my overdraft. In the past I have exceeded my limit from time to time but never by more than around £50 which has been sorted out within a matter of days but that didn't stop them from charging me. As soon as I exceed the £2000 I get charged £30, if this isn't sorted out in 2 days then I get charged another £30, and again I get another charge of £30 if it's not sorted within a week.
I've received my statements and I calculate they've taken £595 in "Paid Referrals" since July 2003. I've gone through the stages as advised on this site and have received a "Full and Final Settlement" offer of £455 which I rejected. They have now written back and said they're refusing to pay me the full amount and that these charges were explained in the terms and conditions when I opened the account. I've been given 8 weeks to sign a piece of paper accepting the £455 as full and final settlement but the offer's not admitting any liability.
Having looked at the section on this site about interest (if I've done it correctly) they owe me in total including interest £690.89 but I'm a little confused. So I have a couple of questions:
Is this the correct interest given that I'm permanently in my overdraft? Obviously I understand I can't claim back overdraft interest I've been charged considering this is my own fault anyway and not because of additional charges.
Given my situation, if I'm going to write a letter before action next then how should I word it? What should I include or leave out?
What do you think my chances are of recovering the whole amount?
Should I refer to the terms and conditions of my account? I can't even remember what they were!
Any help and advice anyone can offer would be greatly appreciated.
Is this the correct interest given that I'm permanently in my overdraft? Obviously I understand I can't claim back overdraft interest I've been charged considering this is my own fault anyway and not because of additional charges.
You will add 8% to your charges once you start the proceedings. The fact that you went over your limit is not in dispute here, what is is the charge imposed when you did, Barclays could have charged you the true amount of £2.50 but NO! they had to put on a totally made up figure of which they have no basis of reaching, this is what we are fighting for, If they can show how they reached the figure of £30 - £35 then fair enough, but they cant, Theys Know it, We know it and the Courts know it.
Given my situation, if I'm going to write a letter before action next then how should I word it? What should I include or leave out?
Previous to the letter before action I haven't mentioned anything about interest. Should I just add it in as a 'by the way'? I'm not sure how I should do this. Sorry for my ignorance...
heyy, youre not ignorant....
not many of us knew anything about this process before starting out on our adventure.
Right, you dont normally add the interest until you file with MCOL or submit your N1 form to the court....
however, saying that, due to my ignorance and impatience and not reading the FAQ's in full, I sent my whole spreadsheet including the interest in the initial request.
It hasnt made the slightest bit of difference to my case so far..
Remember, the judge realises that we are just average joes who have little knowledge of how this system works so they are lenient to a certain degree.
if you get stuck, just ask, the guys n gals on here are excellent..
Ok guys, so I'm now in full swing. I've applied to the small claims court and have no received their defence along with an allocation questionnaire.
The defence is 3 pages long and denies everything. Is this normal? It says they CAN charge the penalty fees because I signed something say I agreed they could.
"It is denied that the charges were unlawfully debited from the account."
"It is further denied that sny such charges unduly enrich the Defendant."
etc.
I can scan it in if anyone wants to have a read of it.
I've never done anything like this before and I'm a bit worried that if it does go to court I won't be able to argue my case because I don't know what I'm talking about.
However, now that you've got your AQ, which presumably has to be paid for (if you're claiming over £1500) I would send Rosemary Treves-Brown an updated Schedule of Charges with a letter saying something like:
'I am in receipt of a copy of your defence and will shortly submit my AQ to xxxxx county court, together with a Draft Order for Directions.
Please find enclosed for your reference an updated copy of my Schedule of Claim for Charges, which must now also reflect the cost of the AQ submission - £xxx.00
This now brings the total owing to £xxxx.xx
It won't hurt and if you send it recorded delivery they can't claim they haven't had notification of the charges. You could also mention that the court would probably appreciate a settlement without it's intervention. They probably won't bite at this stage, but once you get a court date things will look up .
Above all, don't worry about arguing your case in court - it won't get that far!
Just keep your nerve and stay in touch with this site and you'll be OK
My total claim is £771.02 and I've already paid the £80 court fee so I didn't think I needed to pay the allocation fee as well. So the overall claim total hasn't changed and is still the amount I entered on the initial form.
As Johnny says, send them a letter stating youhave received their defence and noted that it is a std copy sent out to 90% of claimants.
Go on to say……
I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £771.02.
Only once in receipt of cleared funds will I then discontinue all action against Barclays in connection with this claim
[[this is actually taken from THEIR agreement letter]]
Are you trying to confuse them by using their terminology against them, dar£n ? lol
LOL
This is actually THEIR wording in their std settlement agreement, just amended to direct it from OUR side, using this they cant dispute it cos its what they believe,,, good eh?
Ok, I've now got a preliminary hearing on 5th July. What do I do?!
Do I have to be there in person? (my account is still registered at my parents address in Wales but I live in London so I'd have to take time of work to attend).
What will my arguments be? (I'm not very good with speaking in public and will probably stumble over my argument and look like an idiot).
I would email/ring the Litigation team saying that you have a court date and wqs wondering who is actually dealing with your claim ..... Make sure that when you call them that you have an up to date SOC so you can talk figures ..... My guess is that they will be willing to settle
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Contact details are on the link i posted in the previous post .... if you used the spreadsheet from on here it automatically updates the interest everytime you open it
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
My claim **WON**
please as it's a bit different from the others I've read about.
Reply With Quote
Re: My claim
Originally Posted by johnnymitch
