Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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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.

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  1. #1
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    Default steveh3 newbee

    Hi all

    Great site, love seeing the money relaimed going up and up.

    I have started to reclaim charges from Barclaysicon for £1395, they have offered £715.

    I am unhappy about the amount offered, has anyone any experience of nagotiating for more or do I need to go to court.

    Cheers

    steveh3

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  2. #2
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    Default Re: steveh3 newbee

    Hello

    There is a letter in the templates libraryicon to adapt. You should accept the offer as part payment in your claim, but let them know you will take them to court if need be. Go for it all as it is your money. Can you post in the bank forum under Barclaysicon.Your questions in the future will be answered quickly.

    Uk


  3. #3
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    Smile Steveh3

    Elo peeps

    I have just joined, but finding navigation around site a bit difficult.

    I am trying to locate the Barclaysicon users forum ?

    I have already contacted barclays for a refund of £1395, but got an offer of £715, I need some advice or others experience in this situation.


    Cheers


  4. #4
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    Default Re: Steveh3

    Welcome.

    Yes, it is a bit like Hampton Court maze at first, Barclaysicon forum is here:
    http://www.consumeractiongroup.c o....barclays-bank/

    Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

    Then look at other threads in your bank’s forum, so as you know what you can expect to happen

    You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interesticon, save it in your Favourites, so as you can always find it easily. Here’s one to start with, which you should find useful later:
    http://www.consumeractiongroup.co.uk...hat-youre.html

    There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time

    This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

    When you feel confident that you understand the process and the various stages involved, start a new threadicon in your bank’s forum and post your progress and any questions there and you’ll get plenty of help

    All the info to get you started is here:
    http://www.consumeractiongroup.co.uk...se-read-these/

    Finally the Moderators and Site Helpers are having to spend far too much time dealing with unnecessary and avoidable errors in claims caused by impatience, ignorance or just plain laziness. If you don’t know what to do next, ask. If you don’t understand something, ask. It might be a dumb question, but it’s a lot easier to sort out than a dumb mistake.

    Good luck


  5. #5
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    Default Re: Steveh3

    Thanks Michael

    Thats a great help.

    Now there is light.

    Thanks


  6. #6
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    Default Received an offer

    Hi

    I have received an partial offer from Barclaysicon of £715 for a claim of £1395, which I am rejecting.

    Does anyone have any information about going to court in Scotland to recaim the money and is there a legal bundle for Scottish Law.

    Thanks

    Steve h3


  7. #7
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    Default Steveh3 v Barclays (just got refusal letter)

    After refusing an offer for £715 for a claim of F1395, I've recieved a letter stating they would not increase the offer.

    I must now start court proceedings, a bit frightening.

    I have downloaded the court bundle, but I now live in Scotland and I think thereis a difference in the Law.

    Does someone know the differences and how they could effect my case.

    Cheers

    Steveh3


  8. #8
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    Default Re: Steveh3 v Barclays (just got refusal letter)

    There are restrictions for the limit you can claim in small claims 750.00 a time.
    Have a read in the Scottish section there you will find more info.

    http://www.consumeractiongroup.co.uk...procedure.html

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.
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  9. #9
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    Default Re: Steveh3 v Barclays (just got refusal letter)

    Thanks for the help Martin3030.

    This is not god news for me as I am trying to claim back £1395, do you know of any other method of making a claim for the full amount or can I make two seperate claims.

    Thanks


    Steve Haggerty


  10. #10
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    Default Claiming in Scottish courts is there a max limit

    Hi all
    I need some advice from anyone who has made a claim in a Scottish court.
    Is it true that the max claim that can be made in Scottish small claims is £750, if this is true it is very worrying forme, as I am trying to claim back £1395.

    any advice would be appreciated.

    Cheers

    Steveh3


  11. #11
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    Default Steveh3 v Barclays

    Hello all

    Barclaysicon have refused to pay back in full, so I am about to start court proceedings.

    Here in scotland the max I can claim back in the small claims court is £750, which means I will be taking barclays to court twice, what fun.

    I will let you all know of my progress and if successful make a payment to this great site.

    Cheers

    Steveh3


  12. #12
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    Default Re: Steveh3 v Barclays (just got refusal letter)

    Getting sorted to go to court, if I add the standard interesticon and my expenses I go over the £750 max.
    Is this correct or must the total claim be below £750.
    Steveh


  13. #13
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    Default Going to court with barclays

    Hi all good people
    I have a claim for £1080 from Barclaysicon.
    I have made the claim for refund.
    I have recieved an offer of £715.
    I have sent the lbaicon and they would not offer anymore.
    I am about to apply to the small claims court.
    Has anyone any experience dealing with Barclays through Scottish courts. I am raising two claims. 1, £740+176.85 interesticon, 2, £340+134.82.
    The 1st claim is under the max claim allowed, but when the interest is added it is higher than the max, am i doing the right thing.
    Any help would be great.
    Steveh3:-?


  14. #14
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    Default Taking barclays to court in scotland

    Hi guys
    I really could do with some help, could someone look at this claim and tell me if its valid.
    Cheers
    steveh3


    ENTER YOUR FULL NAME HERE
    ENTER YOUR BANK'S FULL NAME HERESORT CODE:ACCOUNT NUMBER:SCHEDULE OF CLAIM FOR CHARGESPERIOD: [DATE FROM] TO [DATE TO]In Respect of:AmountDate IncurredDays since offenceinteresticonUNPAID CHQ CHARGE£10.0031/03/20031446£3.17The first interest rate is for interest on unlawfully deducted items up to the date of service. You can use almost any rate you see fit, or are brave enough to claim, i.e. 2% above base rate, 8%, contractual rate, etc. Obviously you may have to justify the rate you use in court.UNPAID CHQ CHARGE£10.0003/03/20031474£3.23UNPAID CHQ CHARGE£10.0001/05/20031415£3.10UNPAID CHQ CHARGE£10.0001/05/20031415£3.10UNPAID DD CHARGE£10.0031/03/20041080£2.37UNPAID DD CHARGE£10.0031/03/20041080£2.37CLEARED TRANSACTION£10.0001/05/20041049£2.30CLEARED TRANSACTION£10.0001/05/20041049£2.30CLEARED TRANSACTION£10.0001/05/20041049£2.30CLEARED TRANSACTION£10.0001/05/20041049£2.30Enter rate used here:8%UNPAID DD CHARGE£10.0001/05/20041049£2.30CLEARED TRANSACTION£10.0031/05/20041019£2.23The second interest rate is for interest on the total claimed at the date of service. You must use the judicial interest rate which currently is 8%.CLEARED TRANSACTION£10.0031/05/20041019£2.23CLEARED TRANSACTION£10.0031/05/20041019£2.23CLEARED TRANSACTION£10.0031/05/20041019£2.23UNPAID CHQ CHARGE£10.0031/05/20041019£2.23UNPAID DD CHARGE£10.0031/05/20041019£2.23UNPAID CHQ CHARGE£10.0031/05/20041019£2.23Enter date of service here as text:16/03/2007CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0001/07/2004988£2.17CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/07/2004958£2.10UNPAID CHQ CHARGE£10.0031/07/2004958£2.10UNPAID CHQ CHARGE£10.0031/07/2004958£2.10CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03UNPAID DD CHARGE£10.0031/08/2004927£2.03UNPAID DD CHARGE£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0031/08/2004927£2.03CLEARED TRANSACTION£10.0001/10/2004896£1.96CLEARED TRANSACTION£10.0001/10/2004896£1.96CLEARED TRANSACTION£10.0001/10/2004896£1.96CLEARED TRANSACTION£10.0001/10/2004896£1.96CLEARED TRANSACTION£10.0001/10/2004896£1.96UNPAID DD CHARGE£10.0001/10/2004896£1.96UNPAID CHQ CHARGE£10.0001/10/2004896£1.96UNPAID CHQ CHARGE£10.0031/10/2004866£1.90UNPAID DD CHARGE£10.0031/10/2004866£1.90UNPAID DD CHARGE£10.0031/10/2004866£1.90UNPAID CHQ CHARGE£10.0031/10/2004866£1.90CLEARED TRANSACTION£10.0031/10/2004866£1.90CLEARED TRANSACTION£10.0031/10/2004866£1.90CLEARED TRANSACTION£10.0031/10/2004866£1.90CLEARED TRANSACTION£10.0031/10/2004866£1.90UNPAID CHQ CHARGE£10.0001/12/2004835£1.83CLEARED TRANSACTION£10.0001/12/2004835£1.83CLEARED TRANSACTION£10.0001/12/2004835£1.83CLEARED TRANSACTION£10.0001/12/2004835£1.83UNPAID DD CHARGE£10.0001/12/2004835£1.83UNPAID DD CHARGE£10.0001/12/2004835£1.83CLEARED TRANSACTION£10.0031/12/2004805£1.76CLEARED TRANSACTION£10.0031/12/2004805£1.76UNPAID CHQ CHARGE£10.0031/12/2004805£1.76CLEARED TRANSACTION£10.0031/12/2004805£1.76CLEARED TRANSACTION£10.0031/12/2004805£1.76CLEARED TRANSACTION£10.0031/01/2005774£1.70CLEARED TRANSACTION£10.0031/01/2005774£1.70CLEARED TRANSACTION£10.0031/01/2005774£1.70CLEARED TRANSACTION£10.0031/01/2005774£1.70CLEARED TRANSACTION£10.0031/01/2005774£1.70CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63UNPAID CHQ CHARGE£10.0003/03/2005743£1.63UNPAID DD CHARGE£10.0003/03/2005743£1.63UNPAID CHQ CHARGE£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0003/03/2005743£1.63CLEARED TRANSACTION£10.0001/04/2005714£1.56CLEARED TRANSACTION£10.0001/04/2005714£1.56CLEARED TRANSACTION£10.0001/04/2005714£1.56CLEARED TRANSACTION£10.0001/04/2005714£1.56CLEARED TRANSACTION£10.0001/05/2005684£1.50CLEARED TRANSACTION£10.0001/05/2005684£1.50CLEARED TRANSACTION£10.0001/05/2005684£1.50CLEARED TRANSACTION£10.0001/05/2005684£1.50CLEARED TRANSACTION£10.0001/05/2005684£1.50CLEARED TRANSACTION£10.0031/05/2005654£1.43UNPAID DD CHARGE£10.0031/08/2005562£1.23CLEARED TRANSACTION£10.0031/08/2005562£1.23CLEARED TRANSACTION£10.0031/08/2005562£1.23CLEARED TRANSACTION£10.0001/10/2005531£1.16CLEARED TRANSACTION£10.0001/10/2005531£1.16CLEARED TRANSACTION CHARGE£10.0001/10/2005531£1.16£1,080.00£207.93TOTAL CLAIMED AT DATE OF SERVICE:£1,287.93JUDICIAL INTEREST AT CURRENT RATE OF 8%£0.00TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT£1,287.93


  15. #15
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    Default Re: Taking barclays to court in scotland

    Ok have you sent a prelim letter ?

    Or are you asking whether you have calculated the penatly fees correctly.

    UNPAID DD CHARGE you can claim
    UNPAID CHQ CHARGE - I am not sure you can claim ( anyone else have any idea )
    Unpiad Outs you can claim
    Paid Referals you can claim


    Not entirely sure what cleared transaction would be £10, perhaps some once else could clarify

    If I have been of any use to you in my response please click my scales.

    MBNA WON 16/3/07 £1700
    Barlcays N1 fileld in and awaiting funds to take them to court.

    If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

    Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

  16. #16
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    Default Going to court

    Help
    I have a date for the court 11/04/07, I contacted the court officer who said that Barclaysicon have contacted them and say they will contest my claim.
    This has made me a bit nervous, is this normal barclays behaviour, or am I in trouble.
    Steve H


  17. #17
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    Default Re: Going to court

    I'm assuming that the 11/4 is the date you filed the claim online? If it is then there's nothing to worry about, this is just standard practice for the banks, normally they'll settle a few days before the actual court date.


  18. #18
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    Default Re: Going to court

    Hi Squall

    No I didn't claim on line I started the claim over a month ago.

    I don't know the procedure do i recieve anything from the court or Barclaysicon before the court appearence.

    Thanks for your help

    Cheers

    Steve H


  19. #19
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    Smile Barclays paid up without a fight

    yahoo
    Court date was this friday, got a letter from Barclaysicon monday paid in full.
    It was so easy they said it was relatively small (£1485) and not cost effective for either party to take the matter to trial.
    Ha it may be a small amount to them but not to me.
    go on everyone it feels great to beat the B******ds.
    Now how do I donateicon to this site.


  20. #20
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    Default Re: Barclays paid up without a fight

    Well Done Steveh3



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