Thread: We Need Your Litigation Details!!!!!

Hello all.

I'm new and it's taken me a while to navigate around the site to finally
get here. May I start by saying 'thank you' to you guys who have set up
this site - you're doing a great job! I'm saddened to hear that people who've been successful with their claims have not donated to help with admin costs of this site. that's a real shame...

I bank with Barclays. I'm repaying a £6000.00 loan (currently suspended
for a few weeks while I look for a debt management co. to help work out
a more manageable repayment plan). I've put in my claim for approx £2500.00 and I'm at the stage where I recently received a letter from my local county court informing me that Barclays has filed a defence to my claim (this was attached). It was scary! they claimed I didn't provide enough details of account in question or dates ( I know I sent copies of my statements highlighting these charges and dates via recorded delivery).
Please bear with me. Here are a few quotes: 'particulars of claim are summary in nature, accordingly, this defence is summary in nature and the Defendent reserves the right to amend this Statement of Case in due course'??? Also, after blabbing on about me knowing that going overdrawn would incur these penalties, which in their opinion, is fair, they write: 'accordingly, it is denied that the legal principles relating to liquidated damage clauses and penalty charges are relevant or applicable to the facts set out above'. And finally: 'those charges which were applied to the account prior to 03 April 2001 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than 6 years have elapsed since the accrual of the cause of action'???
I'm worried, but since browsing through your site, I'm much more reassured. I now have a clearer idea of what to do. By the way, can I ask for the 8% interest to be included on my claim even though I forgot to use the proper calculation procedure when I submitted my claim?

Please confirm that I'm on the right track:
Should I contact my local county court to ask whether I still have to pay the allocation questionnaire fee, even though their letter says to dispensed with?
Respectfully send judge a dispencing? order suggestion.
Contact defense solicitor using templates/bundle (can someone point me to the relevant links please? I took me ages to find them and I forgot to 'favourite' them).
Sorry for the long rant. All help is greatly appreciated. Thanks in advance!

hiya chris0709, i will follow you with interest as i am at exactly the same point as you,( eerily we are claiming the same amount too) and was being quietly confident but still nervous, when i got my letter of transfer to my local court and Barclays defence, i gave them a call and they said to jsut wait until the court got in touch with me and it would be in that letter what to do and wether to pay the £100, also dar£n advised me the same, I agree with you the people who run and help on this site need Knighting.

Hello Muggles.

Thanks for your encouraging reply. I wish you success with your claim too.
I called my local county court and was told to await further instructions just as you've done. I do have some concerns though, and I'm hoping you can help:
I've come across some threads which strongly suggest sending off a 'court bundle' to Barclay's solicitors and also respectfully requesting the court to order a review of the bank's procedures with regards to their charges, which would help my case in terms of the court seeing my attempts to settle out of court. This bundle is supposed to consist of a copy of my statements highlighting overdraft charges and a letter requesting the banks to explain their justification of such charges, and one or two other documents. If you know anything about this, can you forward a link to where I can download the relevant templates? I'd really appreciate this as I'm new to this site and finding it difficult to navigate around.

Thanks again, and all the best.

sorry i am not to hot with computers the best advice i can give you is to scroll to the top of this page click on consumer action group, then scroll to the 4th box down and there will be a list of different banks click on Barclays and start a new thread on there, the people there are brilliant and you will have all questions answered in amatter of minutes and they will be able to give you all the links you need also once there with your own thread people can follow your story and advise accordingly. sorry i cant be of any more help but hope this is ok for you

I am dfbankclaimer, I am new to the site and thank you for allowing me to join. I am claiming on behalf of my partner, £2,600 although he had a £500 overdraft the bank has been allowing him to go over that for the past 3 years( up to £1800 last month). However, we received a letter from moneyclaim informing us of transfer to a local court as Barclays were defending the claim and without notification they have stopped any withdrawals until the account is below the overdraft limit. We have received a letter today saying that the claim was alloacted to a small claims track on 06/06/07 and a fee was payable. We have not received anything requesting £100 and wonder if we've missed something. How far should we expect Barclays to take this claim? and what do we do next.

you need to start your own thread here http://www.consumeractiongroup.co.uk...barclays-bank/ just look for the new thread button

Thank you for allowing me to join the forum and good luck to all who venture down the claiming bank charges raod. I am acting on behalf of my partner claiming £2600 from Barclays. I file a laim on Money claim on 19/04/07, Barcalys acknowledged the claim and when I rang Money clim they told me they had until 28/05/07, unfortunately this was wrong and I waited until 29/05/07 to contact them again. Barclays had in fact only had until 22/05/07, however, Moneyclaim accepted Barclays defence on 23/05/07. I received a copy of the defence on 06/06/07 and rang the court they said they would send out a letter and questionnaire with a court date and request for the fee. 07/06/07 we received a letter stating the claim was allocated to the small claims track and £100 fee was payable and neither have been received. We have until 18/06/07 we will pay this tomorrow but should I have had other documents. I am confused! Parkvale replied yesterday saying they would settle which was reassuring. Will ring court tomorrow to sort out. Hope it will be ok, thanks for all advice.

hi bankfodder,i received notification from the court informing me that Barclays are defending.they require questionaire returned by 2 july.tried to contact krysta campbell, just voicemail and doesn't return message.i claimed £225, they offered £165.i took money and told them i'd be coming after the rest.can you give any help please...vbr cj.

Hi conchy_joe.

Were you informed you will have to pay a court fee for the allocation questionnaire? Call the court to find out.
I don't have any experience of calling the Barclay's litigation team. If your
calls are not being returned, just follow the court directions in your letter.
You should receive a letter from court listing Barclay's defense. Scary legal jargon but standard bluffing so don't worry - you're in the right place to get advice. Check out some of the other threads to get more specific info. All the best.

chris0709