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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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Question tagal v Barclays **WON**

    Hi I have sent my lbaicon letter to Barclaysicon at Customer Services, Leicester as this is where I have been receiving all correspondence from. Should I have sent my LBA letter to Churchill Place or am I OK so far?

    Also one technical question, sorry! I had posted a previous message on this site and was asked to start a new threadicon. I did this, does this mean I have to add any updates etc to this as I can't seem to find it. Not really sure whether I have to post a new thread with each question.

    Sorry, did a night shift last night and not with it at the moment.

    Similar Threads:

  2. #2
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    Default Re: tagal v Barclays

    you use this as YOUR thread and use REPLY to add to it

    Churchill place is fine

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  3. #3
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    Default Re: tagal v Barclays

    Thanks for quick response. I have sent lbaicon letter to Leicester, am I correct in saying that once the time is up for them to respond and I start court proceedings, I should then use Churchill Place address, or continue to use the address I have been using so far.


  4. #4
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    Default Re: tagal v Barclays

    Yep, once court proceeding have been initiated all correspondence to Litigation Team, 1 Churchill Place, London, E14 5HP by Recorded Delivery

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  5. #5
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    Default Re: tagal v Barclays

    Thanks again, all a bit scary at the moment.


  6. #6
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    Default Re: tagal v Barclays

    Its simply a procedure!
    Stick to the guidance on CAGicon and you will do just fine.

    Everyone is a bot vervous at teh start taking on Giants Barclaysicon, but as you progress and become familiar of how they work, you will become more confident and by the end you will WANT to face them in court,,,not that that will happen....pity

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  7. #7
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    Default Re: tagal v Barclays

    Hi, I have just read an article in the Mail which quotes "A first request for a refund will be rebuffed. A second requests leads the bank to offer half the charges. On the third attempt, the bank will offer three-quarters. If the customer isn't worn down and takes their case to the Ombudsmanicon then the bank pays up in full".

    I have sent of my lbaicon letter and am waiting for a response, but get the feeling they are not going to reply by my deadline.

    I am just wondering what you all think of above quote and if anyone has complained to the Ombudsman. I am just wondering at what stage of your claim should you do this. Should I wait for a response to my LBA and then complain. I am not sure I have read that anyone has had charges refunded from writing to the ombudsman.

    Does anyone have an idea what I should say in the letter as I would like to word it properly and I am sure it would help others to.

    Thank you, I know there are some very clued up people on this site.


  8. #8
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    Default Re: tagal v Barclays

    any thoughts please


  9. #9
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    Default Re: tagal v Barclays

    Hi all, very fed up today.

    Story so far:

    20th March: Received 6 yearsicon statements from Barclaysicon.
    3rd April: Sent of letter asking for refund of charges
    11th April: Letter from Barclays saying usual **** and they will respond no later than 4th May.
    3rd May: Letter from Barclays saying still unable to respond, will respond by 5th June.
    5th May: lbaicon letter sent giving them until 25th May to refund charges.
    Today: Letter from Barclays saying still unable to respond will contact me again by 29th June!

    I am surely being fobbed off now so I guess now is the time to start proceedings, but am really scared, but I am owed over £4000 with interesticon. Any encouragement and help would be really appreciated. I have already gone past the date I said I would start proceedings (25th May) as stupidly I was hoping to get some sort of response from them. Who am I kidding. I am going to do the online claim, could someone direct me to the correct site. Would it be OK to ask any questions I have as I go so that I get this dead right.

    Thanks


  10. #10
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    Default Re: tagal v Barclays

    Quote Originally Posted by tagal
    now is the time to start proceedings, but am really scared, but I am owed over £4000 with interesticon. I have already gone past the date I said I would start proceedings (25th May)
    Right you have sent your lbaicon in, the deadline has expired, they have not responded to your requests, the next thing to do is to start at MCOL.
    https://www.moneyclaim.gov.uk/csmco2/index.jsp

    complete the forms with the help of:
    http://www.consumeractiongroup.co.uk...laim-line.html

    It doesnt matter when you file, you were being generous by allowing them more time wasnt you??

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  11. #11
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    Default Re: tagal v Barclays

    Thank you so much dar£n, I am going start MCOL. I have a horrid feeling I will have lots more stupid questions to ask you! Hope thats OK


  12. #12
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    Default Re: tagal v Barclays

    hey hey, if its gets your money back, theyre not stupid questions are they?

    Have you done this before? I presume not! so how are you expected to know eh eh eh?

    you keep asking those ''IMPORTANT'' questions..OK

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  13. #13
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    Default Re: tagal v Barclays

    Hi,

    Have just received a response to my lbaicon from Barclays. Basically saying that they do not agree with my letter and are not refunding my charges and have not offered to refund part of them. This was a shock as I thought that Barclays were offering part of the charges back to everyone. Is there anyone who has not had an offer after their LBA.

    My worry is that my account was closed by Barclays because I am on a dmpicon and am paying back a set amount each month to clear my overdrafticon of around £500. Do you think this is the reason why they are acting this way, because they know that I have no chance taking this further in court. The upsetting thing is I owe them £500 and they owe me over £3000. So if they paid me back my charges I could clear my debt with them. I doubt I would of got in the position I am now in if I hadn't received these charges in the first place.

    I have called Barclays in response to their letter and they say that the reason I have may not even had an offer is "maybe, because account was closed with a debt, and that if I want, I should refer to the Financial Ombudsmanicon Service". The lady I spoke to couldnt give me any information other than that.

    So, what do I do now?

    Contact the ombudsman or start court proceedings or both.

    Do you think that because of the financial position I am in, Barclays will show up in court and I will loose. Obviously I know you can't predict what will happen. But I need some advice if you don't mind as I am not legally minded, and am not sure whether should go any further, due to me being on a dmpicon and do not have funding to fight this if they defend in court.

    Sorry, waffled on a bit, but quite upset after receiving letter.

    Thank you all


  14. #14
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    Default Re: tagal v Barclays

    Just to add, the letter states
    " Sorry I am to learn that you feel the bank charges you have incurred are unfair, Barclaysicon is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view"

    They then go on to mention their T&C's relating to the use of their account and details of their charges and "in view of above points we are unwilling to refund charges you have incurred as requested".


  15. #15
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    Default Re: tagal v Barclays

    Can anyone help please, perhaps its wrong time of day and better to wait until this evening. Thanks


  16. #16
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    Default Re: tagal v Barclays

    There have been numerous people on here claiming for a closed account with success. I would continue with your claim through the courts there are people here who can help you with any problems/ questions you may have
    Dont worry you will get your money back the letters you have received are B's attempt at getting you to stop the claim


    Hope this helps
    Saint


  17. #17
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    Default Re: tagal v Barclays

    Thanks for reply Saint. Think I need to stop worrying and go for it.


  18. #18
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    Default Re: tagal v Barclays

    Worry is normal . Dont forget you have the backing of thousands on here all going through / been through the same any questions just ask and someone will help you

    saint


  19. #19
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    Default Re: tagal v Barclays

    Dear Tagal,
    I have 2 overdrafts with Barclaysicon. On 1st account o/d is £1250.00. However the charges I have calculated amount to £1525.00
    On 2nd account the o/d is £250.00. Charges calculated on that account are £145.00
    I never got an offer of any kind with the prelim letter or the lbaicon. However, they were quick enough to defend my claim filed at court. My view is they can pay up, and clear their books up, or, they can start affecting their bottom line and chalk it up as bad debt. Their choice!
    I can't tell you what to do, however I wholeheartedly agree with saintly_1. Better than wondering 'what if' 10 years from now!


  20. #20
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    Default Re: tagal v Barclays

    Hi Tag,
    I think Barclaysicon has been boosted by the Lloydsicon case, I had an offer and rejected it and have entered a claim. File a MCOL and CAGicon will advise you every step of the way! Good Luck!

    Barclays Personal Account
    04/03/2007 -S.A.R - (Subject Access Request) sent – no statements yet!
    17/04/2007- non compliance letter sent
    20/04/2007 - complaint to Information Commissioners Office
    10/05/2007 - Statements received
    10/06/2007- prelim letter sent for repayment

    Woolwich Personal Account
    04/03/2007 – S.A.R - (Subject Access Request) Sent
    04/04/2007 – Prelim letter for repayment sent
    17/03/2007 - LBA sent
    10/05/2007 - Offer received
    24/05/2007-Claim form issued
    21/06/2007-Defence Filed by Barclays
    09/07/2007-Allocation Questionaire Filed


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