Thread: Belfin V Barclays **WON IN FULL**

Hi All,

Due in court for my second claim tomorrow afternoon - getting a tad nervous now! (My first was settled in full back in Feb)

Received the usual offers of settlement, refused them all as they are not even close to the total being claimed.

Been ringing Barclays today to give them chance to settle in full before I have to book day off work tomorrow - can't get an answer.

Any advice?

Cheers.

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I am surprised that Barclays have let it get this far.

Surely they do not intend defending themselves do they!

Keep at them-they may come up with an offer out of the blue

They did not even comply with the court directions which required them to submit their defence to the court and myself 14 days prior to tomorrow's hearing.

I wrote to the court to have the Barclays defence case struck out, but only received a letter on friday (11/05/07) saying that my request had been noted and added to the court bundle I had submitted!

My second claim is for a second Barclays account and is within the six year mark.

My first claim from my other account was for a vastly smaller amount in charges, so I thought I'd risk claiming for those first to see how easy the process was!

Finally got through!

Just finished having a chat with a Mr Quinn at Barclays.

Apparently, Barclays will only settle on the original amount claimed, despite my (template) letters clearly stating that I will also claiming any addititional charges added to my account since the beginning of my claim.

He also claims that annual interest and daily interest are one and the same - is this right? My Schedule of Penalty Charges letter (another template) says -

"I am also claiming interest at the annual rate of 8% pursuant to section 69 of the county court Act.

In addition, I am claiming interest at the same rate up to the date of judgment or earlier payment at a daily rate.

The interest, in addition to the amount in charges and court costs, equates to the total amount of my claim."


So I thought I was able to claim both - I did in my first claim!

the way i see it the 8% stat interest goes on when you first file the claim, in court, the daily rate interest goes on each day after fileing the claim untill it is settled, (maybe another maths wizz kid will explain it better than me) but i think he is just trying it on to get you confused, don't argue with him over the phone say you want everything in writeing, just stick to your guns any problems just post on your thread.

No time to get anything in writing - I'm in court tomorrow afternoon!

Sat here by the phone in case Mr Quinn decides to call back - not looking promising.

Best get me suit out!

Cheers oneofakind - maybe you could explain that to Mr Quinn - he knew I was trying to explain that, but was being deliberately awkward I think - just to confuse me!

if everything has been done as per this site you won't have a problem,you might turn up at court but they won't,so you will get your money anyway, they love stringing it out as long as they can, they are experts at it so don't be too worried, anyway you can claim back for loss of earnings as well now. so good luck for tomorrow, and take the power with you.

In the knowledge that I was going to begin this second larger claim as soon as my first was succesful, I made very sure not to sign anything that would scupper it!

I think is reflected in the fact that Barclays have been offering to settle this claim on my second account - otherwise they would surely just send a photocopy of what I'd signed in my first claim and tell me to get lost!

how did it go?

What a day.

Rang Barclays this morning to ask them if they were actually going to turn up at court, or waste my time. I was told that legal counsel was on route to the court! I said "ok, I'm adding my loss of eanings for today then, bye", and that was that.

Ten minutes later, they phone back. Apparently Barclays would not be paying any loss of earnings or costs (something about 'litigant in person'?). I say "ok, well I'm leaving the house in a few mins to drive to court, so we'll sort it out there, bye".

A couple of minutes later, phone rings again. Now they wanted to confirm the total of my claim.

I tell them the total, phone goes quiet (on hold).

Then I hear "Ok, we've decided to agree to your claim, but only because the cost of our counsel will exceed the cost of the difference in our figures" (!)

I then adjusted one of their offer of settlement letters to show my total claim, drove to girlfriend's work and faxed it over. Rang Barclays to tell them it was on it's way, rang the court to tell them we had settled.

Tonight I have my money in my account!!