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


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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 Mafflondon V Barclays ***WON***

    Hi,
    I suppose I am halfway through my battle with Barclaysicon. I am demanding £1690 taken in so called paid referral fees over 6 yearsicon. Today Barclays offered me £830, more or less 50%. I will of course only accept it as partial payment and again demand the full amount or I will take court action. Will update my progress regularly.

    I have a question if someone would be so kind to offer advice please:

    My lbaicon was dated 31.10.2006. Barclays reply received today but dated 08.11.2006 with partial offer. When I reply to say I am claiming full amount do I await a new reply or do I remind them of the looming 14 day deadline I gave them in my LBA that expires on 14/11/2006 and then make a claim via court? Will the courts view this as unreasonable on my part?

    Thanks
    __________________
    Prelim for £1690 12.10.2006
    B'clys standard reply 17.10.2006
    LBA 31.10.2006
    Partial offer £830 08/11/2006

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  2. #2
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    Default Re: Mafflondon V Barclays


  3. #3
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    Question Re: Mafflondon V Barclays

    Thanks for that. Rejection letter to be sent to today.
    Another question that I cant find on FAQ's:
    The partial settlement letter from Barclaysicon was issued from "Retail Banking Customer Relations, Swansea" but my prelim letter and first response was to and from Barclays Head Office Customer Relations, 1 Churchill Place, London. Obviously I should reply to Sawnsea but shall I copy HQ as well?
    When I enter a money claim online I assume I use Barclays HQ address?
    Many thanks, great site, will continue with updates.
    ____________________
    Prelim for £1690 sent 12.10.06
    B'clays standard response 17.10.06
    lbaicon 31.10.06
    Partial Offer £830 dated 08.11.06
    Rejection Letter sent 10.11.06


  4. #4
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    Default Re: Mafflondon V Barclays

    Yes , reply to wherever the letter came from. No need, in my opinion, to send a copy anywhere.

    Yes, use their Churchill Place address when filing.

    Good Luck

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  5. #5
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    Default Re: Mafflondon V Barclays

    Thanks Welshman,
    Good luck with your case.


  6. #6
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    Question Re: Mafflondon V Barclays

    Hi all,

    Following my letter accepting partial offer of £830 but maintaining demand for full amount of £1690, Barclaysicon the next day (received today) wrote back again offering the £830 with apologies that I remain unhappy. However, they did say that they are unwilling to pay the partial amount as an interim payment adding:

    "If you do not wish to accept our offer in Full and finalicon settlement, it would appear we are unable to reach a mutually acceptable resolution... I trust I have fully explained the Bank's position".

    Has anyone else received this response? I suppose it is expected but it seems a little strange they replied again offering a partial amount and also they replied a day before I go to court! What does everyone else think?


  7. #7
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    Default Re: Mafflondon V Barclays- Quick Question

    Hi, an update...
    Have made my MCOL against Barclaysicon today. Will also post on the litigation thread. Please can someone advise how and which moderator I PM to do this.
    Also, can someone please advise what I now need to send to Barclays and the Court and when? I assume I send the schedule of charges with a covering letter? What do I need to say in that letter and what do I need to say to the court?
    Thanks

    ____________________
    Prelim for £1690 sent 12.10.06
    B'clays standard response 17.10.06
    lbaicon 31.10.06
    Partial Offer £830 dated 08.11.06, received 09.11.06
    Rejection Letter sent 10.11.06
    2nd partial offer letter (again £830) received 13.11.06
    MCOL 15.11.06


  8. #8
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    Question Re: Mafflondon V Barclays- Quick Question

    Hi, an update...
    Have made my MCOL against Barclaysicon today. Will also post on the litigation thread. Please can someone advise how and which moderator I PM to do this.
    Also, can someone please advise what I now need to send to Barclays and the Court and when? I assume I send the schedule of charges with a covering letter? What do I need to say in that letter and what do I need to say to the court?
    Thanks

    ____________________
    Prelim for £1690 sent 12.10.06
    B'clays standard response 17.10.06
    lbaicon 31.10.06
    Partial Offer £830 dated 08.11.06, received 09.11.06
    Rejection Letter sent 10.11.06
    2nd partial offer letter (again £830) received 13.11.06
    MCOL 15.11.06


  9. #9
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    Default Re: Mafflondon V Barclays

    Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

    The Court Manager,
    Money Claim Online
    Northampton county courticon
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH

    Dear Sir/Madam

    (Your Name) –v- (Bank)
    Claim No: ********
    Date Issued: xx/xx/xx

    Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interesticon claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

    I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

    Yours Faithfully

    When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.


  10. #10
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    Default Re: Mafflondon V Barclays

    Thanks Michael


  11. #11
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    Question Re: Mafflondon V Barclays - HELP!

    All was going smoothly...
    Please can someone advise.
    I had submitted by MCOL on 15.11.06. Issued against Barclaysicon on 16.11.06.
    Just about to send of the letter and schedule to the court and then to Barclays Solicitors and noticed a tiny tiny but significant error in my schedule.
    The charges tally is correct - £1690 but on one "date incurred entry" I put 14/12/2000 and not 14/12/2001. Therefore "days since offence" is incorrect and total interesticon amount is incorrect.
    How can I rectify and will it cost me?
    Many thanks


  12. #12
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    Default Re: Mafflondon V Barclays

    The difference will be negligible. To amend your claimicon will cost £35 (unreclaimable). Personally, I wouldn't bother


  13. #13
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    Question Re: Mafflondon V Barclays - Spreadsheet help

    Hello,
    I'm stuck.
    I think my schedule of charges has major errors and I am getting so confused when checking and rechecking via the speadsheets. Basically im getting differnt figures all the time. The excel simple spreadsheet website defaults to current date. How can I get it to work out charges, days since occured and interesticon calculation up to 15/11/2006 (the date of my MCOL claim). Once I have done this I can be sure of my figures and submit an amendmenticon if necessary.
    Hope you can help



  14. #14
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    Default Re: Mafflondon V Barclays

    Assuming you have saved your original s/s, click on the time in the taskbar and reset the date on your computer. When you open the s/s, it will calculate to that date. Reset the date afterwards.


  15. #15
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    Question Re: Mafflondon V Barclays

    Hi,
    My MCOL is officially issued against Barclaysicon today (submitted on 15.11.06) I still have not resolved my schedule problems. I will do the whole spreadsheet from scratch tonight and following Michael's advice reset my clock on my pc to 15.11.06 to get an accurate figure.
    Is there anyone here i can email my spreadsheet to if i still have problems?
    Also, where on MCOL should I look for Barclays formally acknowledging claim?
    I need to move fast on this I know as I have yet to submit my schedule to the court, do I have time?


  16. #16
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    Question Re: Mafflondon V Barclays

    xx


  17. #17
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    Question Re: Mafflondon V Barclays

    Hi,
    Barclaysicon have until end of tomorrow (05/12/06) to enter an acknowledgement of my MCOL. In the very unlikely event they do not, when can I request a judgement by default? Do I have to phone MCOL on the 6th to be sure they did not enter an acknowledgement.
    I know this is fantasy land and that Barclays will acknowledge at last moment but I want to move fast in the hope that if they are late I may just beat them to it.
    Any advice appreciated.
    Thanks,
    Maff


  18. #18
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    Default Re: Mafflondon V Barclays

    If tomorrows the date, then the deadline is 4pm. Press the apply for judgment button before 9am the next day and it will be dealt with that day. If you apply after 9 then they'll deal with it the next day. I think you will have to wait until after midnight before applying though.

    Having said that, and I know it seems unfair, if they respond before 4pm on the day you apply, they will continue as normal.

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  19. #19
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    Re: Mafflondon V Barclays

    Thanks welshman for the advice. There is actually a bit of conflict on CAGicon over this issue. Some are saying as Welshman says and indeed CAGicon official step by step guide. Others on the forum are telling me not to apply for a judgement immediately as this can result in the bank applying for the case to be stayed.
    Instead I have been told i could write to Barclaysicon informing them that that they did not seek acknowledgement and that if they do not pay full amount in 7 days I will then seek judgement by default.
    Apparently, this shows the court you are willing to negotiate in the litigation claim and winning the case on merit rather than by judgement.
    This was all said last night in the chat room and provoked quite an intense debate.
    Any other views?


  20. #20
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    Default Re: Mafflondon V Barclays

    Update...
    as predicted by all who have dealt / dealing with Barclaysicon they at the very last minute, 4pm today, acknowledged my claim. Last hour of the last day of deadline. Good old Barclays!!!



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