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Firefly100

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Everything posted by Firefly100

  1. Thanks dar£n - I've just been reading your whole story and am feeling more confident about proceedings... I'll email Krysta this morning and see if I get a response! I know from reading all the threads I have so far I need to be patient but this whole process seems so drawn out I just want it all to be over now. Thanks for the support.
  2. Bless you thanks! I did think it was for later but suddenly had a crisis of confidence. I've not been asked for any paperwork yet subsequent to submitting the AQ but have been putting together a bundle anyway to be ready in case it was asked for - and yes thanks, I know I'll need 3. Is it worthwhile contacting Barclays at this stage to see if they want to settle or do I just sit tight and wait?
  3. I sent my allocation questionnaire off ages ago and now have a court date of 25th July. I thought I prepared my court bundle to take to court with me... I'm now panicking that I should have mailed this with the AQ!?? Can someone let me know if I have majorly messed up? All I sent with the AQ was the schedule of charges.
  4. Thanks why!!!!!! - I guess I'll have to wait and see what the mailman brings in the morning! Fingers crossed all is OK.
  5. I mailed my N150 on 11th May 2007. in the form I explained that I was to be abroad between 31st May and 19th June. before going on leave I did not hear anything from the court. On return from leave I still did not have any mail from them and thought I really should have had something from them by now so this morning, I telephoned the court to ask what was happening and was told that I had a court date set for 25th July!!!! and that they had sent me a letter!! It transpires that they sent it to the wrong house number.... we actually have moved house and I double checked my forwarding address letter and I did give them the correct house number so this is entirely the court's fault... I have been reading on the forum that "Once the Judge allocates a hearing date he will send you and the defendants a letter with directions on. You need to comply with these directions in good time, its unlikely the bank will, if you get yours right it puts you in a stronger position." and also that if certain documents are not submitted to the court by a certain deadline then a case can be struck out! I am now panicking that I have missed this deadline because I didn't get the letter and instructions... The court is re-sending it to me today but I am terrified I will now be too late and my claim will have been struck out and I will have to start all over again... Can anyone who has had this letter from a judge let me know what the usual timescale is for submitting the paperwork?
  6. Sorry to ask again - it please if someone could let me know what amount I am putting in the box on the N150 form for amoutn claimed - is this my charges plus the interest on them only or do I add on the court fees of £120 + £100? Thanks for your help - really need to mail this and not sure what I am putting here!
  7. Thanks for this! just to further clarify then... I've done my spreadsheet and charges plus the interest on each charge at 8% APR calculated since days of offence = £2,378.62. I've already paid the court £120.00 for lodging my claim and now have to send a further cheque for £100 with the allocation questionnaire - so you are saying I add these into my total as well? i.e. add £220 more onto the total? Would these not be regarded at "costs"? On the notes for completing N150 you emailed me it says to include all interest but not costs in this box.... so I am confused as to what to put! All help gratefully received asap please as have to leave soon.
  8. Quote: Amount of Claim What amount of the claim is in dispute? Enter the total value of your claim in the space provided - This should include all interest but not costs. PLEASE someone - when it says in the consumer action group guidance notes for completing the N150 questionnaire to include interest but not costs... Is the 8% APR interest applied to each bank charge counted as interest or costs? I am not claiming any interest on my overdraft or charges just the charges themselves and the *% for each charge. My charges are £1,980, the 8% on top is £398.62 totalling £2,378.62. Do I put on the whole £2,378.62 into the box for the amount that I am claiming? I'm off abraod on business this eve so hane to get the questionnaire sent TODASY or it will be late! Please someone can you clarify for me. Thanks
  9. Thanks for posting this link - but the notes on this link are the notes I was referring to having read through and despite this, I still need more clarification - which is why I feel rather stupid (an unconfident!) My allocation questionnaire is due back by 15th May and I am off abroad on business on FRiday 11th so really NEED to send the questionnaire tomorrow. Soo... any help gratefully appreciated asap! Thanks
  10. Ok... so I have now received a letter from the court saying Barclays want to defend my claim in full... together with an N150 allocation questionnaire... and now I am getting a little scared to be quite honest! I am also feeling a bit thick as despite reading the notes for completing the allocation questionnaire I have all sorts of questions and worries about putting down the wrong thing... it's making me feel panicked and rather emotional so Icould really really do with some support and a shove in the right direction so if there's anyone out there who can help me you'd be very much appreciated! OK - so my questions so far are: 1. Section C "Pre-action Protocols" I've ticked yes to part 2 - for "have you exchanged info. and or documents with the other party etc etc" Do I attach my spreadsheet of charges here? shoud this include the interest column? And, seeing as I have been charged 3 more times since sending this to Barcays to start with, will this still be OK? 2. "What amount of claim is in dispute?" - I am claiming charges back only together with the interest per day since each charge - so do I just put down the total charges and ignor the interest at this point? 3. Witnesses - I have put myself down as a witness but it is asking me "Witness to which facts" - what do I write here? 4. Section F Proposed Directions: "Have you attached a list of directions you think appropriate for the management of the claim" - do I tick yes here and then download and complete the word document supplied in the guidance notes? "If Yes have they been agreed with the other parties?" - do I tick No as I haven't had anything from Barclays on this I don't think? 5. Other Information: "Have you attached documents to this questionnaire" - am assuming I tick yes? "Have you sent these documents of the other parties" - am assuming I tick yes here too? "If yes, when did they receive them" - do I put in the date I think they must have got my Letter before action? "Do you intend to make any applications in the immediate future" - I am really not sure what I am being asked here.... what do I answer? I do apologise as maybe people might think that this is all common sense and elementary but I guess I am having a crisis of confidence and am therefrom too unconfident to 2nd guess this! Thanks so much in advance for any help you can give.
  11. I have been following the step by step guide to claiming and think I am currently at stage 5: 5: 14 days later you are ready to claim in court. Complete this form with these details and attach your spreadsheet - with the 8% column showing and send to your local county court with your fee. I have received from the court a "Notification that Acknowledgement of Service has been filed" dated 11th April. Step 6 says that: 6: 28 days later you should receive a defence and an allocation questionnaire. Complete this with this template and return to court with fee if applicable (£100 for claims over £1500 ) From this I infer that until 11th May I should just be sitting tight and waiting for this defence to arrive in the mail, however, I am a little unconfident and just wanted to make sure that this is corect and there isn't anything else I should be organising / doing. Would be very grateful for someone to confirm that I should just be waiting for the defence at this stage as I'd feel a whole lot more confident! Thanks so much in advance!
  12. also.. I sent the 3 copies of my N1 form to the court on 20th March but have not received anything back yet - is this normal? did I need to log the case on line as well? just getting a little concerned I haven't done everything right.
  13. Dear All, I sent my 3 copies of the N1 court claim form together with a fee of £120 to the court on 20th March and then on 21st March received a letter from Barclays offering me a settlement which was less than the amount I am claiming. I think that the correct template I should be using to reject this offer is template 5 of the rejecting offers templates although this does say it is for use after court action has begun... includes the phrase - "You may not have been aware that I commenced legal action against you for the full amount etc etc" I have not received anything back form the court confirming my claim is being processed so was wondering if, simply by having submitted the forms to the court this means I have commenced legal action? Would be great for some advice on this as am worried about sending the letter stating I have commenced legal action if in fact I have not. Thanks for all of your help
  14. Thanks so much for the fast response and clear info!
  15. I have read on the website that I need to make 3 copies of my claim form and spreadsheet, one for the court, one for the defendent and one for me... Sorry if this sounds like a simple question...Do I post all 3 of these copies to the court? Or do I post one to the court, one to Barclays and keep one for me? Thanks so much for your help!
  16. I sent a letter to Barclays asking for my statements to find my total charges for reclaiming them using the template letter on the moneysavingexpert website. I received my statements and totalled the charges and then sent a letter back to Barclays asking for these to be repaid including interest owed - again using a template from moneysavingexpert. The 14 days expire today and I have had no response from Barclays. I have now discovered this fantastic website and am concerned as the advice given here says not to claim interest when initially asking for my money back.... Have I made a huge mistake and will this affect what happens next? I've also just been charged again this week so need to claim for this referral fee in addition to the first list of charges I asked to be returned and, being naive, I didn't think I could claim for "unpaids out" charges so didn't include these charges in my intial letter either... I wish I had found this site first! Do I start again with a new schedule of charges and remove the interest column or do I send my 2nd letter and include the new charges as an amendment? Grateful for all help.
  17. Thanks so much for getting back to me! Monthly rental is £1300 and we plan to leave 3 months before the 6 months break clause. (To clarify further - tenancy commenced 17th Jan and we'd terminate 17th April 3 months in)
  18. Any help on this would be very gratefully received! My husband and I took out a rental in January and now need to leave early as we have found a property to purchase. We'll only have been in the property 3 months on leaving and signed a 12 month contract with a 6 month break clause. I telephoned the lettings agent this morning to inform them of our plans and asked them if they could find out if the landlord was amenable to us leaving early if we paid any admin fees for sourcing and referencing a new tenant and also that obviously we'd continue to pay rent up until the new tenant moved in. The agent basically told me that the fee to break early would be 10% of the 12 months rent plus an admin fee for setting up a new contract fee - basically about £2,000! The agent said the the landlord would have paid this fee up front when asking them to find a new tenant and that this is standard practice. The terms and conditions for this are apparently in the contract between the landlord and the agency which the landlord would have signed when agreeing for the agency to manage his property and by leaving early we are forcing the landlord to be in breach of this contract hence the charges. We were never advised of these clauses however and they are not present in our tenancy agreement. 10% of the whole years rent seems a disproportionately large charge especially as there would be no dip in the rent as we'd continue to pay until a new tenant took over - is there anything we can do to say that this is unfair? Also - we have a 6 month break clause in our contract so if the agent is allowed to charge these fees, should they not be charging us only for 10% of 6 months worth of rent? The whole situation seems outrageous as the landlord is not getting any money back and the agency just seem to be making a fortune from the situation instead of charging a reasonable fee for the admin involved. Grateful for all advice / ideas / explanations.
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