mummybird V Barclays

[everybodiesmum]

Hi,

 

I having been looking at the forum for some time now,but didn't realise I should start my own thread. So here goes.................

 

I have two claims in the offing one for daughter and one for my daughter law, both basic account customers.

 

Despite all my research on this site,including practically all day for the last two days! I cannot get to grips with interest charges.

 

I must be thick as a brick. Am I correct in thinking that I cannot re-claim interest charged by the bank? Can I claim for overdraft fees and account fees?

I have a date set for Aug.14th at Cardiff, but I understand that I can resubmit my claim with a FormN244, but I'd like to make sure I've got everything right this time.I've got all the forms printed down ready.

Please, please help

 

:? :? Thanks from everybodiesmum

[Trucker]

You can not claim for overdraft fees or account fees if you agreed to these when account was opened. Basically you recieve a service for the fee you pay. As they are basic accounts i assume you are paying a fee to operate an overdraft. This was the case with my account before upgrading to additions.

 

You can claim back unauthorized overdraft fees ( called paid refferal fee by barclays) and the unpaid item fee. In addition you can claim back the portion of the interest charged relating to the fees (the advanced bank fee calculator in the template library will work it out for you). On top of the you claim the statutory 8% p.a through the court.

[everybodiesmum]

Thanks Trucker for your help, I now see that my daughter has an additions account, so does this change things?

 

Charges on her account are shown as follows:

1. Overdraft fee

2.Paid referrals

3.Account fee

4 Unpaids

She can't remember when she changed to additions probably 5 yrs ago.

Account fee was £5.00 in 2000, £6.00 in 2001/2, then £7.50 which changed to £9.50 in 2004 and £10.00 in 2006. This monthly charge is not re-claimable I should imagine, but I'm still wondering about the overdraft fee.

So confusing.Can you please,please help again?

[saintly_1]

unauth o/d

unpaids out

referral fees

are the ones that you can reclaim from barclays

[Trucker]

Barclays used to operate a fee for overdrafts prior to additions , so no it is not reclaimable

[slick132]

Hi EBMum

 

I saw your post on Sarah A's thread as follows:-

 

"Hi Juicyd

Olden suggested I come here and ask you f or advice.

I started my claim in January. It was transformed from Northampton to Carmarthen to Cardiff.

On 8th.June I submitted an N244 to amend my particulars of claim.

Eventually after many phone calls to the courts (they said the Judge was on leave)I saw Judge Hendicott on the 9th. August. Following this....

 

I received an N24 General Form of Judgement or Order

1. Leave to Claimant to amend POC etc.

2. The Defendants shall file and serve an amended Defence within 14 days of re-service.

3. The hearing on 14th. Aug 2007 is vacated.

Dated 09 August 2007

 

Its now the 28th, Aug. Should I have recieved a Notice of Issue from the courts? Otherwise how can I count of the 14 days that Barclays has to file their defence.

Omigod its getting complicated.

Any advice would be much appreciated."

 

I wanted to ask if you sent in a revised POC as the Judge gave you leave to do this (which I understand is basically telling you your original POC's were inadequate as you'd filed on MCOL).

 

Also, if you file on your own thread, peeps can keep track of your case far more easily.

 

Slick

[everybodiesmum]

Thanks slickwilley,

I amended my POC because I had claimed for some charges that I shouldn't have done

[everybodiesmum]

Its me again - excited - just phoned Cardiif to see if Barclays have filed a defence and they haven't so according to my calcs. they are in default -

so I may been in with a chance. Only thing is I have to research what to do next. Its seems ages since I've read what to do.

[saintly_1]

ok you will need N225 download it from here Her Majesty's Courts Service - Home

[everybodiesmum]

Hi all,

Just to let you know that Barclays haven't filed a defence so took my N225 to Cardiff CC today. Fingers crossed. Does anyone know roughly how long it takes for Judgement to take place and how soon should Barclays pay up?

[tezl]

hi,mine was handed in tuesday this week,sent to me on wednesday,but darren or teecee advised to pick up copy today so did.dont know about paying yet,about to start trying,tez.

[everybodiesmum]

Hi Tez

Maybe I've missed a post of yours. Are you saying that you've done a "Request for Judgement" same as me because your bank hasn't filed a defence.

Should I be doing anything now. Did you go back to court to collect paperwork?

[slick132]

EBM,

 

Just stick to Saintly's advice.

 

Hopefully, Cardiff will have a bit of spare time now to d/w your Judgement Request.

 

See what the Judge says first, then you'll know what to do with Barclays.

 

Slick

[tezl]

hi, can only say what i did,filed for judgement on n225 form.

took in and filed on tuesday.

had advice on thread that judge has given his orders on directions and that the clerks at court house follow his orders and that they stamp the judgement paper.

rang up later tuesday about queery on form,it had already been done ready for posting wednesday.bit sceptical.

rang thursday,said it had been posted to me and bs.1st class but wrong it was second class because i rang again about another question and asked again.

friday,no letter but was working close to court,rang them,they said a copy would be waiting,it was.start to finish 4 days,but i did impress on them that court day was looming.

good luck.tez.

[everybodiesmum]

Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy, to telephone the Enforcement Office at Cardiff. C.C. and they would advice me of my options. Is this light at the end of the long long dark tunnel?

[everybodiesmum]

Sorry meant to say in my last post "if Barclays HAD NOT replied etc...

 

Sorry!!

[tonycee]

Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy,

 

Have you received N24 General Form Of Judgement or Order ?

OR

N30 Judgement for claimant.

 

Although i agree with the " nice girl " bit, they can be very suprisingly detatched from actual court proceedures in my experience.

As excited as i am for you, after coming this far, please dont give your hand away by rushing things.

[mummybird]

Hello

I am not hi-jacking everybodiesmum. I was everybodies mum, but have been unable to log on for about four days, despite requesting new password - total failure so in desperation I registered under a new name, so if anybody wants to look at my mummybird thread I shall be able to tell you news from Cardiff.

[mummybird]

Hi Smutley and all the Cardiff gang from Mummybird (formerly everybodiesmum)

Just a quick update - save you looking back to my old thread.

Filed an amendment to my POC 8th. June.

Saw judge on 10th Aug. who gave me leave to amend my POC

No defence from Barclays

Filed Request for judgement on 5th Sept.

and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

[smutley]

Hi mummybird, looks like you have got a result, CONGRATULATIONS!!! Im not sure of the next step (as not got that far yet )... but think you sit back now and wait and if funds do not appear you send in the balifs... but I will leave that advice to someone more qualified than me.... so MOD please advise here...

[smutley]

Can admin/site helper merge these threads for mummybird....????

[mummybird]

Although it looks like I've beaten Barclays for my daughter, I've just had my N24 General Form of Judgement, from Cardiff re my daughter-in-law v HSBC refusing my application to have the stay lifted. Where do we go from here?

[smutley]

Although I've not received my letter yet refusing my application to have stay lifted, I assume it will be with me soon. Although I did have my application to update my POC/SOC granted last week, the order then said case stayed, so assume I cant go the same successful route as you did. But what to do now, I am at a loss, is it worth appealing again? or sit and wait? Feel drained and depressed by the whole process. We need some advice now from someone more knowledgeable.. so please if you are reading this, please give us your advice!!!

[tonycee]

and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

Hi. You are nearly there.

Some would say phone Bs and ask for settlement, and i cant argue with that, but personally, i would do nothing for 21 days.

Bs normally pay out in the end, however Natwest are applying to have judgements set aside.

You need to understand that Bs can also apply to have a judgement set aside at any stage.

Even after you have sent the bailiffs in.

So the least amount of time that you give them, the less prepared they will be.

My advice is sit tight and let the system inform them, not you.

They WILL be in touch with you, and hopefully with a full offer.

Its not a good idea to show your hand at this stage.

I had 3 judgements entered in my favour. Done nothing except wait. Got paid on all of them.

Good luck.

[slick132]

Mummybird (nee EBM),

 

Firstly, CONGRATULATIONS and well done with your result. Great news.

 

Re your query at post #3, that case is stayed until the OFT debacle is over, however long that is.

 

Slick