Winston1979 Vs Barclays

[winston1979]

Hi all,

 

I've been a member of this site from quite sometime and have been

watching the peoples success in claiming back what is theirs so I

thought I'd have a go to.. (I did start a while ago though)

 

18th March 2006 - Request for DPA - 40 Days to comply

25th March - Bank statements arrive.

Go through statements with my highligher pen- bank owes me £825

5th April - LBA sent - 14 days to comply

 

11th April - Banks apology & acknolegement letter stating that they will get back to me no later than 11th May 2006

 

2nd May - Bank Sends Out Letter Offering Me A £375 as a gesture of goodwill

 

4th May - I decline there gesture of goodwill unless it is part of the contribution towards the full payment, if they didn't agree then it would be off to court.

 

16th May - Bank Replies Stating That £375 was there full and Final Settlement and that they're sorry that it wasn't the answer I was looking for.

 

Now, I'm not sure where exactly I go from here, I did go for the N1 form but wasn't sure if that was the next step.

 

Can anyone point me in the right direction?

[woolfie]

Your next step is court action to reclaim your charges + court fees+ interest.

 

You have given them plenty notice now its time to get tough!!

 

Good Luck

 

 

Woolfie

[winston1979]

Hi Woolfie,

 

Thanks for the advice

 

My next step I guess would be the N1 form, now the form seems pretty straight forward but it says Brief details of claim, is there anything specific that needs to be written in that box or would it be different interms of individuals claims?

[woolfie]

Not 100% sure about the English System but it is a wee bit different in Scotland.

[winston1979]

Not 100% sure about the English System but it is a wee bit different in Scotland.

 

 

Way up there are ya, thanks all the same.

 

Can anyone else point me in the right direction..?

[winston1979]

Way up there are ya, thanks all the same.

 

Can anyone else point me in the right direction..?

 

 

Is the next step the N1 form, can any help me on this one.???

Read above to see where I;m at?

[Michael Browne]

There is no specific wording. It's just a short description of what the case is about, ie holiday claim, unpaid debt, road accident. So any thing along the lines of 'repayment of bank charges' is fine

[winston1979]

Woah, have I jumped the gun hear, where does the money claim part come in OR is that the N1 form.

 

Thanks for the most recent advice Karnevil, Michael & Woolfie.

[Michael Browne]

Moneyclaim is for filing online. N1 is for filing by post or in person, you can download a copy of this from the library

[Rooster-UK]

If you've already submitted the N1 form, then forget about Moneyclaim.

 

They are just different ways of achieving the same thing.

 

Moneyclaim........ On-line.

N1 form............. Direct.

 

Good luck with your claim.

[winston1979]

Thanks guys, I'm just filling out my N1 form now, is there anything else I need to do.

[winston1979]

Hi guys, I've still not gone any further with this since this point, I have been so busy.

Does anyone know if they can they penalise me for taking to long to claim, I haven't had any further charges since.

[Bigmac versus]

Only thing may be that through the limitation act you may have lost some earlier charges.

[winston1979]

Oh, what does that mean?

[MARTIN3030]

Not strictly true.You can claim from when you first became aware...this can be taken from the receipt of statements or your first contact with the bank asking for the money back.

Although they could have arguement if you leave it too long before launching Court action following comms with the bank.Barclays assume 8 weeks is reasonable.

If there has been a period longer than 8 weeks I would send a letter before action.If one was previously sent with NO action taken simply state that you are now proceeding from earlier comminication in which they did not act.

Give the 14 days again.Any updated charges schedules should be sent additional charges in the interim period from the last contact can be added.

Few banks actually challenge limitation if it is just out on 6 years.There is currently claims going beyond this and arguements are in place to contest the limitation based on Banks concealment

[winston1979]

Thanks for that Martin, if you look at the top of my post you can see how far I have got.

 

The thing is I started over a year ago and got confused about N1 form and Money Claim form, it's only now it's in the media that I have realised that I should have gone ahead with it.

 

Which is the better option to request court action, money claim or N1..

[MARTIN3030]

This is your choice personaly I prefere the open court route.

Here are some things to consider;

Moneyclaim is for money only so you cannot address other points on the claimform ie default removals.

You cannot get remission/exemption of fee using Moneyclaim.

Moneyclaim restricts your use of characters on the N1.

You can not claim more than 5k using Moneyclaim.

Filing in your local court gives greater control in the event of needing warrants after judgement etc ....you simply visit the court and hand the form in.

Local court can take longer issue time this can be up to 7 to 10 days.however as with Northampton you are free to call them anytime with a claim number and check on the progress or status.I have always found local Court staff well informed and happy to help.

Of course it can be argued that most claims are transferred to local courts anyway within 6 weeks or so and that is true.

So the choice is yours.As I say I have done 3 online claims (my first ones) but am now in the middle of 3 open Court ones which were filed on N1 with attatchments.I have to say I prefere this way.

As stated previously In your case I would re-send a letter before action and ammend/resend the charges schedule again.