JackieJ v Barclays **WON**

[Welshman]

Hmmm...seem to have made a bit of an error somewhere! In my original letter I have claimed £2,800 plus £458.14 interest and in my LBA have claimed £2,800 plus £594.80 interest and I have no idea why!!

Am going to look through statements to see if they charged me anymore charges between prelim and LBA letters but if this is just a mistake on my part, is it going to cause me any major problems?

Can anyone help??

 

Jackie

 

The important matter is whether the amount on your actual claim is accurate or not. Figures in the Prelim letter and LBA although relevant are not as important than the one you submitted to the court on your claim.

 

If it is inaccurate, you may have to amend your claim. There is a form N244 available from the Court in order to do this. However, what I would do initially is ring your local Court (where your AQ is to be returned to) and ask their advice.

 

If you intend to add further charges to your claim, you should know that it will cost you £35 (non refundable) and is likely to delay your claim. If the Court staff advise you to amend the claim in relation to the incorrect interest being claimed, you may feel that it is worth it to do it all in one hit and add any further charges too.

[Rebel UK]

Welshman

 

Just because the court allows 8% it doesn't mean you cannot claim more, some here have used the fact that banks charge FROM 16.9% on loans etc, and have argued that the banks unlawful charges are similar to an unauthorised loan and have quoted their own interest on the charges and got it.

 

Rebel

[Welshman]

Welshman

 

Just because the court allows 8% it doesn't mean you cannot claim more, some here have used the fact that banks charge FROM 16.9% on loans etc, and have argued that the banks unlawful charges are similar to an unauthorised loan and have quoted their own interest on the charges and got it.

Rebel

 

I am very well aware of that Rebel. I was responding to a specific point by JackieJ as was contained in the "quote" in my last post.

[JackieJ]

Rebel & Welshman, thanks very much for your advice and comments.

 

I've checked on the MCOL form and I've used the figure on the spreadsheet I've sent to the bank so I'll print this spreadsheet off and take it to the court with my AQ and cheque for £100.

 

I quite agree with your comments about me not authorising them to take me over my overdraft limit but I was thinking that if I have written a cheque and signed it, would they count this as authorisation? The funny thing is that in the past, I have asked them to increase my overdraft and they have declined this but they see fit to do it if they can make money out of it?

 

Going to take it all to court tomorrow and hand it in personally so I know they've got it. Am working on my court bundle as well although have a sneaking suspicion could be well after Christmas when I get my date! Mind you, from reading other threads, it appears Barclays are offering a Christmas special of 85% of what you are claiming at the moment - they should be so lucky; am much more in need of £600 than they are!

 

Best of luck to you two as well and thanks again for your advice.

[paulo Saolo]

JackieJ

 

Good look to you and your claim. I will be paying extra special attention as I am considering starting the process with Barclays myself this weekend.

 

Out of interest have you found the whole process stressful/ worrying or pretty much straight forward?

 

p.s. Congratulations on the new addition to the J houshold

[JackieJ]

Hi Paulo,

 

Would definately recommend you do it! It isn't really stressful as there are loads of really helpful people on this site so you're never on your own!

 

The tips I would give you to make it as easy as possible are -

1. Read the FAQ's - I printed them off so I could keep referring to them.

2. Be nosy - read through loads of other threads; you'll often find other people have had exactly the same experiences as you.

3. Keep copies of letters, spreadsheets etc - you'll need all these for your court bundle.

4. If you ever feel a bit stressed, nervous, unsure etc - have a look at the bank charges survey results. They've paid out over 1 million pounds, there's no way they'd do this if they were in the right!

 

Good luck and I'll watch out for your thread! Thanks for your good wishes as well.

 

Jackie

[JackieJ]

Hello all,

 

Well, took my completed AQ, cheque for £100 and copy of schedule of charges to the court today and handed it over.

I asked if I got some kind of receipt but the girl just told me that she could give me a photocopy of the document as a receipt which I didn't think proved anything?

Anyway, I had until the 26th to hand it in and I'm sure they'll record it somewhere.

 

Am I right in thinking Barclays also get an AQ and they have the same deadlines to send their copy in?

 

I know from looking at some other threads that they don't always comply with deadlines and nothing seems to happen but there you go!

 

Anyway, just wanted to update you and am now going back to I'm a Celebrity - gripping TV!!

[Welshman]

Hello all,

 

Well, took my completed AQ, cheque for £100 and copy of schedule of charges to the court today and handed it over.

I asked if I got some kind of receipt but the girl just told me that she could give me a photocopy of the document as a receipt which I didn't think proved anything? I got a receipt when I handed mine in.

Anyway, I had until the 26th to hand it in and I'm sure they'll record it somewhere. Yes, they're pretty efficient.

 

Am I right in thinking Barclays also get an AQ and they have the same deadlines to send their copy in? Yes

 

I know from looking at some other threads that they don't always comply with deadlines and nothing seems to happen but there you go!

 

Anyway, just wanted to update you and am now going back to I'm a Celebrity - gripping TV!! You're sad!

 

Well Done!

[JackieJ]

Cheers Welshman

 

Will check on 26th to see if Barclays have handed theirs in and then wait for court date.

 

Anyway 'I'm a Celebrity' is great motivation - I just think that I am Warrior Queen Phina and Barclays are all the snakes, spiders, alligators etc!!

 

Ok might not work too well using that analogy if it does actually go to court so may just keep it to the privacy of my home!!

 

Thanks for all your help

 

Jackie:lol:

[JackieJ]

Haven't had chance to ring the court today but as the deadline for the AQ return was 26th, am assuming today would be classed as the last day for them to hand it in; and I suppose it would be any time today.

 

Just supposing they haven't returned their AQ on time - I don't suppose this means I win does it?

[JackieJ]

Knew it was wishful thinking!! Phoned the court today and a really nice lady sounded sympathetic when she told me they had submitted their AQ within deadlines.

She told me that they now look at the AQ to see if they think it should go via Small Claims Track or elsewhere and then it will go for listing.

She said I should phone back at the beginning of next week and they would be able to tell me if it has been allocated to Small Claims or otherwise.

She also told me that it was unlikely it would be listed for hearing this year and it would most likely be early next year which I expected anyway.

 

So, just a bit more waiting now until next week.

 

I read Tracy C's thread and she asked to see a copy of Barclays AQ but she was not provided with this. I hadn't thought about it but now am a bit curious!! I can't see why they would object to it going to Small Claims anyway as they haven't actually been to court at all yet - still there's always the first time.

 

Working on my bundle now - many thanks to Bookworm and Jonni2bad for making this a lot easier! Will update once I hear anything from court.

[JackieJ]

Spoke to court today - lady incredibly helpful again!

 

Claim has been allocated to small claims track as requested and she said they were listing court dates for February and March. She told me to write in and advise them of any unavailable dates so I laughingly told her I was due to have my baby on 6 March so might not be available then!

 

She rang me back a short while later asking me if a court date of 21st February was okay for me or if I wanted to wait until after the baby is born. I told her that was fine so have court date on 21st Feb at 10am.

 

Feeling okay about going to court but just wondering if there's anyone in Liverpool who either has the same date or has been through this and is willing to come with me?

 

Have master plan of going into labour if have to go to court and it doesn't seem to be going my way!!!

[JackieJ]

Got letter from court today confirming case has been allocated to small claims and listed for 21st February.

 

The letter also says that -

 

The following directions apply to this claim:

 

1.Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing. (Assume this is the court bundle and I can ignore the bit about experts)

 

2. The copies shall be delivered by 4pm on Friday, 15th December 2006

(Wow! This is a lot earlier than I expected, considering the date the case is listed for but I've pretty much got it ready and it might make Barclays move themselves??)

3. The original documents shall be brought to the hearing

 

4. Signed statements setting out the evidence of all witnesses(including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence. (This is the bit I need a bit of help with please, I'm pretty sure that this means I need to provide a statement setting out my evidence i.e my bundle but I'm not too sure how to word it - any suggestions?

The letter also says my case has been listed with a number of similar cases at 10 and 11.30 am and has been allowed 90 minutes. This has made me feel a bit better but I'd be really interested in finding out who else is going?

 

Can anyone help with the statement bit?

 

Thanks

 

Jackie

[JackieJ]

Just printed off load of stuff to go in my bundle and thought would list it here and see if anyone thinks I've missed anything dramatically important.

 

Was also wondering if it's in my interest to get my bundle in early or leave it to the last minute - anyone got any thoughts?

 

Heres whats in my bundle so far

• Letters to and from Bank
  
• Letters to and from Court including MCOL claim form and AQ
  
• Latest schedule of charges (not going in until last minute)
  
• Copies of bank statements with charges highlighted
  
• Relevant Case Law Summary
  
• Early Day Motion from House of Parliament
  
• HOC Treasury Report on Charging
  
• HOC Treasury Minutes of Evidence 26 Oct 2004
  
• HOC Select Committee on Treasury Second Special Report
  
• OFT Statement Summary - should I include full report as well?
  
• Dunlop v New Garage
  
• Lordsdale Finance v BoZ
  
• UTCCR 1999
  
• UCTA 1977
  
• SOGA 1982
  
• Competition Commission Appendices 4.6 and 4.10
  
• Kendall Freeman Report on Liquidated Damages
  
• Peter McNamara Interview Transcript
  
• Daily Mail 'Banking or Bullying' article

Any thoughts anyone??

 

Jackie:confused:

[bumface]

hi Jackie x

I am expecting my fourth baby in march and also have a court date with Barclays on the 26th feb 07, we also have a directions hearing on the 19th December.

My husband had a phonecall from Barclays legal team today offering us £2,700 but as our claim is for £4,400ish thankfully he said noas she also seemed a bit confused as to our specific case and only quoted one ac number but our claim is for 2 ac's combined, and she has said she will call him again tommorrow with a revised figure as they would like to sort this out before the 19th, so things are looking up.

My only concern is that they are praying on the the fact that alot of people will be short of money for xmas and will lose out, my husband also worries me as he keeps saying if she offers a figure closer to our claim but I really really think its important to get it right to the penny, how can I convince him (without resorting to violence)that every last penny counts of our claim counts ?????.

Sharon (Bumface)

[JackieJ]

Hi Sharon,

 

Hope all is going well with your pregnancy!

 

How do you convince a man that you are right and he isn't??? Thats a whole new forum isn't it!!

 

Anyway, the way I look at it is in two ways.

 

Firstly, the money is yours. Barclays are not doing you a favour by offering you a partial refund, they are keeping hold of your money. Say you wrote a cheque for £10 and Barclays made an error and debited your account with £100 instead. What would your other half say if Barclays then said ok, but we're only going to give you £50 back? You can bet your life he'd be on the phone until he got his full £90 back. Well this is the same thing really. If you settle for less, remember, you have settled so you can't go back and ask for the rest later.

 

The second thing is to think about what Barclays would do. When they charge you £30 for sending you a letter, what would they say if you told them you were only going to pay them £15?

 

Look at all the successful threads, some people have settled and some have held on for the full amount. If you hang on, you will get what you are owed and I'm sure you could do with it with baby no 4 on the way!!

 

Good luck!

 

Jackie

[paulwlton]

I have had full refunds from Barclays and Halifax, i turned down their partial offer.

Paul.

[JackieJ]

Have been reading Welshman's thread and feeling inspired!!!

 

My court date isn't until 21st February but the judge has asked for the bundles to be exchanged and with the court by Friday 15 December for some reason but mine is ready to go and so no problem for me.

 

I know Welshman phoned the legal team at Barclays and asked if they were willing to settle but I'm not as confident about knowing all my stuff as the wise Welshman and I don't want to give them the chance to think that I'll make a fool of myself in court. That aside, I really would love them to settle especially before Christmas but only for the full amount!

 

I was thinking of phoning the legal team tomorrow and asking them who has been allocated to deal with my case so I can send the bundle to them by Friday and make sure they receive it. I'm hoping this 'prompt' might tempt them to suggest settling?? Any thoughts anyone??

 

Jackie

[paulwlton]

My advice is send the court bundle off and wait for full settlement, only make contact by phone if you are totally confident.

 

In my own case i made contact by phone, this did not result in a quicker settlement in other cases it may have.

 

I think a week before the hearing is about averasge for settlement.

[Welshman]

When I phoned them, there were no awkward questions. The reason I made the initial move was that I was due to work away from home for two weeks and enquired if they were likely to send a letter to my address in that time.

 

First, ask if you can have the phone number of the person in their department who is dealing with your claim.

 

You will be asked for your name - not necessarily your claim number - but have everything to hand just in case. Also, have THE up to date figure including the daily interest for the day you are phoning them. That shows them that you know what your doing.

 

Just tell them that you are due to send your bundle by the 15th but that you would prefer to send the court a letter to say that you'd settled and ask if they are prepared to do so.

 

Be polite because if you aren't they are going to dig their heels in and make you wait until just before your court date. They were very nice to me on the phone. They personally have no axe to grind with you. However, with politeness should come firmness.

 

Don't settle for a figure that you are not entirely happy with. The difference of £8 in my case was more than acceptable because postage costs for just one of the bundles would have exceeded that.

 

Good Luck

[JackieJ]

Welshman and Paul,

 

Thanks so much for all your help and advice - I've got everything ready so I think I'll make the enquiry phone call and see what is forthcoming from them.

 

Feeling quite excited!! Will update tomorrow!

 

Jackie:D

[JackieJ]

Hi all,

 

Well, went ahead and made the call today. I spoke to a really nice lady and gave her details of the court date, reference number and told her that the bundles were to be exchanged by this Friday. She told me she didn't have details of who was dealing with my case but told me to send it in anyway.

 

I then got a bit brave and asked her if she had any idea whether Barclays were likely to want to settle before the court date and she told me she couldn't say but she would get someone to call me back.

 

A bit later on, (after some nail-biting on my part!), a fab lady called Rebecca called me back and she was quite surprised about the date the court had asked for the bundles by. She said they hadn't had that information from the court and asked me for some details.

 

Luckily, thanks to Welshman, I had all my stuff with me and offered to fax it through to her but she said that wouldn't be necessary. I then told her that I was due to have a baby a couple of weeks after the court date and asked her if she thought there was any likelihood of a settlement as there was obviously a possibility that the baby might come early and I really didn't want to prolong this case any further than necessary and certainly didn't want to inconvenience anyone.

 

She was really nice and said that they would certainly be interested in settling and told me that she didn't have the full details of my claim to hand but could I tell her how much my claim was for.

 

I had the figure right up to date including the interest and gave it to her and told her that on top of that, I would also claim for the £100 for the AQ and she seemed fine about it. As she didn't have my details to hand, she told me that she would need to check that their figures tallied with mine and if they did, there shouldn't be any problem. If they didn't, we'd need to talk it through. She told me that she would get back to me tomorrow and to hold off sending the bundle to them in the meantime to save me the cost of postage!!!

 

Anyway, she said that they wouldn't normally settle this early before a date but in view of the date the judge had asked for the bundles by Friday, she'd get back to me tomorrow.

 

So, not counting my chickens yet, but keeping fingers tightly crossed!!!!

 

Thanks to everyone for all your help and please keep everything crossed for me just that bit longer!!

 

Jackie:D

[Welshman]

Really keeping my fingers crossed for you. It's looking good for you. Looking forward to reading your thread tomorrow.

[JackieJ]

Welshman,

 

Couldn't have done it without you - thanks for everything!!

 

Jackie

[sandbag]

Hi Jackie - hope your well. This a really interesting thread because i am at exactly the same stage as you and i am thinking of 'making the call' myself. I have sent my court bundle to Barclays today and to the court i'm a bit worried now as i have'nt included as much as you in terms of case law oops. Lol. I think i might make the call on Thursday just to see if they have received my bundle.

Anyway i hope it turns out well for you.

Regards Sandbag.