Advice Please

[richgilham7]

Hi,

 

I'm trying to claim back 445 from barclays and the additional £50 that I paid for the claim to start court proceedings, they first offered me £200 which I rejected because I wanted the full amount.

 

I have now recieved a letter from the courts saying that they have stated there defence and I now need to fill in an allocation questionnaire and return this to the courts. There defence states that I havent particularised all the charges and still say that they are within their rights.

 

I'm nervous about what to do next, should I try and contact barclays to settle it out of court or continue with the claim? Should i get a solicitor to help me in court?

Any advice would be very helpful.

 

Thanks

 

Rich

[Guest Mumofthreeboys]

Firstly don't panic!!!

 

You're doing everything right, just fill in your AQ (see library section for help) and send it back to the court with the fee

[Rebel UK]

Hi Rich

 

Firstly mum is correct, don't panic, it's standard, copied from pre formatted text, paste into form, legal speil, devised to intimidate you, ignore it. Fill out the form as instructed in the library section. If you want to add anything as asked in section H (i think) then give details of any difficulties you might have getting to court, any issues with child minding etc, also you could, as others have done, pick apart their points in their defence, but I'm not sure if there is enough room to do so.

 

I returned my questionnaire and included all correspondence between myself and the bank (copies of letters from myself and from the bank) and the list of charges. The Judge will see from your letters and theirs that their points in the defence are mute as the information they refer to including your account No. etc etc and references to your claim amount are made both ways through correspondence with the bank over the period of time from your initial request.

 

Ask yourself one question, 'Have Barclays been into court yet?' The answer is NO read into that what you will

 

Rebel

[richgilham7]

Ok thankyou very much for your help.

 

How do I go about claiming the 8% interest that I can claim? Is it just 8% of the total charges?

 

Thanks

 

Rich

[Guest Mumofthreeboys]

Have you not done the spreadsheet yet then??

[richgilham7]

Yes but i'm not sure when to add it on and if i've done it right?

[richgilham7]

Also should I get an experts report for my claim and do i need witnesses? sorry bout all the questions, i'm just new to all this.

 

Thanks

 

Rich

[Rebel UK]

Hi Rich,

 

There is a template for filling in the AQ in the library forum, however, to help you, No, you don't need to call experts or witnesses at this point. The 8% is already calculated in the spreadsheet, when totalling your claim you should have added this figure into the total of your claim including costs added as well. If you haven't done this, then IF and it is a huge if, you get into court, as long as you added the part relating to s69 of the county court act in the claim form when you filed it, you can ask the judge to include it in final settlement as per your right along with costs, if you didn't include it, and this event is the more likely outcome given ALL results so far, then include it AND costs to the full settlement you ask for when contacted by the bank prior to a hearing after returning your AQ.

 

Rebel

[richgilham7]

Ok thanks again for your help

 

Rich