dduk022 vs Barclays

[Welshman]

Look out for them to defend by the 33rd day after you filed. You'll then both receive your AQ's (Allocation Questionnaires) together with a copies of their defence.

[dduk022]

Just noticed it says Barclays have 28 days from the date they were served with the claim to submit their defence. Is that 28 days from the date the claim was deemed to be served (11th Nov), or 28 days from the date they acknowledged?

 

Hope someone can help...

[dduk022]

Anyone, please?

[Welshman]

The law allows them 5 days to be served so it's 28 days from then. A grand total of 33 days from the day you filed.

[dduk022]

Thanks, fellow Welshman. The 11th November is five days after I filed the claim so it's 28 days from then, which makes Saturday 9th December their deadline. If they don't put in their defence by then, should I go ahead and start judgement by default, say on the Sunday?

[dduk022]

They filed their defence today

[dduk022]

Received my AQ and Barclay's defence today, but I'm worried about paragraph one of their defence, which is -

 

The Particulars of Claim do not provide details of particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent, it is alleged that the claimant incurred bank charges on his account for unauthorised borrowings, the defendant puts the claimant to strict proof of each charge and the date thereof.

 

I have however sent a schedule of charges twice - once with the initial letter asking for my money back, and once to both Barclays and the court after I filed my claim online. Is this just a standard defence, or are they denying they've seen either schedule, despite them both being sent by recorded delivery?

 

Do I need to send them another copy? Any help/advice would be greatly appreciated. Thanks.

 

Just editing to ask another question. Although my claim, including interest is less than £1500, my partner's isn't. Does this mean he'll need to pay the £100 with the AQ when he gets it? His actual claim is for £1195.61 but the 8% interest knocks it up to over £1,500.

[Spotted Dog]

The strict proof I think they are meaning is your copies of statements. Although you have sent numerous copies of the spreadsheets, you could have made it up.

You will be including copies of your statements in your court bundle, so don't worry.

 

2nd point: AFAIK the fee for the AQ is based on the amount of the claim excluding interest. Ring the court and ask them, most courts are very helpful.

 

Spotty

[gel1]

hi dduk022 i am at the same point as you barclays filed a defence on 4th dec and recieved aq on the 8th think i no how to fill in have until 23rd dec but don't no what to do after that don;t no what to do after that not sure what to include in court bundle do you have any idea

[Spotted Dog]

Go to the library or look in Jonni2bad or Welshman posts there is a zip file with what you need for your bundle

 

Spotty

[dduk022]

Thanks for the answers Spotty. I checked with the court yesterday and you're right, the 8% interest isn't included. AQ handed it to the courts today (deadline was 26th) so now I'll just wait for the next step, which I assume is a court date, right?

[dduk022]

Heard from my local court that my case has now been transferred to Cardiff. Looking at Welshman's thread I can see this is pretty standard for cases in South Wales. Hope it doesn't drag things on much longer, I was hoping for a court date soon so I could contact Barclays about a settlement, and book my holiday!

 

Anyone else in Wales been tranferred to Cardiff recently?

[dduk022]

Directions hearing scheduled for March 26th in Cardiff. I'll leave it a while before trying my luck with Barclays, but does anyone know what telephone number is best to speak to them on?

[Welshman]

Have a look at my thread, link below. Alex Martin, who I mention as being the guy who will answer has now been replaced by another.

 

The link's here http://www.consumeractiongroup.co.uk/forum/barclays-bank/21951-welshman-barclays-9.html Page 9 post 173.

 

Read it carefully, and don't phone them too early. You've got a while before your Court date.

[dduk022]

Barclays legal department phoned a little while ago, and it looks like I messed up!

 

They're willing to pay the costs, which total £935, but they say they won't pay the interest as I hadn't included it in my total for the claim. I did however state that I'd be claiming interest in the POC (and how much it was on the day the claim was made), but only put the actual costs in the total. I thought that was the right thing to do as the interest would be changing daily.

 

Where do I stand on this? I'd rather not lose the £350 interest!

 

Should I keep on until they pay the whole lot with interest, or do I not have a leg to stand on, and just accept the charges and costs alone?

[Guest Mumofthreeboys]

Barclays legal department phoned a little while ago, and it looks like I messed up!

 

They're willing to pay the costs, which total £935, but they say they won't pay the interest as I hadn't included it in my total for the claim.

 

Did you send the schedule of charges with your claim? When you did your POC's did you only include the charges or the charges and the interest and then 8% interest?

 

I ask this because Barclays tried this on with me, I had included and I got it - all of it.

[dduk022]

Yes, I included the schedule of charges. I've spoken to them again and pointed out that although I hadn't included the interest in the total cost of the claim, it was stated in my POC, and they've now agreed to pay the whole lot

 

They'd also sent a settlement offer to my partner minus the interest, so I pointed that out and they said they'd alter that too.

[Guest Mumofthreeboys]

Excellent, well done.

[dduk022]

Well, I'm not celebrating just yet. I'll wait until the money's clear in my account first

 

Just a quick question. Hope someone can advise me. Someone I know who's claiming back her bank charges, and has just sent the Prelim letter has since had a pile of charges applied to her account. Is she able to alter the figure at the next stage (presuming they don't settle right away, the next stage would be to start court proceedings), or would she have to start a new case for these latest charges?

 

I would have thought that as the court isn't involved yet, that she'd be able to alter the amount so early into the process. No?

[why!!!!!!]

yes carry on and add them to the schedule of charges.

you can add on charges up to the date that you file at court.

any charges that you would want to add on after filing would incur a court charges of £35 for ammendment.

hope this helps.

claire

 

Congrats by the way!!

[dduk022]

Settled in full The money's now cleared in my account.

 

Could someone please give me some advice on what to say in the letter to the court to tell them Barclays have settled? I've seen links to a template but can't find them now that I need it.

[dickeggsy]

well done DDUK , mine went in yesterday .

this is what i sent to the court , just ammend to suit

 

 

 

Dear Sir/Madam,

 

You -v- Barclays Bank Plc.

Claim Number: xxxxxx.

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £xxxxxx, by way of credit to my bank account on (date). As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

 

 

 

Yours faithfully

 

well done again:grin:

[dduk022]

Thank you dickeggsy. I'll get that off in the morning

[dickeggsy]

thats ok mate no problem.

where in wales are you , i am near Mold.

not near Barmouth are you.

[dduk022]

I'm in Carmarthen. It's not too far from Barmouth. Used to holiday there every year as a child. A week in a tent with a bucket to scoop out the rain as it came in!