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Shewolf V Barclays


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The claimant had a contract with the defendant (YOUR ACCOUNT NUMBER) from (YOUR START OF ACCOUNT YEAR) which was conducted on their standard terms and conditions. The claimant claims the return of £1510 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from (WHEN YOU STARTED YOUR SIX YEARS)to (18/08/06 TODAY) of £363.64 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.33

 

This is the text you need to put in MoneyClaim particulars of claim. This wording is used to enable it to fit in the MCOL on-line form as it has a limit on how many words(characters) you can use.

The last sentence referring to Interest Shows you are claiming £363.64 for the interest over the 6 years to today. You will be claiming a further 33p every day until you get the settlement.

 

Hope that helps

I will stay on line in the Forum so post if you still have questions

 

Spotty

  • Confused 1

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Sorry to be a pain. I only read your second post about the dates and didn't notice the first !!!! Got a bit confused !!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Thanks so much for taking the time to help me !!!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Your welcome -- Good Luck

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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JUST FILED ON MONEYCLAIM !!!!!! :):confused:;):)

Do I just sit tight and wait now ??

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Feel a bit stupid now !:roll:

 

Realised made a mistake on the form, only a little one though!!

 

Because I have 3 fees refunded I had to alter the total amount and so when I did the form, I put the wrong amount in.

 

Sorted now though. Phoned moneyclaim and they have stopped that claim and sending me a refund. Done another claim now and checked it, double checked and triple checked it!!!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Hope all goes well for you, let me know how you get on!!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Calim issued today. It says that the defendant (Barclays) has 14 days to reply. Do I just wait now?

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Recieved 'Notice of issue' today from Northampton court. Says that Barclays have until 9th September to reply.

 

Is there anything that I have to do now? I'm not sure what the next step is.

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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  • 3 weeks later...

Just a quick update on my 'progress'.

 

I have been waiting for a response from Barclays after I filed my claim. They had until today to reply and the acknowleged my claim a few days ago. They now have 28 days from the date that the claim was served (26 August) to submit a defence.

 

Does anyone know what I should do now? Do I wait, or should I contact Barclay directly?

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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You should wait. Do not contact Barclays - especially by phone !

 

Just before the 26th August see if you can file for 'Judgement by default' on Moneyclaim. Keep trying as there is a slim chance Barclays will cock up submitting their defence in time. Most likely the defence will arrive and Moneyclaim will tell you it has been passed on. You will then get a copy of the defence and an Allocation Questionnaire from your local Court.

There is good help on filling in the AQ in the library.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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I have been pursuing a claim against Barclays, and I have filed on MCOL and I'm waiting for Barclays defence now.

 

I have another account with Barclays that I have a few charges on. There isn't many charges on that account. Should I start another claim for these charges as well, or should I wait for the outcome of the first claim. I have noticed that other members have a few claims in process, but with separate companies, is two claims with one bank at the same time a good idea? Any advice would be great!!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Got a bit of a daft question that I need help with. Is the 'date of service' the same as the date 'deemed to be served'. According to MCOL, Barclays have 28 days to file a defence from the date of service. Do I count bank holidays and weekends.

 

Also, could anyone help me with post above 'Re: Two claims??'.

 

Thanks again for all your help!! :)

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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P.S Also, if I've worked out the deadline correctly, it falls on a Saturday. Will I have to wait until the following Monday to ask for a Judgement if they don't enter a defence? - Thanks

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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If anyone could help me with the above 2 questions, that would be great, I really don't want to miss the deadline for the defence. Thanks again

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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From what I can gather, the date "deemed to have been served" is the starting period of the first 14 days (by which time Barclays need to have acknowledged the claim). When they do so, this then buys them a further 14 days to submit a defence.

 

As for counting weekends, I would think so.

 

I think you can file for judgement on the Saturday but it would not be processed by MCOL until 9am on the Monday.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Could anyone advise me on whether or not to start a second claim with Barclays for a seperate account? There are only a few fees charged to this account. Is this a good idea?

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Thanks for your help Ali. Good luck with your claim, I've got my fingers crossed for you. Let me know how you get on !!!!!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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The last date for defence was 23rd September, which was a Saturday, so apparantley they get until the following Monday to submit a defence, and guess what?, they did it today. Really disappointed that they have done this. Pretty unlikely now that I will get my money back until after Christmas now.

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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Share on other sites

They have a habit of filing right at the last minute

 

Good luck

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Keep trying on MCOL for 'Judgement by Default' If you are lucky and it works you will get a result much quicker - Good Luck

 

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

Link to post
Share on other sites

Got the defence through from the court today. What do I do now? I will fill the form in and send it back but is it just a case of waiting? There was a leaflet attached about mediation, is this a good idea?

Also do I need to contact a Mod? I'm sure that I read somewhere that to let them know if you recieve a defence. Thanks everyone for all your help!

Barclays 1st Claim

Prelimery letter sent 19/7/06

LBA sent 2/8/06

Offer of less than 50% rejected

Filed MCOL 18/8/06

Defence filed 23/9/06

Court date 8th February

 

 

Barclays 2nd Claim

Prelimery letter sent 11/10/06

LBA Sent 25/10/06

CLAIM SETTLED 10/11/06 :-)

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hmm sorry I can't help, but I'm watching this thread for answers too. I filed in the local CC, just heard that Barclays filed a defence and AQ is on it's way to us, are you in the same position with waiting for AQ next (and wondering what to do when you do receive it)?

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