Hindley V Barclays What next **WON**

[chindley]

Hi, all. I started my action against Barclays approx 4 weeks ago to reclaim £1155 in illegal charges. I had the standard letter from Rose Frimet, Senior Case Manager offering me £465 which I have refused. I was just wondering what can I expect in the next response from Barclays?

[blueskies]

You do not say anything about the background to your claim. Did you start with the DPA SAR letter? It is important to get the stages right. You are not likely to get another offer as Barclays only usually make the first offer of up to 50% then leave it until you file with the courts.

 

If you have already done the DPA and prelim letter I would send the LBA now and give them 14 days to consider their position, then continue to the court claim stage. Don't be scacred of filing with the court as, so far, no bank has appeared in court over the charges issue and if they do start doing so then you have a great team here behind you for support.

[chindley]

THanks for your reply. To give you some background I started by requesting 6 years Bank Statements, I then sent them the 1st letter from here listing the dates and amounts charged, and after receiving the offer I sent them the 2nd letter which I adapted to suit my claim. Do you think I should still do the SAR letter as well? or just wait to see what happens.

[blueskies]

Personally I would seeing as in the long run it won't cost you anything (you add the £10 fee to the claim) and it may give you more ammunition if they either fail to send it (means they can't use it in court) or any comments made refer to penalty charges.

 

Sorry about the patronising post but a lot of people are getting things in the wrong order and I was just checking that you hadn't.

 

Good luck

[chindley]

Received a letter this morning saying "we're sorry you are not going to accept our offer" yada yada yada!!.it looks like I will be filing my claim with the county court on Monday.. here we go!!!

[chindley]

Oh you're in Warrington to .We could be court buddies

[chindley]

Just wondering has anyone actually tried for an additional award for distress and inconvenience? and won,,,

[blueskies]

I replied to Chindley via PM but will also post it here for any others

 

I don't think anyone has tried to be honest. It would be very hard to prove and even harder to quantify. You would have to show how much it altered your life and what it cost you. I personally wouldn't risk a claim by trying as the whole claim could be struck out.

[chindley]

Court action initiated for £1397.36

look out Barclays here I come

[chindley]

Just aquick question. I have filed my claim with MCOL. At what point do I have to send the court and the bank the details of my case e.g. Full list of money taken with dates ( although the Bank has already had these).

[Michael Browne]

No need until allocation questionnaire stage.

[chindley]

[chindley]

My claim has been acknowledged on 28/7/2006 I was kind of hoping they had mislaid it, oh hum, never mind. Do they have 28 days from the date it was deemed served to file the defence?

[Guest Mumofthreeboys]

Yes

[chindley]

Received my Acknowledgment through yesterday K.J is defending in full.... HOW RUDE!!!

[chindley]

Just checked my MCOL and Barclays have sent in their Defence:o

[chindley]

MY Defence has come together with my AQ form, I'm not sure if its the standard Defence or not, I cant see anywhere that says"The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the claimant?s failure to correctly identify and particularise an account held with the Defendant,"

Mine says

"It is admitted the Claimant has an account number******* sortcode** ** ** To the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowing (whether "paid referral" or any other such fees) it is admitted that such charges were debited from the Claimants account: however , the Defendant puts the claimant to strict proof of each charge and the date thereof.

Is this the same but worded differently?

[chindley]

MY Defence has come together with my AQ form, I'm not sure if its the standard Defence or not, I cant see anywhere that says"The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the claimant?s failure to correctly identify and particularise an account held with the Defendant,"

Mine says

"It is admitted the Claimant has an account number******* sortcode** ** ** To the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowing (whether "paid referral" or any other such fees) it is admitted that such charges were debited from the Claimants account: however , the Defendant puts the claimant to strict proof of each charge and the date thereof.

Is this the same but worded differently?

[rbrears]

Pretty much, yes. When they say the are putting you to strict proof they are using unnecessary lawyer language. They mean that you will have to prove that each and every charge was taken, what it was for and the amount and date - all information that they already have anyway.

 

If you served your schedule of charges plus interest with the Claim Form you need do nothing. If you did not then you need to send them a copy of the schedule telling them that it sets out each and every charge and that you will be relying on it at any hearing. Also send a copy to the court for their file.

[chindley]

Finally received my Court date, 18th January, seems a long way off, I dare say it will soon come around.

[chindley]

Can aynyone tell me what I need to send to the courts. I have my court date 18th Jan, and I am getting everything sorted in plenty time. CHeers:p

[Bookworm]

3 threads merged, please stay on one thread per claim, it makes things easier to follow.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[chindley]

Can aynyone tell me what I need to send to the courts. I have my court date 18th Jan, and I am getting everything sorted in plenty time. CHeers:p

__________________

[Bookworm]

Did you not clink on the link I have already given you?

[chindley]

Oops sorry I didn't realise you had put one on. THanks