sandbag *** WON ***

[austenpowers]

You can try sandbag. The MCOL website will not allow you to apply for judgment until the allotted time is up. Though you should be aware, even if MCOL accepts your request for judgement, this in no way means it has been granted. It will go before the judge the following day and quite often Barclays would have filed a defence in the meantime so your request will be rejected.

 

Best of luck

[sandbag]

Thanks for your reply Austen - i think therefore i will send a letter to them as suggested by Hagenuk

Cheers Sandbag.

[moochi]

Hi Sandbag.

 

Am new to this it is unbelievable what they try to get away with posting me letter ASAP

 

Good luck

[sandbag]

Cheers Moochi!

Just checked MCOL - as expected Barclays have defended - will i now get the defence through the post?

Anybody got any idea how long it will take for the AQ to arrive?

Cheers Sandra.

[Welshman]

I received my AQ and a copy of Barclays defence the day after they defended.

[sandbag]

Thanks Welshman.

Sandra.

[sandbag]

Hello all - I have recieved the defence from Barclays - it seems to be standard defence that everyone appears to be receiving.Basically it states the following-

 

1- That the particulars of Claim do not provide detailsor particulars of the precise charges alleged to have been unlawful.

They go on to talk about unauthorised borrowings etc and that the defendant puts the Claimant to strict proof of each charge and the date thereof.

 

I take it ' strict proof of charge' is my spreadsheet which i have sent to them 3 times?

 

2- usual guff about standard terms and conditions.

 

3- More guff about standard terms and conditions and that they are entiltled to impose these charges as they are under no obligation to advance money when i went over my OD limit Etc.

 

4- They deny that the charges are unlawful.

 

5-more denial that the charges have been unlawfully debited from claimants account.

 

6- That it is my fault that incurred these charges as i went into unauthorised OD.

 

7- It is ' averred' ( whatever that means!) that the charges are lawful.

 

8- Here they state that charges applied prior to 2nd of oct basically do not count as they ' are not recoverable for reasons of exhaustion in time from the date of accrual persuant to the Limitaion Act' Are they here simply stating that any charges i have claimed prior to that date i cannot claim back? I have worked it out at £180. Is this the case?

 

9-Here they claim that they have suffered loss and damage due to my breach of contract and that will seek to recover to the extent necessary such loss and damage as it actually suffered.

 

I hope i have interpreted the defence appropriately if not i would welcome comments and suggestions, also i would appreciate any comments on my questons from point number 8.

 

Just one final comment - is it me or is Barclays defence pretty weak?

 

Regards Sandra.

 

Oh yes the defence is signed by the one and only Keith Jeremiah. I also have to return my AQ prior to 25th of November to Wakefield CC.

[sandbag]

Welshman - where are you when i need you!! LOL!

[vincethod]

Well, I'm 1/4 welsh, so here goes:

 

I take "Strict proof of charge" to refer to a photocopy of the actual statements rather than the spreadsheet you have typed up (remember, they'r trying to intimidate at each stage so don't worry - you will supply copies of your statements/the printouts you got from your SAR in your court bundle.) I guess they're kind of implying that anyone could have made up these charges, typed them into Excel and claimed them back from Barclays.

 

"Averred" means "I went to law school and don't need to say 'claimed', 'maintained' or 'said' especially if it means I can scare the plebs"

 

As to the "prior to 3-Oct 2000 under the limitations act" part - I've been thinking about this a bit lately. Surely, if the charges older than 6 years are ineligble for claim, then by exclusion, charges since that time are eligible. (The exception proves the rule).

 

At the end of the day, what they're saying here is "you won't get anything from us and even if you do you won't get anything before 2000", but this relies on them getting a Judge to decide, and so far they haven't. I'd read around a bit to see what other people's experience of the 6-year rule is, especially in terms of when it is measured from.

 

Vince

[vincethod]

Well, I'm 1/4 welsh, so here goes:

 

I take "Strict proof of charge" to refer to a photocopy of the actual statements rather than the spreadsheet you have typed up (remember, they'r trying to intimidate at each stage so don't worry - you will supply copies of your statements/the printouts you got from your SAR in your court bundle.) I guess they're kind of implying that anyone could have made up these charges, typed them into Excel and claimed them back from Barclays.

 

"Averred" means "I went to law school and don't need to say 'claimed', 'maintained' or 'said' especially if it means I can scare the plebs"

 

As to the "prior to 3-Oct 2000 under the limitations act" part - I've been thinking about this a bit lately. Surely, if the charges older than 6 years are ineligble for claim, then by exclusion, charges since that time are eligible. (The exception proves the rule).

 

At the end of the day, what they're saying here is "you won't get anything from us and even if you do you won't get anything before 2000", but this relies on them getting a Judge to decide, and so far they haven't. I'd read around a bit to see what other people's experience of the 6-year rule is, especially in terms of when it is measured from.

 

Vince

[sandbag]

Thanks very much Vince - you have been very helpful.

Regards Sandbag.

[sandbag]

Right - completed AQ thankgod - very nervous about making a mistake.

I'm going to add my schedule of charges as welshman has done and sent by recorded delivery Monday. One quick and probably very stupid question-do i make the court fee check payable to the actual court,i:e Wakefield County court?

Cheers Sandra.

[Welshman]

Yes - Good Luck.

[sandbag]

Thanks Welshman. AQ gone to court with attached spreadsheet of charges. Now sorting out court bundle - photocopying all those statements twice was a proper pain! Glad its done now though.

Sandbag.

[sandbag]

Hello everyone - quick question. Barclays have charged me another £60 since i began my action against them, not a lot i know but can i add these charges to my total amount? Would i be prudent to take the letters themselves to court or should i just add them to my spreadsheet?

How likely are they to demand that i pay off my od if i go above my limit again ( i really do try not to!). My other half has just lost his job so times are currently hard.

Regards Sandra.

[TANZARELLI]

Hi Sandbag,

 

I would say that you may need to start a fresh claim for that but when it comes to negotiating with Barclays you could suggest they refund these as well but they may be silly and refuse this. Then you would need to start a fresh claim.

 

In regardsto the OD I'm not sure as not in that position. Ask about others may have been in similar position.

 

Tanzarelli

[sandbag]

Thanks very much Tanzarelli.

Regards Sandra.

[vincethod]

I remember reading from Bookworm's thread that they refused to refund the charges she had incurred since MCOL, bt you can always argue the point (no harm in trying, otherwise you go through the same process again.

 

With any luck, the refund from Barclays should be enough to clear your OD or at least get you within your authorised limit, after that, strict budgeting is the key - I heartily recommend looking at thiese two sites:

 

TMF: Living Below Your Means

(don't know if that link will work, so here's how you find it:

 

Go to Best credit cards, cheap mortgages, personal loans, savings accounts, house & car insurance - The Motley Fool UK and click the Discussion board link in the top-right corner - then look for the Managing your finances section (they have a dealing with redundancy board there as well)

 

And

 

Living Below Your Means

 

But in my experience, Barclays have not been calling in ODs

 

Vince

[Welshman]

Hello everyone - quick question. Barclays have charged me another £60 since i began my action against them, not a lot i know but can i add these charges to my total amount? Would i be prudent to take the letters themselves to court or should i just add them to my spreadsheet?

How likely are they to demand that i pay off my od if i go above my limit again ( i really do try not to!). My other half has just lost his job so times are currently hard.

Regards Sandra.

 

Hi Sandra.

You can amend your claim now with the court but in order to do so, it will cost you £35. You need to balance this out with the amount you wish to increase by. Only you can make that decision.

 

They are not in the habit of pulling accounts (as the banking code stipulates) when the accounts are in dispute, which yours clearly is.

[barracad]

Also, even if you pay the £35 to apply to amend your claim, it does not mean your application will be allowed - there may need to be a hearing to decide if the amendment will be permitted.

 

The easiest thing to do in my opinion is wait until this claim is concluded and then start again to reclaim the additional £60.

 

 

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[sandbag]

Thankyou all for your replys - i think i will see this claim out and then start another.

Again thanks.

Sandra.

[sandbag]

Hi all - quick question. I send my AQ to the local court ages ago , it was due in before the 25th of November. Should i have received Barclays AQ by now or am i being too impatient as its only the 27th today. Are Barclays allowed to go over the allotted time?

Regards Sandra.

[Welshman]

You can bet your bottom dollar that Barclays will have submitted their AQ on or around the 25th. In my case, the Judge looked through the papers around a week to 10 days after the submission deadline.

[sandbag]

Once again thanks Welshman.

Regards Sandra.

[sandbag]

Hello everyone - quick update. I have my court date February 20th in front of Deputy District Judge Rooze at Wakefield County Court. They have asked that i deliver copies of all documents to the defendant and to the court. I feel quite giddy now!

Anybody care to hazard a guess when Barclays will settle?

Regards Sandra.