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Welshman v Barclays **WON**


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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Welshman & Martin3030....

 

Well I called Moneyclame the day after Issue day which was 11th sept just to double check that I had to wait 14 days for the bank to either file a defence OR totally ignore my claim & I win by default etc...

 

Wrong...They said that it takes upto 4 days for notice to be served on Barclays THEN the 14 days start...Great I though...So now I have to wait until 2nd Oct...

 

On the posts regarding sending a schedule of charges to Nothampton court...I Havent done that either...but would it cause a problem if I dont send it to them???? as Barclays already have ALL my charges etc so the amount im claiming will match the amount Barclays have as they've ALREADY got my schedule????

 

If im totally wrong then I'll just put a copy in the post today...

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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I'm playing it safe, no stone unturned and all that. I didn't know about following it up with a hard copy of the schedule being sent off. I will be in the Post Office at 3.30pm to send it.

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

 

Welshman

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Yes although it can take up to 4 days from issue,the norm is on average 2 days.

It is not absolutely essential to send the charges schedule,but this does form part of the claim partics,and although it would not fit in the MC,in the normal case of a summons,then these details would of course accompany the claim form.

 

It is your choice as to whether you send them or not but its worthwhile.

A claim was recently struck out because the defendant claimed that they had not recieved a schedule of charges.

The court did not have one either.

If you send one to the court and mark "copy also sent to defendants"

and similarly send one to the bank defence team marked "copy also sent to Court "

There is then no risk of that happening.

We know that we send them this in both prelim and Lba but they still demand another copy at the court stage.

Its your choice,as I said before for the cost of 1.00 for a registered letter its a good idea to do it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yep....Mines going off today as well I think....

 

A sound word from someone whos been there, Done it & wears the T-shirt with pride should alway be respected & learned from thanks Martin

 

I just want to clear if few points first before it goes off...Here Goes...

 

I know im sending a copy to the Court...Would I send another copy to the person who sent me the crappy under 50% offer as I sent her my letter saying thanks I'll take that & I'll see you in court for the rest...

 

OR would I send a copy to ADRIAN RUFFHEAD (poor chap & I though my surname was bad...SHINYHEAD ok joking I am LOL) If so...

 

a) Do I send a copy of my claim printed off from the Moneyclaim website & attach the schedule to that???

 

b) How do I know he'll have my details???

 

b) What address do I post it to???

 

Sorry to ask a few questions but I just want to get thing right before its highnoon at the O.K. Corall....

 

Thanks for your advice Martin...

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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If its Barclays then send here; Litigation and Disputes team

level 29

1 churchill place

London

E14 5HP

 

 

Make a note of your account details as well as any Barclays reference numbers from your last contact from them.

 

No need to give them the claims number let the courts do that.

 

In the case of court copy send it to the Northampton claims centre (address is on the claim form ) and address it to the court manager.

Just write the claim number and your name on this.

 

 

I am learning daily on here and the banks (and their briefs) are changing tacs quite frequently.

I decided this was one they were not going to catch me on.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Fantastic thread... good luck with it all. I have only just started with my case so I'll refer to this thread with interest throughout!

Sent Data Protection Act letter 18th Sept.

Reply received 26th Sept. Statements will be posted later.

Statements received 29th Sept. Charges calculated to £655 (and growing!)

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Yes ......providing you stick to the proven procedures you wont have to rely on luck.....;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin your a gent...Thanks for your help on putting us on the right track...All the way to the.....Bank.

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Copy statements that went with LBA to both bank and court? Will do likewise. Huge thanks welshman and Martin 3030 and all others who lead the way & post directions for those following in your wake!

:) blinking_idiot

Data Protection Act request sent 19/06/2006.

In default of Data Protection Act letter sent 07/08/2006.

Statements received 09/08/2006.(!)

Request for repayment of charges sent 09/08/2006.

"internal complaints process" letter received 16/08/2006.

offer to settle for £815 received 30/08/2006.

Letter before Action sent 30/08/2006

MCOL claim no 6QZ64421 deemed served 23/09/2006

Acknowledgement of Service filed 20/09/2006

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You should not send statements......you should send a charge schedule/spreadsheet that clearly shows charges by oldest date first/amount/type of charge.

 

This is clear consise and the way to do it.

 

 

You will need statements later if you do have to go to court tho.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Barclays just acknowledged today - had til tomorrow.

 

My Court bundle's just about ready, not numbering them yet, in case I find some more relevant information to add.

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

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

 

Welshman

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This thread is unbelievably helpful.

 

You're a couple of stages ahead of me.

 

Cheers

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Yes this is a great thread,

 

I have just submitted my Money Claim online as well.

Here is a link to my thread if you want to check my progress too.

 

I am keeping an eye on a number of threads to see how things are shaping up

Claiming £865 from Barclays.

 

6 years of statements already on file (never threw them out)

Preliminary letter sent 10/08/06

£420 Offer received from Laurence White on 30/08/06

Letter of rejection sent 06/09/06

LBA sent 21/09/06

MCOL Submitted 4/10/06

Acknowledged on 23/10/06 - Barclays have filed a defence 7/11/06

Case transferred to Cardiff Court and a directions hearing set for 21 December 2006

Barclays caved in on 18th December and made an offer to settle in full

Money in my account 2 days later.

Case closed

I won

Follow my thread here

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Barclays today filed a defence with one day to spare, so waiting for the AQ to arrive. My bundles' just about ready, just needs the up-to-date schedule added when the time comes that the court want it.

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

Defence laid on 10/10/2006

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

 

Welshman

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Welshman, tell us all- what's the latest Barclays defence say?

 

i'm expecting mine any day now.

 

thanks, deano.

 

As far as I know they havnt changed it.

Usual stuff about them not agreeing and if you are awarded the claim they will seek to recover any of their losses etc

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Welshman, Just been reading your thread and thought I'd let you know I'm at exactly the same stage as you. Barclays have just filed their defense this morning so it'll be interesting to see we both get the same letter in the next few days. They owe me £1900 and had the nerve to offer me £600, not even a third of what the owe me!! Just makes me more determined to get every last penny back!

 

Keep up the good work! I'll be following you! :)

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