Welshman v Barclays **WON**

[jacquilottin]

hello welshman, this is jacqui. been silent for some weeks now because i was on holiday. Congratulations! Where can i find out how you came about winning?. I came back to see the shocking letter from the court that my case has been set for March 12th against Barclays. To be honest i am very terrified at he moment when i think of it. i have got to get all the paper work ready for that. any help or advice will be highly appreciated. thanks. jacqui

[Welshman]

hello welshman, this is jacqui. been silent for some weeks now because i was on holiday. Congratulations! Where can i find out how you came about winning?Page 9 Post #173 onwards.. I came back to see the shocking letter from the court that my case has been set for March 12th against Barclays. They'll try and settle by the end of February in my opinion. To be honest i am very terrified at he moment when i think of it. i have got to get all the paper work ready for that. any help or advice will be highly appreciated. thanks. jacqui

 

Claimants should leave it until at least two weeks from the Court date before contacting them and even then, make sure you know how to handle them.

[jacquilottin]

thanks for the prompt reply, Welshman. what do you mean by me knowing how to handle them say 2 weeks before my hearing. Also my hearing does not say a 'directions hearing like read for others. just a hearing in march. jacqui

[Crafty]

Welshman - congrats again. I think you need a break from all these questions, otherwise you'll become a samaritan service.

 

Mind you, while we're at it, how do I..........

 

......nah, never mind.

[Fullyskinted]

Also my hearing does not say a 'directions hearing like read for others. just a hearing in march. jacqui

 

 

If youre in doubt, a call to the court should answer your question

[beacon]

Hi, I have been building up the courage to proceed against Barclays and take heart from your success. I sent off the first letter on the 16th Jan 2007 and my wife received a telephone call from them on the 18th asking why I had sent a cheque for £10 because Barclays did not have an account to pay it into and would I contact the lady in question by phone.

 

Its not my intention to do this , but just keep to timescales and writtten responses only. Do you agree? Beacon

[jacquilottin]

If youre in doubt, a call to the court should answer your question

thanks. will do that. another question pls. where do i go to get the template that will automatically calculate the interest owed me on my £2400+ claimed, as well as adding the court fees to that. sorry i misread my case date. its on 7th of march i think. so i gather i should call them about 2 weeks before this to request if they are ready to settle on the full amount with the above additions , right?

thanks. jacqui

[Katlu]

Welshman

 

When you ring Barclays 2 weeks prior to court date, to ask them to settle......what exactly do you say to them?

[Fullyskinted]

thanks. will do that. another question pls. where do i go to get the template that will automatically calculate the interest owed me on my £2400+ claimed, as well as adding the court fees to that. sorry i misread my case date. its on 7th of march i think. so i gather i should call them about 2 weeks before this to request if they are ready to settle on the full amount with the above additions , right?

thanks. jacqui

 

 

Have you got your own thread? You should have done all this already?

[Welshman]

Welshman

 

When you ring Barclays 2 weeks prior to court date, to ask them to settle......what exactly do you say to them?

 

 

Post 173 onwards in this thread answers your questions but I suggest that if you have to ask what to say, that you wait until they contact you.

 

You are still in charge of your case - they are on the defensive. You have to be firm when speaking to them.

[soupy1cat]

Hello Welshman!

 

Many congratulations on your win!!

 

I've just come across this thread and have spent an hour reading it - you have made it easier to understand as this claiming business is quite mind boggling.

 

I have received my Acknowledgment of Service and am now very nervous as to the next step. I'll collate all of my papers and wait to hear from the Court.

 

Cheers!

[bluenose81huskys]

Hello Welshman or whoever can help!

 

I want to file a court claim MCOL But cant find a link that actually sends it online direct to the court, How do i do this please??

 

My case is:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/49807-bluenose81huskys-barclays.html

Thanks

 

Richie

[Welshman]

Here you go - https://www.moneyclaim.gov.uk/csmco2/index.jsp . You must register first then go to the Step by Step Instructions section in this site for information as to how to fill it in.

 

Fill in the forms which are quite straightforward and in the particulars of claim, the text I used was:

"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age 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 Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

 

Tick No for Human Rights Issues.

The Addresses you need to send the copies of the schedule are:

For Barclays:

Barclays Legal and Compliance

Level 29

1 Churchill Place

London

E14 5HP

And for MCOL it’s

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

 

Good Luck

[bluenose81huskys]

Cheers Welshman, magic stuff!!

[bluenose81huskys]

Hi Back again i need to know is the amount claimed on the mcol the charges plus the 8 percent or just the charges??

 

Thanks again

[dickeggsy]

charges plus the interest 8%.

[Molly Brown]

Hi Guys,

 

I just wanted to double check what i'm doing with you, i am currently claiming from Barclays Bank. I have just completed my claim form on Moneyclaim, although I have not yet submitted it as I wanted to check first.

 

I sent my letter to Barclays saying I would accept their offer of £1000 as a partial offer, but will continue to claim for the outstanding amount, they responded saying that they are not willing to do this and will only pay me £1000.

 

So, on the claim formni the section where I am asked for 'particulars of claim' I entered the following (as on the Martin Lewis website);

 

1. Between the dates of [insert dates of first and last charge] the Defendant applied numerous default charges to the Claimant’s [This means you because you are the person claiming the money] bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

 

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of [insert amount of interest], continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

 

5. The Claimant therefore asks the court to enter judgment in their favour for the sum of [insert total charges] plus interest, amounting to a total of [insert total charges plus interest].

 

I have read so many threads about how to add 'extra info' in with lots of legal jargon, although I think this is an excellent thing to do I don't understand a lot of it and would rather just go with what I do understand and keep it simple.

 

My question is, is the above ok? Should I be doing anything else?

Once I submit my online claim, presumably I just wait the 14 days to hear from Barclays and go from there?

 

Thank you to any one who might be able to help me.

[victimnomore]

Two points , if I may:

 

Firstly I would STRONGLY advise that you use the wording from the templates library on this site (see here). It's tried and tested, it works.

 

Secondly (and very important) you should start your own thread. With your own thread, people can see your whole case as it develops and it will become a focus for all the help and advice you need. You can either copy your post accross to your new thread to start it off; or, once you have started it, you can contact a moderator to have your posts collected together.

[Molly Brown]

Thanks victomnomore that's excellent, best get reading up, still getting a bit confused!!

[gazzasmad]

hi got my court hearing date 2 day 16th feb , court date 19th april 07 and defence to be submitted by 13th march , gave number a ring answer machine says leave details (telephone number ) i did and awaiting reply ??????

[HowdyDoody]

Hello,

 

Don't mean to hijack your thread here people.... But a very quick question.....

 

I have sent off my prelim letter, got back the usual offer of just under half. In my first (prelim) letter i gave them an additional 14 days.

I should have sent of my LBA last friday. I have been too poorly to do anything this week. Should i send off the letter and give them an additional 14 days from now - or stick to the original 28 days deadline???

 

Once again - sorry to intrude...

 

HD

[zita84]

I asked barclays end of january for £1000 back in bank charges and i recieved a letter 2day saying they will give me £510 back.pah no way am i accepting that so i have now asked for my statements and included the £10 cheque and i will b calculating what i am owed and will be asking for more.As they see fir to charge me over £90 in bank charges a month!!!

[Spotted Dog]

Hi welshman - not been on the site much recently. You always seem to have your ear to the ground. I am going to start a new claim against the bloodsucking Barclays over the additions account charges. Along the lines of requiring strict proof that we signed up for it (not) and seeing if we can these caharges refunded or at least an offer. Know of any threads or users who have done this.

 

Cheers

 

Spotty

[nikkiblackburn]

Hi, I am new to all this re-claiming bank charges and things seemed to have moved rather fast. I have already found myself about to complete an allocation questionnaire and am attempting to prepare to construct a court bundle. How on earth anyone manages to get 250 pages I don't know. I'm also concerned that the relevant cases section appears to be quite dated, am I supposed to change these/update them? Basically is there anyone that would be willing to show me their court bundle so I could learn from it?

Nikki

[Johnsworld]

I just wondered if anyone can tell me where to find Jonny2bad's Court Bundle details. I haven't got a clue about numbering or indexing the stuff.

 

Thanks,

John.