Parky V Barclays **SETTLED**

[eparkus]

Hi, all printed off and ready to start the process, but have a question.

 

The letter says 'I calculate that you have taken £xxxx plus £xxxwhich you have charged me in overdraft interest for the sum which you have taken. Total £xxxx'

 

but the notes tell me not to ask for the overdraft interest yet.

 

What do I do? do I calculate the interest owed, put it in the leter but not on the schedule?

 

thanks for your help.

 

E

[Spotted Dog]

The interest you add on the preliminary letter is what you have been charged by Barclays as interest because you were beyond your overdraft limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

 

Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

 

Spotty

[Nightstar]

Hi Parky,

Are you talking about Prelim letter? if so you only add interest on if you file a claim (in other words, if they dont refund your charges then take them to court add interest on then 8%) dont add on when requesting refunds at prelim stage. Hope this helps:) Good Luck

[eparkus]

The interest you add on the preliminary letter is what you have been charged by Barclays as interest because you were beyond your overdraft limit. Most people dont bother with this. When you get to put in your court claim you then add on 8% interest to all the charges that Barclays have made.

 

Hope this helps - look at 'Rooster' posts as I think he has explained it more fully

 

Spotty

 

Thanks for that. Think it will be a nightmare to try to separate what I was charged cos i was over my overdraft limit, and what I was charged cos i was just overdrawn.

 

Think I will go ahead with just the 'Paid ref fees' and the 'charge for unpaid items'...which ammount to a lovely £1020!

 

Thanks for your help.

[eparkus]

UPDATE:

 

Letter before action going off today 7/9/06.......

 

Bring it on Barclays!!

[eparkus]

Update - receive offer of £520 in 'full and final' etc....

 

so, i now need to send thema letter accepting the money but reserving my right to pursue the outsdtanding. is that right?

[victimnomore]

Dead right!

(there's a template for it in the library)

[eparkus]

Thanks, found it and getting it sent out.

 

By teh way...how can i change the title to this thread?

[orfoster]

You need to send a private message to a MOD (green guys) they will change it for you. Can i just say to all that read the prelim and LBA letters that state plus interest in the letter it means OVERDRAFT INTEREST if they take you overdrawn from a charge and they also apply interest then you CAN claim that back but only if you go into an unauthorised overdraft. The 8% interest is only done at court stages.

 

Good Luck. You seem like you are doing fine.

[eparkus]

Proceedings issued through moneyclaim today...bring it on!!

 

Claim now reached £1355.91, inc interest and court fees....

[eparkus]

They have filed an acknowledgment of service, but I understand that they still have to admit or dispute the claim by tomorrow (21st) to stop me entering a request for judgment.

[bearo]

have changed it for you, am persuming you didnt want the help needed bit? Pm me if you want it changed to something else!

[eparkus]

Thanks Shaz

[eparkus]

Got the date wrong, cant file for judgement till the 30th....shame.....another week to wait!

[eparkus]

They filed a defence today....I make that a day over the deadline but thats life i guess...moneyclaim seem to have accepted it and it will be 'transferred to the appropriate court'.

 

Bugger.

 

Well, no one ever said it was going to be straightforward, so barclays, if you are reading this....BRING IT ON!!!

[eparkus]

Even though the claim was transferred to my local court (Uxbridge), and i filed my AQ in time and all that, I have today received a 'General Form of Order' and the claim has been transferred to the London Mercantile in the Royal Corts of Justice.

 

Is this normal? Can anyone help me understand what is going on? How can it be moved to suit them, when i am the 'injured' party?

[Welshman]

Don't worry about it. They will settle before the date.

[eparkus]

Thanks welshman. No date set yet, just really surprised that after being transferred to me local court, they can click their fingers and get it transferred to a different one.

 

I will await my court date in that case...thanks for putting my mind at rest!

[Trollsicles]

eparkus,

have you got a date yet for the Mercantile court?

I'm at the same stage now and my local court is Uxbridge.

I was expecting this to happen as I'd looked through other people's pathways from Uxbridge and it all led to the same place - Mercantile!

[Lula]

Hi Eparkus, the bank havn't had this transferred to Merc Court, it is something the courts are doing because they are fed up to the back teeth with the banks not settling straight away and wasting courts time. The is absolutely no way that the bank wants to go to Merc court as this court can set a precedent - so don't worry, your money is virtually guaranteed now ;-)

[,hills]

I'm using Uxbridge aswell and it was transferred to London Mercantile 4 weeks ago and I still havn't heard anything about a court date.

[Bookworm]

Eparkus, I am going to move your thread to the Mercantile forum, so your thead doesn't get missed.

[eparkus]

Hi all,

 

Forgot to post on this thread (though did on the settled cases thread so the money gets added up!) that they offered the full cash back before the court date, and I accepted. Sorry, know i should have stung it out but having a tough time at the mo so the miney was better in my account than messing around with them. Good luck to all.

[Bookworm]

Congratulations!

 

You did right, if they paid up in full before court, you HAD to accept the money, so don't beat yourself up.

 

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