Msa V Barclays Bank

[msawouldlikejustice]

Hello all

 

Sent off barclays S.A.R 28.07.06, received letter saying statements would follow on 06.08.06, havent received them yet.

[msawouldlikejustice]

Thanks claire good luck in court.

[msawouldlikejustice]

Dont worry im not a cyber stalker. lol. I read it off your first post when you started your own claims thread.

[msawouldlikejustice]

Statements came today so i have yet to look through them, it will take a while. So far my claim against barclays is going better than against halifax, barclays returned my postal order and sent my statements within th 40 days halifax has not done either.

[msawouldlikejustice]

Quick question to anyone who might know the answer. When i make my list of charges is there a certain way to do it? i cant find a template sheet for it so i have put my basic account details on the sheet then the date, charge type and charge ammount. Is that what everyone else has done?

[msawouldlikejustice]

P.S I know there are interest calculation spread sheets(which some bits are kind of complicated to work out "days sine offence") Are these the same as a schedule of charges?

[sandbag]

Hello - regarding your question about the spreadsheet i have completed it the same way as you so hopefully its right. Good luck with your claim.

Regards Sandbag.

[bobtheb]

try your hardest to use the spreadsheets:you only put in the information they should do the working out:) you will be surprised how much interest they owe you back as well

[msawouldlikejustice]

Thanks sandbag and bobtheb

[msawouldlikejustice]

Prelim letter typed out, charges calculated, I am going to do each action seperatley and one at a time. Sending my current account prelim letter for £600 first thing monday morning.

 

I have also just read on another thread that you only need proof of postage from the post office and not recorded delivery should it go to court.

It will save a few pennies and every bit counts.

[msawouldlikejustice]

Recevied standard letter of reply "sorry your unhappy etc" 12.09.06

[msawouldlikejustice]

Ive been a bit slack with this claim as my halifax one is futher on ahead than my barclays and i let the pre-lim date slip. but having realised how fast time does fly i have typed my lba letter out and will be sending it monday morning.

I did fill in the MCOL money claim online form in today against halifax, and if anyone is wondering what you type in claimants details, here you are:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened) conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 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. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Supplied by a very helpful moderator, you can copy and paste it and it will fit into the 1080 character spaces allowed.

[msawouldlikejustice]

CAN ANYONE HELP PLEASE?

ONCE YOU HAVE SENT OFF YOUR LBA AND THE BANK REPLIES WITH ITS STANDARD "WE ARENT GOING TO PAY YOU THE FULL AMOUNT" CAN YOU START YOUR MONEY CLAIM ONLINE STRAIGHT AWAY OR DO YO HAVE TO WAIT TILL THE 14 DAY DEADLINE HAS EXPIRED???

[Welshman]

Stick to your timetable. You gave them 14 days so, even though they have responded negatively, you should still let them have that time. The courts then accept that you have exhausted all avenues and they see 14 days for the prelim approach and a further 14 for the LBA as adequate - legally.

 

Hope that helps you.

[msawouldlikejustice]

Thanks welshman.

[msawouldlikejustice]

A settlement offer came today for one fith the amount i am claiming. Will be starting money claim the second the 14 day deadline is up.

[Bookworm]

Go, baby, go! ;-)

[bobtheb]

offered me 1/5th as well (£1000) rejected it yesterday:confused: hope I did the right thing

MCOL to follow 14/10:)

[Bookworm]

They're getting stingier, they used to offer 50%...

[bobtheb]

I wonder why, is it just to delay things further ? Are they likely to offer half next?

Are they getting nearer to going to court with someone and dont want to pay anyone at the moment?

[Bookworm]

Nah, they probably realise they're wasting their breath anyway, as we systematically say thaks, but no thanks... So they have a document to say that they "tried to make an offer" to put in their file...

 

What on earth makes you think they're getting closer to going to court? My god, they can't run fast enough to get away from court! Have you not read the Mercantile threads? The speed at which they settled, costs and all, when faced with a sudden conference hearing is laughable!

[bobtheb]

Ive been reading everything!! What about the ten still with Judge Mackie?

[Bookworm]

What about them?

 

There's a CMC on Oct 18th... Expect a flurry of settlements next week...

 

They don't get much closer than B's when it comes to deadlines. But they never want to get quite close enough to actually go inside...

 

Judge Mackie's hands are just as tied as ours when it comes to the bank's abuse of the court system sadly. As long as the banks settle, even 5 mns before a hearing, nothing will happen.

 

Apologies to MSA for thread hijack, sorry, hun!

[bobtheb]

Thanks for your time :)and your reassurance and sorry for hijacking someone elses thread:( keep up the good work !!

[msawouldlikejustice]

Time is running out, they have until saturday and then i start MCOL.