Roboraver vs Barclays *** WON ***

[roboraver]

Hello Everyone, I am a newbie so please be gental with me !, some advice is needed. I have read through the F.A.Q and recieved my statements from the bank. I am not %100 certain if I have calculated the correct data from them (e.g. Unpaid out, paid refferals, card missuse, unauthorised o/d fee entires).

 

Using the basic spread sheet I entered all the information of charges for the last 6 years but I am unsure of what the total amounts means.

 

In the spreadsheet at the bottom you have the follwoing total amounts:

 

Amount = £4.175.00 (e.g. all of the data that I have entered)

8% Interest = £928.51 (Taken from above)

and under interest is £5.103.51 (Both of the above added together)

 

I am sorry for being a bit of a blond but is the £4.175.00 the amount that I am claiming back ?

 

I am just about to send of the Prelim letter and what to make sure that the amount is correct.

 

Kudos for this site !

[skinttrev]

The 8% Interest gets added at the moneyclaim stage, just go with the 4 grand, although you may want to split the claim in two as it exceeds the 5 grand limit of the small claims court, if it goes to fast track you could be faced with having to pay their legal costs.

[davisc02]

Hi,

 

All the fees you have listed are reclaimable, the only one i'm not 100% sure about is the paid referrals one.

 

OK, one thing about interest.....There are two types....

 

1) Interest on charges, this is interest on your charges and is NOT the same as the 8% interest, you can work this out using the ADVANCED spreadhsheet in the templates section. Some people claim for this some don't, I did as it came to nearly £400 and my claim amount was similar to yours. If you want to claim for this you need to include on the Prelim letter. If you only want to go for the charges then put down £4175 and delete the bit about interest.

 

2) 8% interest, this is interest that can be claimed once it gets to the Moneyclaim stage, do not include on the Prelim.

 

Sorry Skintrev, but forget the bit about going over 5K. This only applies if your original amount exceeds 5K and NOT with the 8% included and even if your claim was for say 8K your costs would be limited to £750.

 

So in answer to your question yes £4175 is the amount you need to put down on the Prelim unless you want to have a look at the advanced spreadsheer and work out the interest on charges.

 

Hope this helps

[squishy]

Claim for paid referrals too!!:grin:

[roboraver]

WOW, I would never of even thought about it unless I came across this site ! Well I have just opened a parachute account and will send of my Prelim letter tommorrow. The advanced spreadsheet is really confusing me so I think I'll just claim for the charges.

 

Thank you for the help, lets see how they respond

[squishy]

Just claim for the charges now- if you end up submitting it to court through Moneyclaim or form N1, then you can add the interest. Don't worry, it does get easier the more you become familiar with it!

[roboraver]

Thank you for your advice, Prelim sent yesterday for charges via special del, will post the outcome .

[roboraver]

Howdy all, I've been away working for a few weeks, but low and behold I got a offer of £1000 ! which I have accepted in part payment towards the full amount.

In 14 days time I will make a claim

[jkop]

come on mate... you still haven't done your MCOL - get your finger out! I've done two claims since then

[roboraver]

will now have to wait till pay day should taken up your offer !

[jkop]

my card is maxed now filing my barclays claim lol - still payday on friday! I'll be makng sure you file on friday!!

[roboraver]

Yeah, I cant wait for that, I have also sent of the letters about the loan agreement (e.g. requesting the signed copy !) "who dares wins" LoL

[roboraver]

Bloody typical ! Was just about to file on Mcol and low and behold they dont accept Visa Electron !! have to now take out money from one account and pay into another !! am off down to the bank, i'll only be a few hours

[jkop]

cool - barclays have until monday or I file judgement by default - they not acknowledged my claim yet!

[roboraver]

OK, I have filled out all the MCOL stage, I am about to file BUT my claim will total just over 5,000 !! I have read that claims that are more the 5,000 cannot be processed in a small claims court ! Is this ture ?

[why!!!!!!]

hi

if your total comes to over 5,000 and includes the 8% interest then it will be ok.

hope this helps.

[roboraver]

Thanks WHY!!! it does include both and then the court fee will need to be added on top.

[roboraver]

At Llllong last I have just filed with mcol, now the battle (and wait) begins !!

[roboraver]

They acknowledged today 18th so will see what happens now.

[roboraver]

Have filled out the allocation quetionaiire and will hand it into my local court !! Does anyone know how long it takes to get a court date ?

[jkop]

forever!

 

I reckon May time for you!

[roboraver]

In the roboraver vs barc case, I've just got a letter that mentions that my case has been transferred from the Bromley country court to the Mercantile court in London, no hearing date has been given yet ! I can assume that I have not been given the small claims track then............

[roboraver]

I've just got a letter that mentions that my case has been transferred from the Bromley country court to the Mercantile court in London, no hearing date has been given yet ! I can assume that I have not been given the small claims track then............

[Calculator]

Roboraver,

 

See the two threads 'Vs Barclays in the Mercantile Court' and 'Mercantile Hearing 20 Feb'.

 

Although your case has ben put to the Mercantile Court, I don't think anything can be ruled out at this stage. If it ever reaches the Hearing, in theory I suppose the Judge could still direct that it be heard on the Small Claims track. If you look at the thread 'Directions Hearing Leeds (7 Feb)', 95% 0f the 99 cases due to be covered at the hearing on 7 Feb were settled out of court in the days before the hearing and the few remaining cases were settled at the hearing. Look at the last few pages of that thread.

[jkop]

not necessarily - a lot of cases have been transfered there under the small claims track.