hells bellz vs barclays **WON**

[hellsbellz]

Hello People.

 

I have been playing the waiting game (which as Homer Simpson says is nowhere near as fun as Hungry Hungry Hippoes!) and it's almost time for my LBA. I think I have it pretty much sorted with the template from the library which I have made a few ammendments to but the last paragraph has confused me a little:

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Do I include the plus interest even though I am just gonna do the 8% part at the court stage? And what does that bit about the DPA act mean? Any help would be greatly appreciated.

[Welshman]

My last paragraph was:

 

"I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice".

 

What you are telling them is that they are at the last chance saloon. They either pay you what you've asked for in the last 14 days but that you're giving them another 14 and no more. If they don't give you your money back then not only are not just going to ask for that alone, but also 8% on top plus what it costs you to take them to court. Furthermore, is there a default judgement against you? If not, just replace the paragraph with mine which is in red.

[hellsbellz]

thanks ever so much - i'm pretty sure they have put default notice on my credit score as i find it practically impossible to get any now but how would i know for sure?

[Welshman]

Can't answer that but I think that you will have had a lengthy communication from the bank threatening to do just that. So, probably not. Before you take my word for it, however, wait for a response from someone who knows for sure.

[hellsbellz]

thanks everyone for your help so far and thanks for the info you sent me essjaysea...i have sent my LBA and go back to waiting again...sigh!!! i

have been spreading the word about the website as I think it is amazing!

8-) it's so easy to use and the support i have received so far has been

great

[hellsbellz]

Well barclays have offered me £600 to which I will be saying a big fat "not on your nelly!" - every time they charged me those excessive over my overdraft fees if I had said "ok i will pay you less than half of that!" I don't think they would have agreed, do you? Am excited that it's moving onwards but will not be resting until they have paid me back everything they owe me!

[hellsbellz]

Its 21 days since my LBA was received by Barclays and I'm ready to file my claim now but have not responded to Barclays offer of £600. Do I need to do this beforehand?

[austenpowers]

Not at all. You told them you would go to court if they didn't respond favourably to your LBA, and in your opinion an offer of £600 is not responding favourably, so off to court you go! By all means respond to them saying you reject their offer and you are left with no alternative but to proceed to court. Don't give them any extra time as this is all part of their delaying tactics that they will employ throughout the claim and is exactly what they are after.

[hellsbellz]

Thanks austen! Rightio on with the moneyclaim form...I can't find a template specificallly for putting in the online particulars of claim and am going over my character and line count. Does anyone have a template I can change slightly that they used?

[hellsbellz]

Ignore the last post...have found this! Don't understand the 2nd two amounts at the end though...what figures should I put in there?!!!

1. The Claimant has an account xxxxxx with the Defendant, opened 14/10/1991. 2. Since 19/2/2001 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1350 (b) Interest per S.69 County Courts Act of 8% - £xx.xxcontinuing at 8% until judgment or settlement at a daily rate of £xx.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

[Michael Browne]

(b) Interest per S.69 County Courts Act of 8% - £xx.xx

 

This is the total 8% interest figure from your spreadsheet

 

continuing at 8% until judgment or settlement at a daily rate of £xx.xx;

This is just your charges x 0.00022

 

eg £495 x 0.00022 = £0.11p

[hellsbellz]

thanks michael! ;-)

 

i am filling out my spreadsheet for statutory interest. at the risk of sounding like a 'nana...is the claim date the date i put it thru on mcol or the date i requested the charges back with barclays to begin with?

[hellsbellz]

I have assumed it is from todays date....just want to be sure I have done it right now...

1. The Claimant has an account XXXXX with the Defendant, opened 14/10/1991. 2. Since 19/2/2001 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1350 (b) Interest per S.69 County Courts Act of 8% - £1679.73continuing at 8% until judgment or settlement at a daily rate of £0.36.82; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

please can someone advise?

[hellsbellz]

*bump*

[Michael Browne]

5. Claimant claims: (a) return of the amounts debited of £1350 (b) Interest per S.69 County Courts Act of 8% - £1679.73continuing at 8% until judgment or settlement at a daily rate of £0.36.82; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

8% figure seems rather high, are you sure that's right? On £1350 I would have thought it would be around £200-£300. Daily rate is charges x 0.00022 ie £1350 x 0.00022= £0.30p

[Welshman]

As an example, my claim is around £2000 plus interest of just under £500 covering the period from 2001 to June or so this year with the charges about equally shared in each year. So, what Michael suggested is about right.

[hellsbellz]

I used Vampiress' spreadsheet entitled "from claim date with contractual interest" ...has something gone wrong on the formula then do you think?

[austenpowers]

Are you asking for £1679.73 in interest plus £1350 in charges, or is this the total of your claim £1679.73 including the charges and interest?

 

Just trying to clarify?

[hellsbellz]

£1679.73 is that total amount with interest...I have changed it to £330 which is just the interest. Filed my claim on mcol and away we go!

 

ps thanks for your patience with me

[hellsbellz]

Have been searching the FAQs and step by step instructions like mad but cannot find the answer to my question...I know I now need to send a copy of the spreadsheets with charges on to Northampton County court and Barclays but what do I send with it? A copy of the claim form? Confuzled again

[Welshman]

You need to produce a schedule that includes the 8% interest and you should, after filing your claim with MCOL, send one copy to MCOL by post, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

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

For Barclays:

Litigation and Disputes Team

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

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

[hellsbellz]

Thanks very much. Am sending both of those out tmrw recorded delivery. I have claim date on schedule down as 9th November but the notice of issue from MCOL says 10th November as date of issue....should I change it over?

[Welshman]

It's a very quick amendment, I'd change everything so that they all tally up.

[hellsbellz]

Excellent! Everything is sorted and that's all gone out recorded delivery today. Back to the old waiting game once more methinks!

[hellsbellz]

I am now waiting for Barclays to do their usual trick of responding at the last minute – deadline day is tomorrow so Moneyclaim have advised I can file for judgement by default on 30.11 and if I understood them correct, Barclays then have 48 hours to respond to that….