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JAmies Mum V Barclays


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i wrote to Barclays on 6 June asking for refund of part charges. They refused in writing quoting terms and conditons bla bla. i then sent letter of Action with schedule of charges for five years. They did not respond in writing, but after the deadline I spoke with someone from head office in August who reiterated the terms and conditions and told me that litigation was my perogative. So now have saved the £120 and filed via money claim.

 

My question is that as part of my defense paperwork, should i have something in writing from Barclays that reflects that conversation or should i just stick with the original refusal letter. I am wondering if I should write to them to tell them claim in process and asking for a written confirmation of the conversation with said bank employee. Any thoughts welcome

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If you've given them written warning that you'll take further "action" unless they pay up, given them a "reasonable" time to respond (say 14 days) and they've failed to respond positively - then your obligation to Barclays has been met. They've had their chance!

 

Once you put in your moneyclaim the court will notify Barclays. All you have to do is wait for the next stage.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Just take it one step at a time. You can always get advice and help on this forum.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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wondering what I will need to prepare for the Defence

 

Nothing.

 

You are taking them to court, not the other way round. It is them who need to prepare a defence.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Don't worry THEY are more frightened than you are. Tough .. eh?

  • Confused 1

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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  • 1 month later...

So now I am preparing my court bundle. Have got my written correspondence with B....together and indexed that , but still not sure how or if I should make reference to their telephone call where they told me to see them in court? Is the fact that there is no written response from them sufficient to speak volumes in itself?

Thanks everyone.,

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That only goes to reinforce what everyone is told from the very beginning that contact with them should only be in writing every time. I'm afraid that your verbal communication holds no evidential value.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I agree in retrospect that it would have been better to have no verbal dialogue with them at all. However I see from the forums that some people have chosen to do so, and others have been called by the bank out of the blue. My query is have those people referred to those conversations as part of their court bundle, and if so how did they do that?.

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  • 3 weeks later...

I have received a court date and have now been asked to deliver the copes of all ducuments intended to rely on in court. i have been preparing the court bundle so am ok with that. however they also ask for Written witness stements endorsed with a statment of truth". Is this just a rehash of POC and a case summary which should be added and to the Court Bundle, indexed accordingly? ( I didnt say i was going to rely on witness in the initial claim)

 

thanks

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