Barclays acknowledge claim so now what!!!

[Hayley Hill]

Having been inspired by various articles in the press and, of course, this great website I have taken the path of no return.

I have gone through the various stages - sending the letter to the bank, getting an offer of half the money back, rejecting it as full and final settlement etc, etc and today - having received another letter from Barclays saying that I should have taken their offer because now I'll have to take them to court - I have done exactly that!

So, I have submitted my money claim form to the court, paid my £120 fee, and now wait, nervously, to find out what will happen next! Fingers crossed - I shall keep you posted.

[Stevie T]

Good luck! Keep patient and stick at it!

[Hayley Hill]

Hi there

 

I have looked at various messages from other members and kind of know the answer but need a bit of reassurance!

 

Having got to the money claim online stage (i.e. potentially taking Barclays to court!!! v. scary!!!) I was under the impression that it would be settled within 14 days. Today is the deadline but, having tracked my claim online, I now see that Barclays have acknowledged my claim!!

 

Does this mean that they now have a further 14 days to sit on this? Do I need to take any action or do I just wait for this further period to lapse? Are there lots of other people who have got this far i.e. is this quite a standard thing that Barclays like to do to hold on to our money just that little bit longer?

 

Any advice or comments gratefully received.

 

H x

[Bookworm]

Ok, first, can you please not start a new thread every time you have a question or update, or we'll never be able to follow as things develop. I have merged your threads, from now on, please post on here, ok? Thanks.

 

If you were under the impression that your claim would be settled within 14 days, I am sorry to say you have a lot more reading to do.

 

Barclays in particular are absolute swines when it comes to holding things up, and they have never ever settled straight away. It is only in the last couple of months that we have seen the conclusion of Barclays cases that got started in the spring. I started mine in April and am still waiting.

 

Yes, they have acknowledged, they always do. They now have 28 days to enter a defence, and they will do so on the 28th day, if they run true to form.

 

Have a read of Icefall's thread, Twinkle's thread, mine, and others where you see there's lots of posts, it will give you an indication of how Barclays play.

[Hayley Hill]

Hi there

 

Thanks for your comments and sorry about the whole 'thread' thing. Bit new to all this and didn't understand how it worked.

 

Having read icefall's experiences I am even more determined to see this through to the end. I have brought myself up to speed with how the process works and feel a lot more prepared. So, Barclays, Bring it on!!! I'm ready for you.

 

Thank you for your support and I shall keep you posted (without starting a new thread!!!!)

 

Barclays - we are coming for you!!!!!!!!!!!!!

[MARTIN3030]

Yes thats the spirit......keep at em !

[Hayley Hill]

Hi there

Not sure whether I am doing this right - am totally confused by the whole 'thread' thing but hopefully this will appear in the same section so you can see my history. Anyway, have today received a letter from the court saying that Barclays have filed a defence and I have to complete an allocation questionnaire on or before 23rd October and pay a further £100 court fee.

Any advice please on how I proceed now?

Obviously having come this far I am committed to seeing this through to the end but just need a little encouragement as the defence that Barclays is legal jargon that I don't really understand!!

Help and advice from anyone gratefully received!! !

[Welshman]

Hi Hayley.

 

Take a look here and read that thread from post #33 onward to give you an idea of what others have done. Then go along to here which gives you guidance to filling the AQ. Finally, I have seen many posts from claimants asking what on earth to put in section G in the AQ. The following has been the the text claimants have been putting there:

 

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

 

Hope that helps you and Good Luck.

[MARTIN3030]

this will all fit if you write it small enough

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation

[Bookworm]

And the £100 AQ fee is only if your claim is above £1500.

[lottie36]

Hello scary isn't it.You are one step ahead of me.They offered me part payment which i was tempted to take but now im posting my letter before action.Out of interest do you get the first offer and then take them to court for the rest?Good luck but i wont know how to find you again thats what worries me its a bit confusing!!

[Welshman]

Now that you have responded to this thread, you will get an e.mail when anyone contributes to it so you'll not lose it.

 

By rejecting their offer using the template letter, they will tell you that they won't play ball. It's a full and final settlement - all or nothing, so you file for the lot in MCOL or your local County Court.

 

Good Luck

[Hayley Hill]

Hi there

 

Thanks for your helpful advice - have now read all the relevant threads and have completed the questionnaire form I received from my local court.

 

Your advice and guidance has been absolutely brilliant - there is no way I could have got this far (or to be honest would have stuck with it for so long) without this site and I shall definitely donate some money if I ever reach the end of this journey!

 

I am off to Southend now to deliver my questionnaire. Will keep you posted.

 

If anyone is reading this thread my only advice would be, DON'T GIVE UP!!!!!!!!!!!

[Welshman]

Well done Hayley, good luck.

[Ja25k]

Hi, Its so good to read about someone going through the same worries and doubts and being reassured. I am waiting for notification from the court to see what happens next. Ill keep an eye on this thread. Thanks.

[Hayley Hill]

Please help!

Yesterday I received a "general form of judgement or order" from my local court.

It says that the claim is to be stayed until 13 december. The matter will then be referred to a judge in paperwork on that date.

Have I missed something crucial??

Should I have taken action on this - I filled out the questionnaire and posted it back well within the time period requested and I thought that was the right thing to do.

Does this mean that I should have taken further action and didn't so therefore I have messed up???

If anyone can offer some advice I would be very grateful.

Many thanks

[Spotted Dog]

Others here have had their hearings 'stayed'. I don't think you have messed up.

 

This could be part of the court ptting claims against Barclays on to the same date - so they can all be dealt with at once.

 

If you cannot find enough information by searching through this forum, it may be worth ringing the court and asking what it means and what will happen next.

 

Spotty

[carol c]

received standard letter offering me half of money owed. Am just sending off letter to decline their offer. Im a little anxious that they will decline their first offer (Getting to the scarely bit now) but am datermined to see this all the way. Its Pay Back Time!!

[Hayley Hill]

Having received a hearing date from Southend Court for next month I am preparing my paperwork. Have downloaded the brilliant 'basic court bundle' and put most of it together with correct page numbers etc. However, not being the most technically minded PC user in the world, I don't know if I have missed the last section: OFT Statement Summary. Can anyone let me know how long this section is and briefly what it is as it doesn't seem to be at the end of my bundle!!! Everything else on the template was very straightforward with the heading of each section appearing at the top of each page but I just can't see OFT Statement Summary?! Sorry to be so thick but so very nearly there now - any help gratefully received!

[why!!!!!!]

Hi hayley,

Here is the link for the OFT statement summary.

http://www.oft.gov.uk/NR/rdonlyres/DF19FDA9-1D31-4B18-B251-9BF5AF6A29D4/0/oft842a.pdf

Best of luck.

Claire

[Hayley Hill]

Can anyone help me please.

I received a notice of allocation from the court giving me a hearing date and time. Unfortunately it is scheduled for when I am away on holiday (this is a Christmas present from my parents for all my family to go away together). I wrote a letter to the court manager explaining that I would be away on holiday on this date and would not be available. I explained that I started the claim in July 06 when I had no holidays scheduled and that this was an unexpected holiday given as a gift to me blah, blah, blah. I stated that I am in an impossible position as I have the opportunity of a holiday of a lifetime with my parents, sisters and their families etc but that I did not want to jeopardise my case against Barclays is this has been going on for over six months. I enclosed my supporting documentation / case bundle and asked that it would be at all possible to reschedule the hearing date given the circumstances.

Today I have received a letter from the court saying that my letter was put before the District Judge who made the following comments:

1. The hearing stands

2. Leave to claimant to appeal by letter.

I spoke to the court for an explanation of what procedure I now need to follow and what point 2 actually means but they could not advise me. They referred me to a government funded "Community Legal Services" helpline but they could not explain it either. They told me to take the letter to my local Citizens Advice Bureau.

Has anyone been in this position or can anyone help or advise me on what action I need to take. I go away on Friday and I am running out of time! My biggest concern is that having got so far from those early days back in July last year that I could potentially fall at the last fence which will be just devastating!!!! PLEASE HELP, ANYONE !!! URGENTLY!!!!!

Thank you.

Hayley aka Desperado!!!

[Hayley Hill]

Following on from my previous post, I have drafted a letter of response to the court. Does anyone have any feedback before I send it???

 

My response reads, as follows:

 

"I have received a letter dated 29th January from Mrs Sears of the Listing Section (copy attached for ease of reference) and would ask that this letter is placed before the District Judge at your earliest convenience.

 

I wish to respectfully appeal against the decision that the original hearing date stands. I enclose a copy of my airline tickets (for myself, my three children aged 9, 7 and 3 and all the other members of my family who are due to fly to Orlando, Florida this coming Saturday). As I mentioned in my previous letter dated 8th January, this is an ‘unexpected’ holiday with my whole family which was paid for by my parents as a Christmas present. When I originally started my claim, back in July 2006, I did not have any holiday scheduled and did not foresee any problems with making myself available for a hearing of the above case.

 

I am very keen to resolve the issue with Barclays, having spent a considerable amount of time in pursuing this matter. I have already prepared and submitted my supporting documentation for this case to the Court and to the Defendant. I can guarantee my availability for any other date after Monday 19th February that would suit your convenience for a rescheduled hearing date.

 

I do not want to jeopardise my case and would, again, respectfully ask that you reconsider your decision and reschedule the hearing date so that I may represent myself in my case against Barclays Bank. I hope that I have not been disrespectful in my wording but I am not too familiar with the etiquette of the law system and hope you will allow me some dispensation with the composition of my letter."

 

Any comments gratefully received!

[carter56]

hayley i wish you good luck with this one i will follow your link to see how you go one. love linda

[Welshman]

Have you thought about phoning Barclays and asking if they wish to settle?

 

Have a read of page 9 in my thread to see how I did it.

 

If you DO decide to contact them, DO NOT tell them that you are going on holiday and would not be available to attend court.

 

Have your figures at the ready.

[Laineybelle]

Hayley,

 

Welshman is so right. Thye don't need to know that you won't be about. They always try to settle beforehand. maybe that is what the Court sort of knows and why they have put that.

 

There is another thread just by yours from wigglywoo and they have listed points to think of when you make that call as well as Welshman's.

 

Good luck and let us know how you get on

Laineybelle