feefofum Vs Barclays

[feefofum]

Cheers, Last one for now I promise.. How does the following letter sound? (PS, I'm writing this stuff out as I'm happy for people to use the same letters/words etc if they're having the same issues as me).

 

Dear ........

 

Many thanks for your reply dated 4th July 2006. I note you are offering a goodwill gesture of £200 in full and final settlement of my claim.

 

However as previously stated I require full repayment of the charges you have levied against my account. Attached is a schedule of charges you have made against me along with interest you have then charged on the resultant unauthorised overdraft.

 

I am urging you to reconsider your offer and refund me the full amount which I've since recalculated to be £xxxx plux £xxxx overdraft interest. Total £xxxx.

 

If you do not comply fully within 7 days of the date of this letter then I shall begin a claim against you without further notice for the full amount plus interest charged at 8% plus my costs.

 

Yours sincerely

[alanfromderby]

Super.

[Peterbard]

Please excuse me if this point has been raised before.I am a newcomer to this fantastic site and still trying to get my head around all the information contained here. The question is why is there a delay in clearing cheques anyway? The payees account is checked instantly to ensure funds are available and money doesen't move around anymore does it it's all done by electronic transfer. My bank takes 10 days to clear a cheque,if you figure all the transactions that must take place throughout the country,thats a lot of interest that the banks are making,or have i got it all wrong.

[alanfromderby]

Very valid question....but not the place to ask it. Could you please repost as a new thread in the Bear Garden.

[feefofum]

Hi All.

 

I'm claiming £700 from Barclays on behalf of my partner. In July he got a letter offering him £200 in full and final settlement. On the 4th August we replied saying No thanks and offering them 7 days to reply with full offer, or see them in court.

 

We had no reply to the 'no thanks' letter, and then personal problems hit us v hard, My partner's grandmother died and my mother became very ill with a terminal illness.

 

The last thing on our mind was the 7 days we gave them to reply before we issued proceedings.

 

1. Will it be an issue that's it's almost a month later that we're now filling in the moneyclaim? As there's limited space on the moneyclaim form should I attempt to explain why there's been a delay in the claim?

 

2. Also, the 8% interest, is that calculated to the day you enter the moneyclaim and then that's it? Or do you continue to calculate it up until the bank settles?

 

Many thanks everyone.

[feefofum]

Ah Sorry Mods, I couldn't find my previous posts, but found them here. http://www.consumeractiongroup.co.uk/forum/barclays-bank/16248-what-if-i-got.html?highlight=feefofum Please feel free to amalgamate them all, and perhaps change the title? It's White Vs Barclays.

 

Sorry again (consider hands slapped).

[Spotted Dog]

I don't think it is an issue that you have given Barclays more time to respond and I don't think it is necessary to mention it on moneyclaim

Look in the library and you will find the concise text that needs to go in the MoneyClaim form - you just need to change dates, account numbers and the amount you are claiming.

If you are using the spreadsheet then claim the 8% up to the day you are submitting the MoneyClaim form. In the last part of the particulars of claim it says about using s69 to claim the 8% and after that you enter an amount per day for the continuing interest until you get settlement. The daily rate is 0.00022 multiplied by your total charges (before interest is added) on £3000 pounds it is about 66 p a day

 

Spotty

[feefofum]

Hi All.

 

Like many on this site I have to secretly visit whilst at work and speed read my way through posts. .. I love all the 'congrats' and banter that goes on etc, but haven't got time to read them all so am wondering if anyone could confirm what I think will happen next..

 

Form N1 sent to the the court registered post last Friday (1st Sept). Not yet heard back from them. -

 

1. Is this normal? How long should we wait for court documents back?

 

2. What's actually happening whilst we wait? (The courts are sending copy of N1 to Barclays, and Barclays are diong what?)

 

3. Once Barclays receive the forms they have 28 days to prepare a defence right? In peoples experience here, have they entered a defence? If so what have they said?

 

4. Has anyone won by default? i.e. Barclays have not entered a defence or answered N1?

 

4a, If so what's been their next course of action?

 

5. I see some people have been offered some of their money back via telephone calls, what exactly have they said in response?

 

6. Has anyone actually had their day in court with Barclays?

 

I know I'm asking a lot, I'm happy to read the relevant threads, just don't have any time whatsoever to find the relevant threads in the first place!

 

Donation on it's way once Barclays pay up!!

 

Ta.

 

5.

[Bookworm]

Form N1 sent to the the court registered post last Friday (1st Sept). Not yet heard back from them. -

 

1. Is this normal? How long should we wait for court documents back?

It depends on the Court, whether you're in a busy place or not.

 

2. What's actually happening whilst we wait? (The courts are sending copy of N1 to Barclays, and Barclays are diong what?)

Dealing with the others reclaiming their charges ahead of you in the queue, lol.

 

3. Once Barclays receive the forms they have 28 days to prepare a defence right?

Wrong. They have 14 days to acknowledge, stating whether they will defend or not. Barclays always say they will. THEN they get 28 days to prepare a defence.

In peoples experience here, have they entered a defence?

Yes, systematically.

If so what have they said?

"The charges are fair and lawful, they're in the T&C's, it's all your fault if you're in the sh!t, go away, you horrible little person" or words to that effect.

 

4. Has anyone won by default? i.e. Barclays have not entered a defence or answered N1?

Yes

 

4a, If so what's been their next course of action?

Said they would pay up straight away, as long as you agreed to the judgment be set-aside. If you refuse, they would get the judgment set aside, then it would get allocated a new hearing date, then they would pay up (no-one gone that far with Barclays, there's no point, might as well agree to set aside and get money asap)

 

5. I see some people have been offered some of their money back via telephone calls, what exactly have they said in response?

EXACTLY? Can't answer that, I'm afraid. Some have agreed to part-settlement (mistake), some have agreed to confidentiality (mistake), some have done both (BIG mistake), some have said: sod off, it's 100% of my charges + interest + court fee, and if you think I'm keeping my mouth shut, think again (correct answer!)

 

6. Has anyone actually had their day in court with Barclays?

Nope. I have a hearing date beginning of November, and I really REALLY want them to turn up, but as the judge in my case has ordered standard disclosure (EG reveal their costs), it ain't gonna happen!!!

Will that do? ;-)

[paulwlton]

Yes.

[harry56]

Yes is very short summary... have you considered alternate summary of no...

 

Or all powerfull maybe...

[feefofum]

VERY VERY HELPFUL INDEED! Many thanks once again, I bow repeatedly to your knowledge and willingness to share it!

 

And here's another (few) question(s) (if I may).

 

1. At what point do we get the allocation questionnaire? Is this after barclays decide to defend the claim?

 

2. Have seen the template on how to fill it in, then we send it back, and then what? We wait for our day in court? (At which point hopefully Barclays just pay up).

 

Thanks heaps again.

[essjaysea]

Basically, when the Court receive the defence from Barclays, they will send you a copy, together with the Allocation Questionnaire, within a few days.

 

Once you have sent the AQ back to the court, they will then give you a date for a hearing.

[feefofum]

Cool. We got the papers back from the court and Barclays have until the 22nd Sept to enter a defence.... so watch this space! Will PM Mods with case number etc.

 

Ta

[feefofum]

I read a similar thread on here last week, and it appears as though Barclays really do play hard. I understand a few ppl may have won but also signed confidentiality agreements preventing them from talking about it. Is there anyway, from amalgamating the litigation started/litigation concuded thread we can work out/guess just how many ppl HAVE won against Barclays?

 

Is Barclays the hardest Bank to take on? I'm worrying that I'll be transferred to the mercantile court and have to face them, would be just my luck!

 

BTW, how many ppl HAVE had their claim transferred to the mercantile court?

 

Cheers?

 

Fee

[rogerebaker]

Have a look at the survey. Plenty of wins against barclays. Remember Barclays includes Woolwich, Barclaycard

[rogerebaker]

In fact about 130 people getting back about 120 grand so far and there are loads of claims about to go to court.

 

being transferred to mercentile court I think is the luck of the draw depending on which court you end up at. It may seem like a bad thing but if you read the threads it seems to facilitate a rather quick settlement from the banks.

[feefofum]

hmmm, have only followed Barclays Bank threads so far, are the Woolwich and Barclaycard claims being dealt with by the same ppl then? And are they employing the same tactics??

 

Cheers

[Guest lobster]

yes all dealt by the same peeps as all part of the same company!

[feefofum]

ahh, And now I see the new thread showing the cases where ppl have won. Cheers again, my fighting spirit is restored!!

[feefofum]

Interesting turn of events, referring to the mercentile court!

 

I filed my N1 in person at my local court, (and to my knowledge no-one else has filed there, filed at end of August and got stuff back straight away) ! Barclays were given till 22nd Sept to enter a defence....

 

So tomorrow I expect that

 

a) they'll fax the court their defence, and then I'll get a copy of it along with the AQ (is this right)?

 

b) they'll ask for a 'stay' (is this what it's called?) to give them more time to file a defense? (In which case is it automatically granted? andif so how long do they get? And can I do anything about them asking for a 'stay', i.e. refuse them more time)?

 

c) They'll ask for a 'stay' whilst a test case is heard in the mercentile court, in which case waht then?

 

d) They'll refer my case to the mercentile court? (arghhh hope not)!!

 

e) They'll not enter anything (and I understand they have until 4pm tomorrow right)? and no Monday I'll apply for a judgement.... BUT..... as I've read on other threads, sometimes Barclays enter a defense/apply for more time AFTER the judgement is issued if the claim is through moneyclaim. Can they do this if it's filed on N1 in local court also???

 

Thank you all VERY MUCH. I'll keep updates etc posted on here.

 

x

[tigger26]

Feefofum,

I went to my local court & filed the N1, I found it a lot easier than trying to squeeze everything online .

Expect their defence at the last minute .

Good luck & don't panic

Sara

 

But look what happened to my case :o .

[essjaysea]

Barclays generally file an "Acknowledgement of the Claim" with the court, which they must do within 14 days of service. That buys them another 14 days to file their defence.

 

Once their defence is filed, the court will then send you a copy of their defence, together with an Allocation Questionnaire (to both sides), which has to be completed and filed with the court within 14 days.

 

Once this is all done, by both sides, then the judge will look at the case, decide which track the case should be on, and set a hearing date

 

If Barclays fail to file their defence within the 14 days after acknowledgement, you can apply for judgement, and even execution of the warrant, although, Barclays may apply to have this "set aside", if they can convince the judge that they have a legitimate defence, and that their failure to file on time was due to an oversight etc etc. Judges will normally grant a "Set Aside" in these circumstances.

 

Having said all that, in all probability, Barclays will attempt to settle with you if it gets to that stage, as the chances of Barclays making a court appearance is ZERO.

 

They will do everything they can to delay the process, hoping that you will just go away!!

[feefofum]

Thanks guys, Sarah have you got a link to your thread please?

 

(How naff is it that Barclays can get a 'set aside' once judgement has been issued. It's laughing in the courts face IMO). They haven't treid to settle at all so far (other than the laughable offer of a third of what I'm claiming). I definately will not answer the phone to them though (as I'm pretty useless once someone puts pressure on me, especially verbally).

 

Watch this space! Will update on Monday as to what's happened.

[feefofum]

ESSJAYSEA.....

 

You say Barclays may file an acknowledgement of claim but it has to be within 14 days of service...

 

..does this mean 14 days FROM the date tomorrow(22nd sept) with which the original papers say they have to file a defence? OR 14 days from the time the notice was served on them? (i.e. end of August). (Guess I'm looking for a definition of 'date of service').

 

Cheers