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M v Barclays


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Hi welcome to the forum.

You will find this in the Bank action group.

Scroll down and the banks are in alpha order.

 

Your first move now if you have not got a list of charges,is to request your statements by sending the bank a letter under the Data protection act.

Find this in the banks template folder (see link below)

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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thanks Martin, have found Barclays forum following your instructions.

Re the Data Prot.Act letter, I notice there is a bit on there which says send correspondence to the address that you always have done, or words to that effect. However, I have changed address without notifying the bank. Guess I cannot send this letter without informing Bank of my current address? Means I will have to go into a branch as I don't have a pin for telephone banking.

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No the best thing to do is send them copy proof of name and address.

This is the one you are at now,with a note saying you were at ........but are now at .........

Easy to do just a little customising of the letter thats all.

 

I will put your thread in the Barclays group for you too.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just a quick question, am i right in assuming that 'bank charges' also include the fees they charge you for going over your overdraft limit?

 

Just about to start a case against Barclays so figured i should just reconfirm this, as the postings all talk about charges for returning DDs etc.

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I have a single and a joint account which I wish to take Barclays to task with. Does anyone recommend that I present each seperately or shall I just chuck them both in at the same time? Also, if I do both together, should I enclose cheque for £20 with subject access request letter or should it still be £10?

Hope someone out there can advise.

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  • 2 weeks later...

Received statements today. Calculate Barclays have charged me £1910 for unauth o/d's, paid referrals, unpaids out and one stopped cheque! Shall I claim for the stopped cheque? £10 does seem a bit steep for stopping a cheque!

Bye the way,

thanks everyone - reading your threads has given me the confidence to take this further.

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  • 3 weeks later...

Sent prelim letter 9 Oct and received reply from Mike Brophy, Head of Customer Relations dated 12 Oct "sorry you are unhappy with the charges.....we do aim to find a solution within four weeks............full report or update will be sent to you within eight weeks"

They received letter on 10 Oct so I think it's time for the LBA. Template letter starts "... you have failed to respond to my letter...". Guess I just amend to suit?

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  • 2 weeks later...

Reply from Barclays offering £500.00. Tempting. But not that tempting. Its been so long I'd better start reading some more threads! Little me now offers the mighty Barclays Bank outside...... It's court next.........

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  • 3 weeks later...

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

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Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Have received a Notice Of Issue from Northampton County Court which states that..." the court sent the claim to the defendant by first class post on 30 November and it will deemed to be served on the 5th December 2006. The defendant has until the 19th December 2006 to reply"

Is trhis the same as a Notice Of Acknowledgment mentioned by Michael, above? If so, I need to find the address of the banks solicitors. Should I just send to Churchill Place marked for the attn of the Legal Dept?

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  • 3 weeks later...

Received Notice that Acknowledgement Service has been filed today. It is dated 19th December 2006. Quote "The defendant now has 28 days from the date of service of the claim form to file a defence."

 

Adrian Ruffhead has signed as the defendant (well he's crossed the box).

 

He is stated as being the legal executive of Barclays Bank. He has also crossed the box which says "I intend to defend all of this claim".

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Am sending schedule of charges to Mr Ruffhead registered post tomorrow. How will I know that Barclays has filed a defence, and would I be right in thinking that the 28 days since service of the claim would be around 2nd Jan? Thank you to anyone who may be following my thread and could advise.

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When Barclays Bank files a defence, the court will then automatically send you an Allocation Questionnaire (AQ) to complete. Another copy will be sent to the Bank as well. 28 days starts from the date (5th Dec) the defendant is deemed to have received your initial claim and I think 2nd Jan is correct. Barclays Bank is known for delays. They wait to the last minute before responding to the defence. If they do not respond to the claim by 2nd Jan, if I were you, I would progress to Judgment by default.

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How would I progress to Judgment by default?

Barclays have stated their intention to file a defence but I have not received an AQ, and if my calculations are correct, their time has run out!

Would I go into MCOL and request Judgment?

MCOL advise that I cannot take things any further online, yet there is a column headed judgment.:confused: elp

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