fidji v barclays

[fidji]

Can anybody give me some assistance with the court forms against Barclays, please? They have had their three letters and ignored the last one totally. I got my statements for the last six years for the 1st letter, than a "How to Complain" leaflet for the second.

 

Can I do this at Moneyclaim online or do I have to go into the Court?

 

How much interest do I charge?

 

What name and address do I issue it against at Barclays?

 

Thanks

Fidji

[Michael Browne]

1. You can do either

2. Use the Simple spreadsheet here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

3.Look here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

4. How have you managed to get this far without knowing any of the above?

[Welshman]

Agree totally with Michaels' post.

 

You really MUST read the FAQ's and Step by Step guides. People jump in with both feet and are out of their depth because they havn't armed themselves with the knowledge to negotiate what is not a very complicated procedure.

 

Yes, you are still going to encounter things that need clarification and that's when to post questions on your thread. I did too but the questions you have posted are basic.

 

Read everything you can. The threads are invaluable. I spend hours (much to my wife's annoyance) reading as many of them as I can. She calms down when I remind her what the end result is going to be. It's well worth it in the end.

 

Anyway, to answer your questions.

 

I assume that when you say three letters, you mean the S.A.R - (Subject Access Request) requesting statements, the Prelim letter asking for the money and the third being the LBA telling them that you are just 14 days away from filing in Court. In order to ask them for a specific figure that they owe you, I also assume that you have used the spreadsheet from this site. If so, it will have already calculated the interest @ 8% for you.

 

Yes you can go to your local court or MCOL.

 

Here’s how to file your claim with MCOL:

 

Go to https://www.moneyclaim.gov.uk/csmco2/index.jsp and register with them.

 

The address you use for Barclays is:

 

Barclays Bank PLC, 1 Churchill Place, London, E14 5HP

 

Fill in the forms which are quite straightforward and in the particulars of claim, the text I used was:

"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999, Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

 

Tick No for Human Rights Issues.

 

That's the form taken care of. Now:

 

You now 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.

 

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. People here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

 

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 MCOL:

 

The Court Manager,

Moneyclaim

Northampton County Court

21 – 27 St Katharine’s Street

Northampton

NN1 2LH

[fidji]

Thanks for all this.

 

I started doing this from the Which? website with their three letters but, having had no result, I looked at bit further and found this site. Which? tend you leave you rather out of your depth after the first three letters.

 

Fidji

[mazda626]

I heard that it may be better to use the old fashioned form instead of the moneyclaim site - Think there are pros and cons to both but I used the old fashioned form. Do read through everything - All starts getting a bit confusing from this point - DONT just drop it though - Im waiting for my court date now (barclays decided to fight it!) but think (and hope!) I will get an offer a few days before court. Try the chat rooms for advice as the people on here are really helpful!

[fidji]

Thanks everyone

 

I have just filed my claim against Barclays on moneyclaim online for 2006.07.

 

Keeping my fingers crossed. Good luck to everyone. We'll stop this racket yet!

[fidji]

I have my court date for February 2007 at York County Court. I'm getting my statements, etc together for the pack to send them.

 

Do Barclays ever actually make it to court?

 

Thanks

[mazda626]

Hello mate - Starts getting a little more complicated from now but Ill try and help.

What was the last letter you sent them ? Was it the Letter before Action?

[Welshman]

Hello mate - Starts getting a little more complicated from now but Ill try and help.

What was the last letter you sent them ? Was it the Letter before Action?

 

Seems this post is out of place.

[whoareya]

fidji - What might make it easier for everyone to understand is if you list what you have done and what Barclays have done in chronological order. ie.

 

01-01-06 - SAR sent

30-01-06 - Statements Received

 

 

The more detail you fill the eaiser it for everyone to understand. I've not looked at the Which website nor do I intend to - I have everything I could ever wish for here (ahhh bless). So what were these three letters, just a little brief would be fine. I am guessing the first was 'Send me my statements' the second 'you've charged me £x I want it back' third 'if you don't I'll take you to court'

But a brief explanation will clear up the confusion. Help us help you.

[fidji]

I found the which? site before I found this one. The letters were essentially the same, SAR, asking nicely for money back and then LBA. All these were done and then I got stuck! They just say, go to your small claims court and that's it!

 

So I started searching and found this wonderful site.

 

Anyway, I filed with moneyclaim online and Barclays defended so I have sent off the questionnaire they sent me and my extra £100 and I now have a court date. I have downloaded the court pack from this site and I know I need to add copies of my letters and my bank statements and send a copy of this to the court and to Barclays not later than 14 days before the court date.

 

I was just wondering whether Barclays actually go to court or if they will try to settle beforehand.

 

If I have to go to court, I'll need some tips as to what I actually need to say to the judge.

 

Thanks

[whoareya]

Thanks for the update, I am in a similar situation as yourself, but about a month behind. I have taken on Lloyds and Barclays, with filing the Barclays claim today. Lloyds have today filed their defence.

 

With what I have read the impression I get is that Barclays do try to open negotiations before court as everyone has a public duty to avoid court.

 

I have read that lots of people have been to court but many settled before hand.

 

With regards to what to say to the judge - I've read on here that the judge is on your side 100% of the time and if you don't get down to the legal lingo they are quite compassionate

 

I have not yet read anyone failing at this but I have read many a time that the solicitors will try and get the case thrown out if you are unprepared. I have not really seen going to court a reality yet but when/if I go I will memorise everything in the bundle.

 

I think what the killer is, the banks will have to prove it costs them £30 per charge. They can't its not possible. Refer to that everytime. I think everyone would be in agreement that banks do incur inconvenience if you go overdrawn, everyone would argue how much inconvenience. A few months ago I had a DD paid by the bank who then charged me £30 for doing so and then £30 again for going overdrawn. £60 inconvenience I doubt it.

 

 

My recommendation is read the success stories. Post specific questions on here, people will try to help.

[fidji]

I sent off my court bundle last week but now I have seen all the articles on the bbc web site about tonights Money Programme "Are penalty charges bank robbery?"

 

Will I be able to use any of the material from the bbc website stating the actual cost of bouncing cheques is probably £4.50 and DD is £2.50?

 

I am really looking forward to seeing this programme tonight!

 

BBC NEWS | Special Reports | money_programme

 

for anybody who hasn't seen it yet.

[fidji]

Panic! I have a court date on 2nd February and I haven't heard a thing from Barclays yet. I know they have received all the paperwork which I sent in December, shouldn't they have got in touch by now?

[fidji]

Panic over! The settlement letter arrived today! £2100! They are paying in full! Thanks everybody!

 

Sorry about the exclamation marks, I'm just so pleased.

 

Donation on its way as soon as cheque arrives.

[Welshman]

Congratulations!!!!

[fidji]

Thank you, Welshman, your help has been invaluable.