Charlotte's turn

[Shelty]

Issued the request for repayment today for £380....will keep you posted.

[Bookworm]

Please do.

 

Just hope you're not in a hurry.... Barclays have made it a habit to only pay up about 1 week before court date, sometimes shaving it even closer than that...

[Shelty]

st'd "will look into it" letter recieved today, will come back to us by 2/11

[bearo]

Keep to your timetable!!!

not theirs

[Shelty]

LBA going off tomorrow.

[Shelty]

MCOL done today.....why don't they settle these things earlier, they'd save themselves a further 8% + costs !!??

[vincethod]

"why don't they settle these things earlier, they'd save themselves a further 8% + costs !!??"

 

I can't help but think that myself, I also keep wondering if I should just say in one of my letters "look, I'm going to be following the well-trodden path as forged by Dave & BF at CAG, I know you're going to pay up before we get to court, you know you're going to pay up before we get to court, why don't you just save ua ll the hassle and pay up now eh? You know you want to." But then I remind myself that that's just not part of their game, they're probably cheering each time someone accepts their 35% offer or doesn't go to court, but not as loud as we cheer each time the settle in full.

 

Vince

[Shelty]

Offer of £150 out of £380 claimed......"this is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in f & f settlement of your complaint".

 

Will send an acceptance in part letter and add the Court claim reference just to let them know it's too late !!

[Shelty]

As I've started the MCOL & now got an offer, I've put this together as a mix of rejecting the offer & letting them know that they missed the 14 day deadline.....& see you in court ! Any views ?

Response to settlement offer.

Dear Ms Mounsey,

Thank you for your letter dated 31/10/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £XXX. Please be aware that I am also claiming interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 21/07/03 to 01/10/06, and I attach another schedule of these charges.

My letter before action sent previously indicated that you have until 31/10/06 to respond before Court action commenced, and as I heard nothing by this deadline, please be advised that I submitted my Money Claim on Line yesterday. For your information the reference for this claim is XXXXXXXXXX, and was filed with Northampton County Court.

I trust this clarifies my position.

Yours faithfully

 

[Shelty]

Today was their deadline for them replying to the Notice of Issue from the court, but I've heard nothing. If nothing comes in the post tomorrow I'll call the Court & see if I can get a judgement.

[Shelty]

Acknowledgement was put in yesterday. Carry on waiting

[Shelty]

AQ & defence recieved along with transfer to my local court.

 

Points from the defence in summary;

1. POC did not give details of charges. Wanting "struct proof" of each charge how many times do they want this !??!

2. Defendants charges gave fair and transparent view of charges

3. We accepted the t&c's when opening the a/c so therefore they're allowed to make the charges at this stage they even highlight how they've increased the charges !! quote; "£30 per item (previously £25)" & "£35 per item (previously £30"

4.They were allowed to charge us if we went over an o/d limit, it was our responsibility to keep within that limit

5. It is denied that the penalties are unlawful or breach the Unfair terms of consumer contracts regs 1999 or breach the supply of goods act 1982

6. They denie that the charges "unduly enrich the defendant"

7. Therefore they denie that they are unlawful

8.Same as point 4!

9 They are allowed to charge, accordingly the we are not entitled to a declaration by the court as to the enforceability of the charges

10 They are not liable to us for the charges on the basis that they're over 6 years old not sure how they can claim that one, when they're also claiming that they havent seen the list of charges ?!!

11. they claim that they have suffered loss and damage due to our breach of contract by allowing the a/c to go into o/d. As such they will "seek to recover to the extent necessary such loss and damge as it actually suffered, which will not necessarily be ltd to the value of said charges, and they seek to set off such sums against any liability owed to the claimant"

 

I'm ok with points 1-10, but is point 11 saying that they are prepared to disclose their costs or is it a threat for a counterclaim? Because if it is, then they haven't done one ?

Also, should we take the AQ in or wait till the last minute which is week after next in the hope that they'll settle first ?

All this for £420 !!

[phoenix11]

Hi Shelty - you've got exactly the same thing as I have.

 

I've been reading that paragraph again and it worries me too. It sounds like they're issuing a threat of a counterclaim.

[Spotted Dog]

Shelty and Phoenix -don't worry about clause 11. This is the standard Barclays defence. They are hoping you are ignorant and will be worried that they could win a Court case.

With the thousands of people claiming back charges - do you think they can win in court ?

They dare not appear in Court, but you have to show that you WILL appear in Court before they know thay cannot fob you off any longer and have to pay out

 

Spotty

[phoenix11]

Thanks Spotted Dog - it certainly does rattle the old nerves a bit - it's great to have this place - would never be able to achieve anything without it.

[Shelty]

phoned Court on Tuesday & were told that Barclays sent their AQ in 6 days late, and we were told that a judge woudl have been looking at it this week.......nothing yet

[Shelty]

letter from Court saying case allocated to small claims track at date & time to be notified, but no date is detailed.....is that normal?

 

Then;

1 request for info to be delivered to Barclays & Court copies of documents on which we intend to rely at the hearing what are these & do we need to do this before we know when the date will be?

2 Copies to be delivered no later than 14 days before hearing but no date for hearing ?

Any advice please anyone?

[phoenix11]

We had one of these.

 

Phone the court and explain they haven't included the date of the hearing, and ask them to send the notice of the hearing.

 

Then, once you know that, you'll need to get your court bundle ready and make sure you send one copy to the bank, one copy to the court and one copy for you - to arrive at least 14 days before the date of the hearing. You may want to send them by RD and it's apparently a good idea to send them earlier if possible.

 

The originals you'll need to take to the hearing (if it ever materialises.

 

What you need for the court bundle is..........

 

I'll find the link and come back in a minute.

[phoenix11]

This thread may be helpful:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29032-help-preparing-court-bundle.html

 

 

Here's the thread with the pdf of the suggested bundle:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[Shelty]

still no date for the hearing...will have to call Court again

[Shelty]

court date 21/3/07, with one hour allowed for small claim hearing.

 

Should I submit my bundle, or should I expect them to pay up now a date is set ?