bmw323i vs barclays *** WON ***

[bmw323i]

hiya all;) ,

 

Been a while since my last post due to ISP problems:mad: but heres a quick rundown of my plight so far...

 

08/08/06 sent prelim letter for my charges of £1625

14/08/06 got letter back saying theyd look into my concerns blah blah

27/08/06 received an offer of £800, the usual gesture of goodwill patter...lol

31/08/06 sent letter to accept £800 as part payment etc, also sent LBA on same day.

06/09/06 got letter saying £800 was in full and final settlement and that they were not willing to pay this sum as an interim measure blah blah

 

05/10/06 due to a lack of funds i was a bit late submitting my MCOL,

just submitted it today for a whopping £2018 inc interest plus fees, had to add another £30 that i was charged on monday to the total, nothing like cheek is there:x.

 

Will this delay have any effects????

 

 

 

:grin: :grin: wish me luck, not that ill need it:cool:

[bmw323i]

Received Notice of Issue yesterday from Northampton County Court.

 

It states that my claim was issued on the 6th October 06 and it will be deemed to be served on the 11th Otober 06. The defendant has until the 25th October to reply, which i think is a Monday.

 

Wonder if mine will be one of many claims that Barclays "pretends they never saw" in their very badly managed Head Office.

 

:o This is unbelievable...*********

Today, i visited my local branch to check if a charge that had been applied to my account had been refunded. This was due to bad advise that i was given via telephone banking. Apparently, they have started using an asian call centre to handle some of theyre calls.

Anyway, the very very very nice lady behind the counter supplied me with a printout of my A/C, and to my horror they had refunded that charge only to re-charge me on the same day for going overdrawn again, (which was theyre fault in the first place). I kicked up a right fuss. The bank manager himself told me that he would personaly sort my account that afternoon and he was very very sorry.(Yeah right, whateva).

The highlight of my visit was when the very very nice lady clerk returned and started to make apologies on behalf of the bank. She made a very interesting addmission. These were her very words, "we're very sorry that this has happened, but unfortunately all charges are applied to peoples accounts automatically by the computer system and its not the bank staff that manually input the charges. Thats why you were further charged." :o

I asked if i could have this in writing and she laughed and looked stupidly at me. I did have my friend with me at the time, and she couldnt believe it.

???Question.

What happens if i get charges applied to my account now that i'm in the middle of court action????

 

Sorry for the very long post, I'll shut up now....:grin: :grin: Emz

[essjaysea]

The best thing to do is to make a note of all the charges they have applied to your account, since you filed the claim, and when Barclays eventually negotiate a settlement, add those charges on to the amount you are claiming

[bmw323i]

CLAIM AKNOWLEDGED

 

Just checked my MCOL and Barclays have aknowledged my claim today.

 

It now says that they have 28 days to reply to the claim.

 

What will happen now, should i expect to receive a defence from barclays within the next few days?

 

What should i do next?

 

 

 

 

:grin: :grin: emz

[essjaysea]

Basically they have another 14 days after acknowledging the claim to file a defence, assuming they acknowledged 14 days after service

[bmw323i]

Barclays had till the 08/11/06 to Defend and guess what??

 

Received a defence from barclays the other day dated the 8th Novemeber.

 

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

 

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

 

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

 

1 more thing, How do I change the Thread Title??

 

emz:D

[TANZARELLI]

Hi bmw323i,

 

I had same thing I believe and court date is 15th Dec. Today I sent this by recorded delivery:

 

Barclays Bank PLC

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP

14/11/2006

Re: Case Number ********

Dear Sirs,

 

I am writing with reference to the defence dated **/**/ 2006. I would like to clarify a statement, which you have made in section 8. In this section you have said the following:

‘The Defendant denies that it is liable to the Claimant for the sums claimed and the interest as pleaded by the Claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted by the Claimant to have been applied to the account prior to 01st September 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the Limitation Act’

 

With respect to you stating that part of my claim falls outside the six year rule, whilst I acknowledge the impact of the Limitations Act 1980 in respect of disputes over contractual issues, you will no doubt be familiar with Section 32, which gives relief to the claimants in cases where the defendant has concealed the nature of their actions, acted unlawfully or has made an error or omission.

 

It is my belief that the Defendant knew, or reasonably should have known that the charges they were levying were unlawful and disproportionate, also that this would have been apparent to their legal advisors following the enactment of the UTCCR 1999.

I am happy for the court to decide on this matter at the hearing.

 

Yours sincerely,

 

Name

 

Not sure if yours is exactly the same but you could adapt this if you need too.

 

Tanz

[bmw323i]

Cheers for that Tanz, just been reading through your thread .

 

Im only claiming charges from the 6 years bank statements that I requested in May this year, but by the time I sent the prelim letter it was August and I also added 2 charges for july and October on to the MCOL.

 

But Barclays' argument is that only charges dated 6 years prior to date of service are recoverable blah blah, is this what their defence to you stated??

 

Has anyone else got any input on this issue??

 

Also, I cant believe that they said that i never provided actual details of charges that im claiming for either in Point 1. I sent a futher copy of this by recorded post after service to both Barclays and the Court.

 

emz:D

[TANZARELLI]

Hi bmw323i

 

Yes see the bit in italics above as this is a quote from their defence but obviously mine was issued on 1st sept 2006 so the have counted back 6 years and are using this as their cut of point under limitation act.

 

Tanz

[bmw323i]

Thanks Tanz.

 

Does anyone else have any input on the above questions??

 

What about all the time it took to scan through pages and pages of bank statements, sending letters and waiting until last minute for a response from Barclays, this all takes time. By the time a Claim is Served, a few months may have passed.

 

Can this affect my claim on the day??

 

 

 

emz:D

[bmw323i]

Barclays had till the 08/11/06 to Defend and guess what??

 

Received a defence from barclays the other day dated the 8th Novemeber.

 

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

 

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

 

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

 

1 more thing, How do I change the Thread Title??

 

emz:D

 

 

 

Has anyone got any advice on the above please??

 

 

Emz:D

[Lizzy]

Yes mine to today.

 

Had to laugh it said

 

Point 1. No idea what charges are for or what dates (sent 3 times to them recorded and the courts as per instructions)

 

Then point 9. Said, the charge for 11 October 2000 is outside the date. Thought they had no idea of what or when I was claiming.

 

Im ignoring it because I started this end of September, idle threats. Also people have gone far beyond 6 years.

 

Lizzy

[bmw323i]

Barclays had till the 08/11/06 to Defend and guess what??

 

Received a defence from barclays the other day dated the 8th Novemeber.

 

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

 

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

 

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

 

1 more thing, How do I change the Thread Title??

 

emz:D

 

 

 

Please can anyone advise, as im waiting to send my A/C.

 

I just want to know if this will give them cause to seek a strike out??

 

Emz:D

[Michael Browne]

As I understand it the 6 years date from when you first became aware of the unlawful penalty cahrges and contacted the bank about them ie DPA letter, if sent, otherwise Prelim letter. They're merely trying to lessen their loss.

If they stick to this at settlement, tell them you will continue with the claim and will be happy for the court to decide.

[JackieJ]

BMW,

 

I got exactly the same thing but am just proceeding with my AQ as normal. Basically, the date of my claim goes back to my first letter to them - the initial request for a refund of the charges.

 

It is due to their refusal to refund these that I have had to take them to court so I'm sure that if it was to get to court, the court would accept this as your original request complied with the Limitation Act.

 

It looks to me like they are clutching at straws to hang onto any amount of your money that they can.

 

Don't worry, hang on in there, you'll get it back!

[bmw323i]

Quick update..

 

Posted my A/Q today recorded to RHYL County Court. Attached an

up-to-date schedule of charges with current court costs added at the bottom:D

 

Also today, I forwarded a letter to Mr Ruffhead in response to point 8 of their defence, regarding exhaustion of time in Limitations Act for claiming beyond the 6 year rule. Attached a copy to the A/Q for the court file too. The letter was kindly offered by TANZ above and really helped.

 

I hope Mr Ruffhead is getting bored with all this heel dragging, maybe he'll offer me a quick settlement. 100% would be just loverly Mr Ruffhead (wont hold my breath though).

Question???? Does anyone know how to change thread title and how do you merge one thread to another???

 

Hope I get a court date before chrimbo, just love the January sales..lol

 

Emz:D

[Welshman]

Hi Emz. What do you want the thread title changed to and where's the other thread please?

[bmw323i]

Hi Emz. What do you want the thread title changed to and where's the other thread please?

 

Hi Welshman

 

Id like this thread to be merged with my original one here http://www.consumeractiongroup.co.uk/forum/barclays-bank/36028-bmw323i-barclays.html

 

Did I do that right??

 

I would like the name of my thread changed to BMW323i v's Barclays.

 

Thanks Welshman

 

Emz:D

[Welshman]

Put the wheels in motion on your request Emz.

 

Like the avatar by the way. That's the one I've got on my mobile.

 

Logging off, Nos da

[bmw323i]

Put the wheels in motion on your request Emz.

 

Like the avatar by the way. That's the one I've got on my mobile.

 

Logging off, Nos da

 

Cheers Welshman

 

Nighty Nite:D

 

 

Emz

[bmw323i]

Just received letter from Rhyl County Court today that reads:

 

"Before DISTRICT JUDGE ****** sitting at Rhyl County Court.

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

this matter be listed for an allocation hearing on 9th February 2007 at 09:40am at Rhyl County Court with a time estimate of 20 minutes.

Dated 24 November 2006

Why do I need an allocation hearing, is there anything I can do about it???? This is just playing into the hands of the banks, giving them even more time.

 

The date at the top of the order is 07 December 2006, but it is dated at the bottom 24 november 2006???

 

Any help appreciated because I have to respond within 7 days if Im to do anything about it..

 

Emz:D

[bmw323i]

Bump

 

Just received letter from Rhyl County Court today that reads:

 

"Before DISTRICT JUDGE ****** sitting at Rhyl County Court.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

this matter be listed for an allocation hearing on 9th February 2007 at 09:40am at Rhyl County Court with a time estimate of 20 minutes.

 

Dated 24 November 2006

 

Why do I need an allocation hearing, is there anything I can do about it???? This is just playing into the hands of the banks, giving them even more time.

 

The date at the top of the order is 07 December 2006, but it is dated at the bottom 24 november 2006???

 

Any help appreciated because I have to respond within 7 days if Im to do anything about it..

 

Emz:D

[bmw323i]

Received letter from Rhyl County Court today that reads:

 

"Before DISTRICT JUDGE ****** sitting at Rhyl County Court.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

this matter be listed for an allocation hearing on 9th February 2007 at 09:40am at Rhyl County Court with a time estimate of 20 minutes.

 

Dated 24 November 2006

 

 

Why do I need an allocation hearing, is there anything I can do about it?

 

The date at the top of the order is 07 December 2006, but it is dated at the bottom 24 november 2006???

 

Any help appreciated because I have to respond within 7 days if Im to do anything about it..

 

 

 

Can anybody help with this as i only have a few days left to respond.

 

Received this letter on Monday so I have to get any reply off by Friday at the latest.

 

Emz:confused:

[Michael Browne]

Why would you want to object? It's an indication that the judge is on your side. You can request that Standard Disclosure be ordered and that Barclays be ordered to reveal a full breakdown of their costs.

[bmw323i]

Why would you want to object? It's an indication that the judge is on your side. You can request that Standard Disclosure be ordered and that Barclays be ordered to reveal a full breakdown of their costs.

 

Thanks for the reply. I just wasnt sure if it was a good thing or a bad thing.

 

I did request disclosure in Sec G of the A/Q but there has been no mention of this since.

 

Should I be doing anything now, or should I just wait till the Allocation Hearing, do I have to attend?

 

Do you think Barclays may still settle before this date?

 

Emz:D