Clued up Girl Vs Barclays

[Clued up girl]

Thank you so much for organising my thread for me Bookworm, I was getting lost!

 

I have just received a court date of 24th August, asked to submit any evidence that I intend to rely on etc

 

I'm sending correspondence, schedule of charges, relevant case law summary, etc (court bundle) tomorrow.

 

**Having a bit of a nightmare though, until I get home tonight, I am unsure where my copy statements are as this has been going on so long (we've moved twice!) If I can't find them, am I stuffed?

I thought my schedule of charges was a summary of all those statements, oops! Lets hope I can find them??!!**

[Clued up girl]

Can anyone please help me?

Urgently trying to put together my court bundle and I have realised a MASSIVE ERROR on my part. When I submitted my claim to the court I also said I was claiming for a certain amount i.e. money owed plus interest. What I didnt do is adjust the amount in interest owed from my original schedule of charges, therefore the amount now differs in interest.

 

I've totally mucked this up I think.

Now I am putting together the court bundle should I do a new schedule?

What date should I do the interest to?

At the moment it has never changed from my original letter to barclays (sent beg. of year!) so now i am owed more interest, but this changes my overall claim amount with the court.

 

I have just been asked to submit bundle so I have time to do what I need, but I really need some URGENT guidance please. court date 24th July*

[saintly_1]

The interest will be different as it is added at charges x 0.00022 a day until settlement or a court hearing

[tonycee]

court date 24th July*

 

Whoops.....

 

Are you sure....?

[Clued up girl]

sorry - court date August 24th!

 

What on earth do I do now?

Do I leave the charges as they are & hope that Barclays don't win on the technicality of me not adding up the interest correctly?

 

Or do I re-submit my schedule of charges with interest up until now?

 

Am I going for the set amount that the bank owe us in charges then the interest is automatically added or does the court award the amount that I submit to the court on my schedule?

 

Sorry this is getting complicated now, I am panicking.

[saintly_1]

Your charges have remained the same ... its only the interest that has gone up which is what it should do because you are claiming interest from the date that the charge was incurred they will be expecting the interest to have gone up ...... any SOC's that you send from now should include the interest upto the date of issue

[Clued up girl]

thank you for your quick reply, but what about when I sent my N1 form in?

 

I'm sure I had to state the amount I was claiming in full including the interest, now the full amount claimed is going to be massively different?? or am I missing the point?!

 

Also which one is the date of issue? Is the the 1st response from court to my N1?

 

Sorry for being such a pain, I'm really regretting calling my self clued up all that time ago when I started this!

[Michael Browne]

Have I got this right.

 

In October(ish) you sent a schedule inc interest withe the prelim and LBA and when you filed in Dec you claimed the same amount of interest as per the Prleim and LBA SoC.

 

In other words you didn't up date the interest to the date you filed and therefore haven't claimed for the additional interest between Prelim letter and date of filing ie a couple of months maybe?

[Clued up girl]

yes thats right, it been best part of 6 months now. But more importantly, the amount I claimed on my schedule that I sent in with my N1 form is the interest up to last year when I first used the spreadsheet, not up to the date of issue.

[Michael Browne]

Any interest since you issued the claim will be taken care of by the daily rate, so the only amount we are talking about is the interest between the date of your Prelim letter and the date you filed. How long is that -6 weeks, 8 weeks?

[Clued up girl]

sent prelim letter Oct 06

sent N1 form to court May 07

[Michael Browne]

Ok thought you filed in Dec.

 

You have two choices

a) forego 6-7 months interest at the daily rate

b) amend your claim (£35 fee - unreclaimable)

[Clued up girl]

If I forego 6-7 months interest, will my claim still stand up in court? I'm worried that Barclays will do the calculations themselves and discover that mine don't add up? I don't mind about losing the extra interest, it's my fault for taking so long with this.

 

I really don't want to amend my claim, as I don't think it's wise to rock the boat this near to the court date and I am worried that it will change the outcome. (also don't know what's involved in this process)

 

Shall I just carry on as I was; preparing the court bundle with the old figures? (I'll be guided by your experience, won't hold you to it though!) Do you think I've got a realistic chance of success with the case if I leave everything as it is??

 

Thank you for your help on this.

[Michael Browne]

If I forego 6-7 months interest, will my claim still stand up in court?

Yes

I'm worried that Barclays will do the calculations themselves and discover that mine don't add up?

You think they're going to complain that they are having to settle for lees than they need to?

 

I really don't want to amend my claim, as I don't think it's wise to rock the boat this near to the court date and I am worried that it will change the outcome.

It's not rocking the boat and won't alter the fact that they will settle in full. But it may delay your claim slightly

 

(also don't know what's involved in this process)

 

Not difficult for someone who's clued up

 

 

Do you think I've got a realistic chance of success with the case if I leave everything as it is??

Yes and the answer is the same if you amend

[oneofakind]

Amen Michael.

 

CuG, the banks don't want to go to court, and every penny saved by them seems like a victory.

 

They have NO DEFENCE! Carry on claiming!

 

[Clued up girl]

thank you for your reassurance guys, onward I go!

[Clued up girl]

Right, I reckon this is going to be the last question that I ask on this site before I shout "hallelujah, case won" (I hope)

 

My court bundle (x3 copies) is ready to submit.

 

It says in the FAQs;

Q. The bank has responded and left me no choice - I am now prepared to go to court. Where should I address the court papers?

A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm.

1) I keep one copy for me, I send one into the court and I send one copy to Barclays Head office. -Is this right? Should I address it to someone specific and should it go recorded delivery? (I will post court copy by hand)

 

2) I will header the bundle with "MR X v Barclays Bank", "court name, claim no. & date of hearing" and "copy of the documents I intend to rely on at the hearing".

 

I know this seems like a silly question, but is this everything I need to do?

Don't want to think about this claim anymore, just want it over with and all the docs submitted!!!:-|

[Michael Browne]

Send it to:

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP

 

Recorded or Special Delivery

[Clued up girl]

Hi everyone!

 

OK so we're in court this Friday (I'm speaking on behalf of my partner) & I feel nervous now!

 

Since he moved his banking over to "Abbey" and stopped using this account, (as advised) he has had nothing but grief and problems from Barclays. I spent an hour on the phone to a call centre manager last night trying to sort out a total cock up with his Barclayloan.

 

GET THIS...

He tried to take the protection off his B.loan months ago, they wouldn't do this- said he needed a new unprotected loan & they would pay of old loan with these funds. Instead, they put a load of cash (£4500) in his current account instead of paying off his loan, this wasn't even enough to cover the old loan anyway, so there it is sitting in his account! PLUS he has 2 loans going & 2 DDs set up for nearly £400 a month!

 

I registered a complaint, they said it would take 5-7 days to resolve this problem. I mentioned that I would be highlighting this incident of Barclays' incompetence when we see them in court re; bank charges-

 

His reply, " I don't think so Madam, every case is on hold pending an investigation, so you won't be seeing us in court for a while" (in a really sarcastic voice)

To my delight, I replied "ah but I have a court date of Friday this week"

 

The mood changed to say the least -a polite, helpful Manager emerged! I said I had given Barclays ample opportunity to respond to my claim and I was really looking forward to Friday! God I hope I win now!!

 

WILL BARCLAYS ACTUALLY TURN UP TO COURT ON FRIDAY? WILL THEY SEND A STATEMENT TO BE READ OUT INSTEAD? IF THEY DON'T TURN UP DOES THE CASE AUTOMATICALLY GET THROWN OUT & I WIN?

SHOULD I MENTION ALL THE LITTLE INCIDENTS THAT HAVE HAPPENED THIS YEAR IN COURT?

 

WHAT IS THE LIKELY OUTCOME OF MY CASE AT THE MOMENT? (given the changes in response from Barclays).

 

Any thoughts or advice would be greatly appreciated.

Love you all x

[slick132]

CUGirl,

 

I would avoid mentioning the various incidents as they are irrelevant to your Court case and may not impress the Judge.

 

Concentrate on the Reclaim of Charges that you've filed for and read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 - so you are ready if Barclays apply to have the case Stayed. Print off and take 3 copies of post #2.

 

Also, read here for inspiration - http://www.consumeractiongroup.co.uk/forum/barclays-bank/110829-court-case-next-week.html.

 

Good luck, Slick

[Clued up girl]

Thank you for advice/threads.

 

I want to speak on behalf of my partner in court, even though this is his case, he feels unable to speak in public about something he really doesn't understand. Due to his dyslexia etc I have handled this whole case from the start, writing letters etc. and I feel confident to speak in court on his behalf.

 

Does anyone know the procedure for this?

Should he stand up and ask if I can speak on his behalf?

Should we compile a letter that states he wants me to speak for him to hand to the judge?

Should I have done this before court date?

 

Any ideas?? I know this is a bit odd, but he really can't do this on his own.

[slick132]

If you explain to the Court Usher when you arrive (early) at the Court, that it's your BF's case but you are speaking for him and give the Usher your name.

 

The Judge should be fine hearing from you on behalf of your BF and good luck.

 

Slick

[Clued up girl]

thank you, we'll keep you posted on the result!

 

I'll take as many notes as I can in court so I can report back & hopefully help anyone with a court date coming up.