OBrien vs Barlcays

[undypantz]

Have had computer problems, so haven't been on here for a few weeks.

 

Anyway, sent the first letter off on 24th August, got a reply back from them offering £300 (which is about half of the total).

 

Sent LBA on 9th October, and haven't heard anything since, not even an acknowledgement letter saying that they disagree with my claim. Is this normal?

 

Has anyone else experienced this from Barclays? If I don't hear anything by 23rd (14 days from LBA) I will start my claim with Money Claim. Is this correct, or do I have to give them 14 working days?

 

Any help at this point would be greatly appreciated.

[Michael Browne]

14 calendar days.

 

Start researching Mcol

Guide here:

Her Majesty's Courts Service

 

Particulars of Claim here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-money-claim-line-mcol.html

[undypantz]

The 14 calendar days are up tomorrow (23rd October). As yet I've heard nothing at all from Barclays as a result of me sending the LBA. Is this normal? Did anyone else experience the same? I didn't send the LBA recorded delivery, which I'm regretting now.

[alexifa]

Don't worry. Lots of people don't hear anything at all until the claim is issued.

 

As for not sending recorded delivery, again don't worry. You can assume they get your letters two days after you post them first class. Of course, the anks do sometimes claim they haven't received letters, but worst case scenario is that you send it again. Even then don't change the timeframe of your action.

 

Expect a reply very soon after you issue the claim

[undypantz]

Thanks Alexifa

 

I will wait until I get home tonight, to see if there is any post, but whatever happens I will continue the quest immediately.

 

Thanks again.

[undypantz]

Just going through the process of entering my claim details onto Money Claim Online, whilst reading the FAQ's in here again, and I've come across the following om Section 3 - How / Where Do I Start My Claim:-

 

This method can ONLY be used if money is the only thing being claimed. However, you must make sure that the bank has received a schedule of your charges at least twice during your preparatory correspondence.

 

I've only sent the schedule to the bank once (with the LBA), should I send it again before proceeding with the claim?

 

Any advice would be greatfully received.

[Welshman]

I suggest that you send a covering letter - with the reference number taken from their letters to you clearly shown - with the schedule and the letters' text something along the lines of:

 

"I refer to my on-going claim for the refund of charges levied on my account by Barclays Bank.

 

I enclose a copy of the schedule of charges in respect of the claim, identical to the schedule previously sent to you, and remind you that I shall be adhereing to the timescale set out in my Letter before Action".

 

I would certainly send that one by recorded delivery then I'd then possible leave it a few days before filing with the Court. When you then file at Court, send them yet another schedule, this time with the 8% interest showing, then you should be back on track. The Court should also be sent a hard copy of your schedule + 8%.

 

Good Luck

[undypantz]

From one Welshman to another, thanks for the advice. I will send a second letter and schedule tomorrow morning (recorded delivery) and then give it a few days before proceeding. I've already filled in the MCOL, just waiting to submit it.

 

Thanks again.

[Welshman]

Well Done. My case has been transferred from MCOL and, in fact, Barclays had until today to return their AQ but I've just got home after working away for 10 days so don't know whether they have or not.

 

I'm going to call down to the Court sometime tomorrow to check.

[undypantz]

Sent a second reminder to Barclays including the updated scehdule of charges (recorded delivery), and still no reply from them seven days on. Therefore, completed my MCOL details, paid the fee and submitted it.

 

Does anybody know the timescales involved from here on in?

 

Thanks

[undypantz]

Ok, Barclays have now acknowledged my claim made on MCOL, and intend on defending it. I've received a 'Notice that Acknowledgement of Service has been filed' and a copy of the 'Acknowledgement of Service', but everything seems to have gone quite. I assume this is while Barclays stall for time? Is there anything I should be doing at the moment?

 

Any help / advise would be gratefully received.

 

Thanks.

[Michael Browne]

Is there anything I should be doing at the moment?

 

 

 

Decorate the bedroom, teach yourself macrame, go jogging and wait for Barclay's defence.

[undypantz]

Thanks Michael

 

I just wanted to ensure that there was nothing I should be doing / sending to the court etc....?

 

It seems that at this point in the process one of a few things can happen. I'm off to B&Q!!

 

Thanks

[undypantz]

Ok, here's the latest.

 

Received notification from the court that Barclays were going to defend this. Notification included a change of court (to my local county court), and the Allocation Questionaire.

 

I had until 30th December to return this, so I completed it as per the excellent guidelines on this site, and delivered it by hand to the court today. Can anybody offer some sort of idea as to the time scales from here on?

 

I hope / assume that at some point that Barclays will decide to settle out of court....??

[orfoster]

What do you mean assume? You will win!! They won't go to court no matter what. They won't want to show their costs. Stick with it and you will win! Shouldn't be long now, time all differs.

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[TANZARELLI]

You could start getting your court bundle ready see here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

It can take a bit of printing and copying, however I didn't even get to send mine as the settled/plus money cleared in account by 21st Nov and my court date was 15 Dec 2006.

 

All claims seem to vary with timescales though, but not long to go now.

 

Tanz

[Welshman]

Can anybody offer some sort of idea as to the time scales from here on? I estimate you'll be given a Court date by the middle to third week of January - depends really how busy your local Court is.

 

I hope / assume that at some point that Barclays will decide to settle out of court....?? They will.

 

Good Luck.

[undypantz]

Thanks for all of the replies, but I'm a little confused.

 

I received a letter yesterday saying that it had been transferred to a different court, this is the third court that has now been involved. It began in Northampton, then it was transferred to Newport (the local court to my home address), and now its been transferred to Cardiff for track.

 

Is this normal, has anybody else experienced this?

 

Thanks.

[undypantz]

Just been looking through the Basic Court Bundle, and wow.....it means nothing to me. Maybe it's too late in the night for that now. Anyone else feel the same? Can somebody please explain this in layman's terms?

 

Help and advice is always greatly appreciated.

 

Thanks

[heidiK]

Hi

I have heard - on a few occasions over the months, various people getting their cases sent to different courts. Maybe they are trying to put them all at the same court on the same day for the same judge.. that is common too. Don't worry as it won't be getting to the court stage anyway!

[undypantz]

Hi Group

 

Finally received a letter last week with my court date. The date has been set as 26th March in Cardiff. I read somewhere of some advice about waiting a week or so and then contacting Barclays with regard to an out of court settlement. Is this correct? Does anybody have the contact details for Barclays?

 

Thanks

[msawouldlikejustice]

For various addresses and telephone numbers have a look in http://www.consumeractiongroup.co.uk/forum/barclays-bank/62975-barclays-tactics-what-you.html

 

Good Luck

 

To follow my claim against barclays Msa V Barclays Bank 5 days till court

[Welshman]

Also take a look at my thread from page 9 on.

[undypantz]

After receiving my court date (26th March), and not hearing anything from Barclays (no surprise there), I decided to give them a call. Spoke to Anthony Lombardi, who advised me that his colleague Laura Wrage was dealing with my claim.

 

He said in order to treat each customer 'fairly' they were currently reviewing the claims for the first two weeks of March, and once that had been completed, then they would look at the rest of the March claims. He said Laura would be in touch with me at some point.

 

Has anyone else experienced this? Should I sit and wait for another week or so, or is this just another delaying tactic?

 

Advice is welcomed as always.

[undypantz]

Also, I'm not sure what I should be doing about the court bundle. Can anyone assist?

 

Thanks