Chris P Vs Barclays

[Chrisp7]

So I am starting my claim today, however stumbled at the first block! Which address do I sent the first letter to? (data protecion - request for statements) My local branch or the head office? I suspect sending it registered post is the best way to proceed, is that how you have all sent your post?

 

This should be quite a meaty claim, possibly up to the 4k level due to my past student years of excess!

[bearo]

Hi there

Welcome to the forums.

 

You should send your letters to the registered address for Barlcays, there are sticky notes at the top of the barclays forum with the address, personally i would keep all correspondance to the same address (1 churchill place) as it will get redirected internally without delay, not likely to sit on someones desk for a week like it "MAY" if you send it to a random barclays address.

1st class standard post is fine as long as you get oyur proof of postage from the post office (free)

 

Keep us updated

Sharon

[khayes]

Hi,

 

I'm also starting out today, although I don't believe my claim will be as big as yours.

 

Good Luck!

[Chrisp7]

Hi guys, Thanks for the Advice Sharon and good luck khayes!

 

Well its all going smoothly so far, I have received all my statements, within 6 weeks and have added up the total, and well it seems I have been better than I thought! Only £825 worth of charges, which is a little disappointing, I wish I had been more irresponsible!

 

So I am sending off my prelim letter today, things going so well I am starting on my second bank account and may even hit my credit cards.

 

Anyway will let you know if things start going wrong I am sure!

[Chrisp7]

Barclays havent responded to my Letter Before Action letter and I am about to apply to take them to small claims court.

 

I noticed that I again went over my limit and have been given a £30 'COMISSION' charge. Is this reclaimable? If I wish to claim it will I need to go back 2 stages - ie claim the full amount again or just add it to the small claims claim?

 

Thanks

[dickeggsy]

stick em on your schedule and when you send the schedule in add a letter informing them that this is the updated schedule.

i think i said schedule too many times then .lol.

[Chrisp7]

But using Moneyclaim no schedule is asked for? Do you mean send in another LBA with schedule or when making a court claim add in the £30 and when asked for the schedue at a later date add that to it?

[dickeggsy]

when you submit a claim online you should send a schedule to MCOL and a copy to barclays litigation and disputes team in london with covering letters explaining you have sent a schedule to each party.

[Chrisp7]

Thanks:) I assume they ask you to do that at the end?

[sophiekerry1]

Hi Chrisp7, I myself have just issued a claim to Barlcays (last couple of days) and I sent it to the Leiceister address, which is (allegedly)their headoffice! - I noticed £30 commission charges, when I looked at my statements online, but sneakily, they get changed to referral charges when you ask for your statements so yes include them!!! I shall post an update as and when they reply to me!! GOOD LUCK

[Chrisp7]

Hi Sophie, thanks for telling me - how sneaky is that! I just checked my account this is how they are charging me now:

 

 

14/02/2007 Debit -£30.00 COMMISSION

13/02/2007 Debit -£30.00 PAID REFERRAL 1 @ £30.00

 

Good luck to you too Sophie!

[Chrisp7]

Just an update, I decided to play it safe and send them a 2nd LBA letter with the additional charges, and again they have refused to respond. So I have just made a claim through moneyclaim for £1019 (inc interest). We will see what happens in 14+5 days.

[dickeggsy]

my god where have you been man lol.

you started yours two days after mine and i have a court date in april.

you been away or something.

nah i'm only joking .good luck with your claim mate.

[Chrisp7]

lol! Where are you claiming? I put it for my hometown, Malvern, (in the country) so hopefully my case might be before yours;)!

[MARTIN3030]

Just an update, I decided to play it safe and send them a 2nd LBA letter with the additional charges, and again they have refused to respond. So I have just made a claim through moneyclaim for £1019 (inc interest). We will see what happens in 14+5 days.

 

Dont forget to send a copy of the charges to Northampton

listing your claim number and account details on it.

[MARTIN3030]

Hi Chrisp7, I myself have just issued a claim to Barlcays (last couple of days) and I sent it to the Leiceister address, which is (allegedly)their headoffice! - I noticed £30 commission charges, when I looked at my statements online, but sneakily, they get changed to referral charges when you ask for your statements so yes include them!!! I shall post an update as and when they reply to me!! GOOD LUCK

 

 

Interesting Kerry as you CAN claim referral charges but NOT commission since these are normally for services.

any ideas what the commission charges are actually for ?

This looks like a new one to me.

[Chrisp7]

Dont forget to send a copy of the charges to Northampton

listing your claim number and account details on it.

 

Thanks am doing that today, incidentally why dont moneyclaim tell you to do that after payment?

[MARTIN3030]

Moneyclaim was never set up for claiming bank charges,it was created for simple money claims where partics supposedly would all fit within the online form.

This is one on the main benefits of submitting to open court in that you can attatch all the additional info you want along with the N1.

[Chrisp7]

Moneyclaim was never set up for claiming bank charges,it was created for simple money claims where partics supposedly would all fit within the online form.

This is one on the main benefits of submitting to open court in that you can attatch all the additional info you want along with the N1.

 

Makes sense, thanks Martin:)

[Chrisp7]

Just an update Barclays have decided to go the stalling route and are filing for 28 days. We will see if they do decide to defend!

[Chrisp7]

So I received a filing letter today:

 

1. The Particulars of Claim do not provide details of the precise charges alleged to be unlawful or the date thereof. To extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

 

.... etc etc

 

However The front page mentions that the claim has been transfered to my local county court which is fine.

 

 

the 2nd page mentions

 

IT IS ORDERED THAT:

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise**

 

Note: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

 

------

 

And then I have a "Defence and Counterclaim" form - (This is the barclays filing)

 

What am I supposed to do from here? Send a questionnaire? I am confused! (Sorry, if the process is mentioned in a guide do you have a link as in the guide I cant see anything about this).

 

Thanks again!

 

PS I have already paid Moneyclaim and sent off a schedule of charges (immediately after using moneyclaim a month back)

[dar£n]

this is a relatively new thing,

Judges are becoming wise to the fact that B's have no intention of attending, so they are skipping this process in order to speed things up.

meaning, good news for you.

on to the next stage, wait for your date.

[Chrisp7]

Good stuff! Thanks for that.

[Chrisp7]

I have a court date set fpor the 13th July - so I assume I need to sort out a court bundle, my big concern is the latest news that a Bank actually won one of these cases. What are the consequences of this? I have 2 other ongoing claims should I drop these before they get to court stage?

 

 

A rather worried claimant!

[Chrisp7]

Ok My court date is the 13th July and I havent yet sent off anything and I need to do this by the end of today/tomorrow, I cant believe I left it so late - can anyone help out?

 

I assume the photocopying of statements are only the pages of the statements where charges have been made?

 

Also regarding the specific cases, I have downloaded the Court bundle, now it advises that specific cases be added, what have people from Barclays used? And are the recent wins in court relevant to teh current case, if so does anyone have any advice countering it?

 

Also do I need to include the court notice of issue, notice of transfer of proceedings etc?

 

Many many thanks

 

Chris