Trollsicles V Barclays Bank

[Welshman]

OK. What you should do on Monday is contact MCOL. I've added the contact details below. Just say that you wish to amend your claim downwards there shouldn't really be a problem as the totals then go slightly against you.

 

They may well say that you could amend at AQ stage or to send an amendment letter. they may even say that it will cost you £35 as your claim is already filed. Just do whatever they say. The contact details are:

 

Contact Information - Money Claim Online Customer Help Desk

Phone

If you are having difficulty registering, completing or requesting any application, or viewing any of your records online, please telephone the Money Claim Online Customer Help Desk (with your Claim reference number ready to quote) on:

 

Tel : 0845-601 5935

Fax: 0845-601 5889

Letter or E-mail

If you prefer to write or e-mail your query instead, please contact:

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

E-mail: [email protected]

 

 

Good Luck and please report back with their instructions - Thanks

[Trollsicles]

Thats brilliant, thanks again Welshman... I may be being picky with things now but I have just entered the details onto the calculator for working out interest and days since offence on this website, and the figures are different to those I got from the spreadsheet that I actually filled in and completed on one of Vampiress's spreadsheets...Does that mean that all my calculations are wrong? The difference is £1.19 on the earliest charge (the CAG calculator is £1.19 less than the google one), so which is right?

Do I need to do an entire new spreadsheet now with the lower figures and amend the entire thing then send it to MCOL?

[livelylad]

As for the judgement page, can I just check that I don't need to tick either box yet until I see what Barclays response is, ie. if they file a defence (as it's with regards to how I would like to be paid! and I haven't won yet)

 

 

That is correct, it wont let you submit anyway until the time limit for Ackowledgement or Defence is up.

[Trollsicles]

Thanks Livelylad, do you have any suggestions to my question in post #27 please?

[livelylad]

Go with Vamps spreadsheet she has done agreat job with them. Use her spreadsheet to work out your daily rate.

[Falcom]

I am still running a only couple of days behind you! I have been away on business and only returned today. I had a letter making me a partial offer in full and final settlement waiting for me behind the door when I returned obviously I will not be accepting it. Did you write to Barclays to reject your offer of just ignore it?

 

Aiming to complete the MCOL forms tomorrow but looking at your latests series of posts I will check my spreadsheet carefully and compare it against the one I have. If I am unsure it is correct I will probably re-do it using Vamps spreadsheets.

[Trollsicles]

I am posting the letter to Barclays tomorrow rejecting their offer of less than half what Im claiming for! I'm making sure I post everything recorded post now so there is no comeback...

Going to e-mail MCOL this evening about the change I need to make to my claim and see what they say I need to do.. Can't believe I made a silly mistake but hopefully it'll be easy enough to correct!

Keep us updated with how you are getting along too Peter, I'm glad someone is running along at the same stages as me!

Trollsicles xx

[Falcom]

Hi Trollsicles - sorry i have not been about - I am happy I have my figures sorted and I have a letter from Welshman (thanks again!) that I can use to acknowledge partial offer made by Barclays. I did not get a chance to do the MCOL forms today but will be on the case Monday afternoon. I am at home for the next month so can access the web more easily so if you want any help support dont hesitate to contact. Looks like I am going to be helping my brother start a claim against Natwest!!!! I am sure this site is addictive!

 

Peter

[Trollsicles]

Ok, todays update....

Had an email reply from MCOL saying

 

You may make application on N244 form to amend the particulars of claim and by drawing up a new claim form and showing the amendments in red for reserving. There is a fee to amend -£35.00 (not recoverable)-cheque or postal order made payable to HMCS.

Send your application and fee to...

County Court Bulk Centre (CCBC)

4th floor, St Katharine's House,

21-27 St Katharine's Street, 2

Northampton

Northamptonshire

NN1 2LH

However, they did not say where to get this N244 from, so if anyone has the answer, I'd be very grateful!!

[Falcom]

Hi Think I found the form you need

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html?highlight=N244+Form#post331080

[Trollsicles]

You star, thanks Falcom...Will get cracking on that this morning

[Flor]

Hi Trollsicles,

 

How are you getting on with your claim?

 

Barclays have now acknowledged my claim which buys them another 14 days. I'm not quite sure what happens in this time -or what I should be doing!! Better read up on it all...

 

I've lost a bit of focus lately as my daughter is due to have her baby boy anytime now!! She's due on the 23rd Dec...

 

All the best,

Flor

[Trollsicles]

Hi Flor,

I'm at a standstill with the claim at the moment. Since I made the mistake on the particulars of claim, and have submitted my forms to amend this, they told me it could take up to a month until the judge reviews the application. So I will call them just before Christmas to see if there is any more news...

 

I must say I have already been looking through the notes on the allocation questionnaire and the court bundle, (which seem to be the next hurdles and which I have already printed off and got my folders all organised!) so that I am fully prepared when anything does happen...I think with Christmas everything will be slowing down a bit now and to be honest I'm not expecting to hear anything till the new year...Oh well, 8% being added daily is better in my pocket than theirs!!

 

You must be very excited awaiting the new arrival too.. I became Auntie Trollsicles on the 5th as my brother became a Daddy to little Libby. She's gorgeous.

Keep us updated with your case and whenever I hear anything, I'll do the same.

 

Merry Christmas

 

Trollsicles xx

[Flor]

Hi Trollsicles,

 

Happy New Year!!! Hope you and family had a lovely Christmas.

 

Well, I am now a grandmother!!! My daughter had her baby on Boxing Day -a beautiful baby boy that made his mum work extra hard to arrive into this world but he was worth every minute!

 

Anyway, back to the claim...I am trying to get to grips with everything as Barclays will be defending:

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

All a bit scary but I just need to feel feisty again and start preparing for the battle!

Hope all is well. All the best,

Flor x

[Trollsicles]

Happy New Year Flor and to everyone else on the site!

Congratulations on becoming a grandmother, what a busy time it must have been for you all..

 

Well I haven't posted for a couple of weeks what with Christmas and everything but I have just called MCOL to see what's going on with my claim and they just told me that the judge hasn't got back to them yet with instructions on what to do. Probably down to the busy Christmas period so they said I won't see what to do online anymore either, but it will probably get re'served and start again.

Have to admit that since the big pause on this claim I have lost some of my flare, but it'll come back when Barclays start their silly tricks and defend etc..

As soon as I get any info I'll post again.

Enjoy your grandson!

Trollsicles xx

[Flor]

Hi Trollsicles,

 

Thanks! having a grandchild is pretty overwhelming!

 

Re the charges, my claim is no longer being dealt at Northampton and has now been moved locally. Need to get my head in gear (know what you mean about the lost flare!) and prepare as the allocation questionnaire arrived today.

 

No doubt I'll be asking more questions -will post these on my thread.

 

All the best,

Flor

[Trollsicles]

Well, I'm no further forward. I called MCOL again on Monday and they said they still haven't got any more information for me. Told me to try again at the end of next week, as that will be 8 weeks, which is the longest it should take!

[Trollsicles]

Right, I finally have news!!

Letter arrived this morning from MCOL saying my amendments have been accepted and I now need to reserve the claim to Barclays. The pack included the Claim Form and 3 forms for Barclays to complete.

Also included with the letter was a form to fill in called a 'certificate of service' to send back to MCOL saying when the claim has been reserved.

I'm going to post the forms off special delivery tomorrow so that no more delays happen (I hope).

[Falcom]

Happy New Year

 

Good to have you back up and running - I had wondered what was going on.

 

I have submitted AQ and received direction from court and submitted bundle - just waiting for Barclays to submit as per directions (which they or may not do!).

 

Good Luck

 

Peter

[Trollsicles]

Hi Peter,

Yes, it's nice to be back up and running and in the swing of things again.

 

The latest now is that I have posted the new 'sealed' claim to Barclays, it's been delivered (I sent it special delivery so there's no getting away from it!) so they have until 13th February to defend.

Also sent the certificate of service back to MCOL (that just confirms that the claim was sent off and what date it will take effect from) so now it's just another waiting game..

I did call MCOL to see what happens from here and they told me that I will probably get the AQ sent out next so I'm swotting up on those details so I'm prepared.

Have you had any contact from Barclays yet to make you an offer before it gets to court?

Hopefully we are nearly there now...(Fingers Crossed!!)

Keep us posted

 

Trollsicles xx

[Trollsicles]

Well, as it's my day off and I'm full of a cold, I decided to get back up to scratch with the info on this website...

I am now expecting Barclays to defend and am therefore waiting for the allocation questionnaire to land on the doorstep. I have been reading up on how to fill that in and it's all sinking in so far except the part in section G.

 

As my claim is for roughly £700 now (charges, interest and court fees), am I right in thinking that I do NOT pay a fee with this AQ?

 

The main question I have though is that on Jonni2bad's guide to completing the AQ, there is a section to add saying why the claim should be handled by the small claims court...Is this only to be added if the claim is for over £5000 or will I still be advised to write something along these lines in section G?

 

"I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

 

if I do not put that section in, is there something else I should put in, other than that the case should not exceed 1 hour?

Thanks for any help in advance

 

Trollsicles xx

 

 

 

[CrispDust]

Correct there is no fee payable for the AQ with this level of claim

I would include the small claims track request. At least then you have made your point. Unlikely to go to fast track at that level, but it could go to Mercantile.

[Trollsicles]

Thank you CrispDust.

Just to update aswell the defence landed on the doorstep yesterday, (very quick from Barclays it was too) along with the AQ. I havent read the details yet as I am away with work and my other half opened the mail, but it seems to be following the typical route.

Apparently I have till the 20th Feb to complete the AQ...It will be done tomorrow as soon as I get home!

[Trollsicles]

Right, I've just got home and am reading through all the stuff sent from Northampton.

A Mr Adrian Ruffhead is dealing with the case. What a funny name, I guess by the time he has finished with us lot on here he will have a ruff head though!

The defence looks the same as most other people's thankfully.

The AQ is the N149 form and has to be returned to Uxbridge County Court no later than the 20th February...I may even hand deliver it once I've filled in section G. No fee to be paid (thanks CrispDust), but I'd just like to confirm two things before it is submitted.

 

1. Is this ok?

 

"I am respectfully requesting my claim be heard via the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the defendant in respect of its customer’s contractual breaches exceed or even reflect their actual costs incurred.

I am happy to pay their actual costs and I am surprised the defendant did not counterclaim for these, as I would have paid them without argument.

However, the continuing problem is (in common with the hundreds of other cases currently being brought by other bank customers) that the banks are refusing to reveal the details of their penalty-charging regime, and that the charges they apply to accounts for exceeding overdraft limits and so on are entirely disproportionate to the actual costs the banks incur.

As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocations to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

I am attaching a schedule of charges with this Allocation Questionnaire to show a breakdown of the amounts claimed for the courts persual.

I believe the case will take no longer than 1 hour."

 

 

2. Last question now - when I attach the schedule of charges, do I need to update it to the day I submit the form or just put the one I first submitted (that will be from November 20th?)

 

[Trollsicles]

Can anyone help on the above questions please?!

Just thought I'd mention that I am using the old AQ process as I don't want to make any more sloppy mistakes with using the new version.

 

I have been reading in detail the defence Barclays sent and it really did tickle me to see that one minute I was referred to as a 'her' and then, as if by magic, they referred to me as a 'him'. Well obviously it is a mystery, seeing as they have ALL my details on file..

I dread to think what they will be like in court, if they can't even get the gender right in their defence!! ha ha.

 

I do have another question aswell to address...They have said in section 9 that any claim prior to November 9th 2000 should be written off as it is outside the 6 year time span...Will this matter even though I started the claim ages ago?