I'm sorry your unhappy with the charges!

[jonnytub]

Hi folks, back again.

 

We've just had our letter from barclays offering half the sum we want to claim (£2000 all in). And the date we set out for filing a claim has passed as we haven't the required funds (£120) to file a claim until the end of the month (we did have the funds set aside but a large, very large gas bill landed on the doorstep). Have I lost all hope of getting the full amount back if I file at the end of the month? Also, because it's my wife's accounts, she's worried she'll have to go to court on her own and be asked about a whole load of technical stuff she knows nothing about, is that the case or are we allowed to have prepared stuff written down, and what if the Judge(?) throws a curve ball and we're standing there gormless without an answer?

 

Phew, this whole business has just become a lot more complicated, my brains hurt, any advice?

[jonnytub]

Anyone?

[Michael Browne]

1. Makes no difference, you can file this week, next week or next month.

 

2. Barclays, to date, have never set foot in court.

[jonnytub]

Excellent, I feel much better.

[jonnytub]

Hi everyone,

 

Well, it's the end of the month, wages have been paid and I'm ready to file via the HMCS money claim online website. I've got to the particulars of claim part and come unstuck, I imagine you helpful people have provided us laymen types with a ready made one? If it exists could you point me to it please?

[jonnytub]

Found it!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Michael Browne]

Found it!

 

4. Particulars of claim - N1 - hard copy version

 

Look again that's for filing with N1. MCOL POC's are briefer.

[jonnytub]

Oh, ok, is this it? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[Michael Browne]

Yep.

[jonnytub]

Thanks Michael.

 

I wonder if you could take a quick look at mine please http://img402.imageshack.us/img402/4835/mcolbf8.jpg

 

Also, the MCOL website asks just under the Particulars of claim form if A) Does or will your claim include any issues under the Human Rights Act 1998? and B) Do you want to reserve the right to claim interest? (I presume A) is no and B) is yes)?

[Michael Browne]

1. Human rights no

2. Interest yes

 

Daily rate is just charges x 0.00022= £0.42p

 

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

[jonnytub]

Excellent Michael, thank you very much.

 

Getting close now for judgement day.

[jonnytub]

R.E. Notice of Acknowledgement

 

Will this arrive by post or email?

[Michael Browne]

Post

[jonnytub]

Thanks Michael.

 

Another thing, now that the claim has been issued i.e. today, Barclays now have 14 days to respond, it's my understanding that they have two choices, they can defend or fold, is that correct? What happens if they defend? Also, how long should this all take from now this point forwards, guestimate?

[Michael Browne]

Claim issued Dec 4. Deemed Served Dec 9th, Acknowledge by Dec 23rd Defence by Jan 6th

[In debted]

Hi Welshman, If you hover over the bottom right hand corner an expand icon appears, just click on it...

[jonnytub]

Me again.

 

Is the Notice of Acknowledgement the same as a Notice of Issue?

 

I'm asking because I got the Notice of Issue today so I'm guessing I should be sending copy's to Barclays (Churchill Place address)?

 

P.S. Michael Browne, how did you get those dates spot on?

[Michael Browne]

Is the Notice of Acknowledgement the same as a Notice of Issue

?

No. Notice of Issue is when your claim is...er, issued.

Notice of Acknowledgement is when the bank...er, acknowledges your claim

 

 

I'm asking because I got the Notice of Issue today so I'm guessing I should be sending copy's to Barclays (Churchill Place address)?

Litigation Team,

Level 29,

Churchill Place

P.S. Michael Browne, how did you get those dates spot on?

Wild stab in the dark!

[jonnytub]

Lol, do I detect a hint of sarcasim

 

Thank you.

[jonnytub]

P.S. You'll have to forgive my ignorance, I work 54 hours a week so finding time to read other threads is difficult, I'm currently halfway through Welshman's case, it's a great read.

[jonnytub]

Claim was acknowledged today the 18th according to MCOL, so I guess I'll be getting the written acknowledgement through the post very soon, which if I'm not mistaken is also when I send Barclays a copy of the schedule of charges, does that all sound about right?

[Michael Browne]

Correct.

[jonnytub]

Thanks again Michael, you are a true credit to this forum.

 

And without wishing to sound like a crawler I'd like to contribute to this site for the extreme patience you have so far displayed to me, I'm grateful and will certainly donate 3% of my final award if succesful but in the meantime I'd like to contribute a small amount for the help offered so far, how do I do this?

[jonnytub]

P.S. 3% of my claim = around £75 (thought I'd mention it as 3% sounds mean, at least to me)

 

Total claim around £2500