twinkle v Barclays ***SETTLED IN FULL***

[twinkle]

Hi

My story so far is that my first letter went out to Barclays on the 1st April. I received the standard reply with a leaflet and a date of 6th May before any decisions would be made. My second letter went out on 14th April but I am a little nervous about how far they tend to go. Need some clarifying about my next step please. I will do this!

[Guest Lueeze]

Have you read the FAQ's?

 

It says that after the LBA give them 14 days then claim in court for the return of unlawful fee's....

 

Unfortunatly you will most likely need to put in a court claim before they will pay up...

 

Just be brave!

[Bookworm]

Welcome.

 

If your 2nd letter gave them 14 days, you have to wait it out.

 

Then you sue.

Well, unless they pay up first, of course, lol. That would just be mean otherwise.

 

Seriously. Stick to your deadline, not theirs. They will lead you all round the houses otherwises.

 

They might make a 1/2 price offer, Barclays seem to do that. It's up to you how you proceed from there. (Me, I'm a 100% kind of girl but that's just me, lol).

 

Keep us posted. Yes, you WILL do this. Read my signature, and learn as a mantra.

[twinkle]

Thanks for the advice and support! Onward and upward!

[twinkle]

Still waiting for reply from 2nd letter but it is early days. Just a query. In case I get their backs up too much is it worth opening another account somewhere? Has anyone had to do this? Thanks in advance

[Bovvered]

Still waiting for reply from 2nd letter but it is early days. Just a query. In case I get their backs up too much is it worth opening another account somewhere? Has anyone had to do this? Thanks in advance

Always a good idea to set up a parachute just in case

[coalfire]

As people keep telling me don't be scared. The worst they can do is loose you as a customer by shutting your account and thats how stupid they can be in the end you win as they don't get any more of your hard earned money.

[twinkle]

The next step for me is to file a claim. Do I need to calculate the 8% at this point and add it to my claim? Also (sorry for being a bit dumb!) do I make the claim through the Moneyclaim website? I want to make sure I get it right. Cheers

[kaznelson]

Yes work out your interest on the Excel Spreadsheet on the site

 

Add this to you claim & submit on the Moneyclaim site

[twinkle]

I'm a bit confused. I have sent my second letter via recorded delivery but have received no further reply from Barclays. Maybe I should bear in mind I hit two bank holiday (ha ha!) weekends in that time. Do I give them another couple of days and then file for claim or do I carry on regardless. I getting worried that I might be the one who loses. Any advice welcomed.

[alanfromderby]

Keep going - they have had lots of working days as well. It's not like it takes more than a few minutes to push a few buttons and give you your money back.

[dave]

I getting worried that I might be the one who loses. Any advice welcomed.

 

Well, for one thing - you must believe that what you are doing is right, therefore, a judge should follow the same.

 

It's already been indicated by a judge in a 'set-aside' hearing that the bank would lose.

 

Also, even, in the very unlikely event that you would lose, you are still only be liable for the costs that you've incurred already - unless you do something drastic, which is not very likely to jeopadise the court/case.

 

I imagine that if you are claiming for charges, that the bank would have taken more than the court costs from you in charges, probably in one hit - certainly for me the costs were less than Abbey were taking from me each month, so I had to weigh up the pros and cons.

[twinkle]

Just a quick note to say that I filed a claim via moneyclaim on 5th May. I shall keep you posted with events

[twinkle]

Received a letter from Barclays stating that they are going to defend (now there's a surprise!) Has anyone won against them yet, I can't seem to find anything? Or are they just taking the long way out?

[Bookworm]

Search for posts by user slimliz30. I think it was a Woolwich case, which is own by barclays. 1k refunded.

[twinkle]

Just thought I would keep you updated. Received a letter stating that my claim has been moved to my local court and enclosed a allocation questionaire form to be returned by the 2nd July with a court fee. Their defence seems to be the same as some previous posts and does go on a bit!

 

There are a few questions if someone could help me with; do I add the further court fee to my overall claim? Is it worth waiting until nearer the date to send the form in, as I may get a call (I hope!) with the full amount or do I try and contact Mr Jeremiah himself and see what he has to offer as some people seemed to benefited from this action?

 

All help gratefully received. Thank you in advance!

[alanfromderby]

In all likelihood they are waiting to see if you return the court allocation form BEFORE they will start making offers.

[alanfromderby]

....and you don't need to add anything to your claim, the extra fee will be automatically added to the claim by the court. Just make sure that the bank pays the full amount, including this extra fee, in any settlement.

[twinkle]

Just another quick update. I returned my AQ on Friday with my fee. Now time to wait again. I'm hoping to get some reply from Barclays once they see I serious. Fingers crossed!

 

Just in case what should I be thinking about doing in the mean time? Any advice?

[Matt925b]

Start thinking of what you are going to spend your money on!

 

Life is good!

[Mrgreengenes]

Hi Twinkle, my claim went in at 15:55 on Friday 30th Jun (5 minutes before the court closed).

You are slightly ahead of me.

 

 

Don't let the fatherless chillen get ya!

[twinkle]

Hi Twinkle, my claim went in at 15:55 on Friday 30th Jun (5 minutes before the court closed).

You are slightly ahead of me.

 

 

Don't let the fatherless chillen get ya!

 

It's good to see someone at the same stage as me. Will have to compare notes as we go along!

 

I don't want to think of the money yet. Not until I have it in my hands!

[twinkle]

It's been a while since I last posted but here's another update.

 

Since returning my AQ I heard nothing for weeks then received a letter on the 7th August saying that my case, as a result of an order was being transferred to Cardiff County Court ( from my local court).

 

Have now received a letter yesterday, stating

 

BEFORE HIS HONOUR JUDGE G HINKINBOTTOM

 

Upon reading the Allocation Questionaires and file

 

IT IS ORDERED THAT

 

1. This claimgiving rise to important legal issues of general importance, it is allocated to the Multi-Track and transferred to Cardiff County Court for case management.

 

2. By 4pm on 1 September 2006, each party shall serve and file propsed directions through to trial. Unless either party requests a hearing, the court will then give directions through to trial without a hearing.

 

3. All matters relating to this case shall be reserved to the Designated Circuit Judge, unless expressly released by him.

 

4. Any party may apply tp set aside vary or stay this order pursuant to CPR Rule 3.3 (5) & (6).

 

 

 

Has anyone else had a letter like this? Could really do with some advice and help on what I am to supply the judge at this point. Getting a bit worried now!

 

Thank you in advance.

[CrispDust]

I'm sorry I can't help you on this one Twinkle - hopeful a mod orsomebody in the know will get back to you. Have you PM'd a mod?

[alanfromderby]

My initial gut feeling is that you will now receive a very fast settlement, however I would suggest that you need to go through your claim thoroughly, and read through the information again in the FAQ's to ensure that you fully understand the legal arguments.

 

In the meantime I will alert admin to your case.