RPJONES78 v BARCLAYS **WON**

[rpjones78]

Thanks Martin. I've just been reading you Barclays story, v interesting and your's is proof that it is well worth being patient! Congrats on your win.

 

Well ive just got my bundle together and will be taking it to court tomorrow. I guess it's pretty much the waiting game for the next two weeks and I need to be considering making communication with barclays beginning of April cos my date is April 20th. It's all very exciting but i'm getting more and more nervous as the days pass! I'm looking forward to starting work on my claims with other banks now too, he he!

 

Rich

[rpjones78]

Hi all!

 

I've just been taking a look at my Notice of Allocation to the Small Claims letter and it sates:

The Defendant shall. by 4pm on the 23rd March 2007 file and serve a response to the Claimant's schedule, stating in respect of each claimed:

 

1. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

 

2. Whether such charge is accepte to be a penalty, and if not, why not

So, they need to produce this by tomorrow.

 

I was just wondering whether I will be informed if they have or have not submitted the documents, or whether I should call the court to check?

 

If they have - I was thinking of calling Barclays about 2 weeks before the Court date (which is on 20th April). Does this sound about right?

 

I'd appreciate it if you could share you thoughts and comments with me.

 

Many thanks,

 

Rich

[dickeggsy]

barclays never submitted their documents on time in my case and i requested a judgement from the court . this is a copy of the letter i sent to the court.

 

 

 

Dear Sir/Madam,

 

you -v- Barclays Bank Plc

Claim No:

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge xxxxx dated xxxxxx. Please find enclosed a copy of the order to which I refer.

 

I wish to inform the court that the Defendant has not complied with the order in that it has not served upon me its evidence, or any such documents, as was specifically directed.

 

I can confirm that my documents were both filed and served to the court and the defendant pursuant to the terms of the order on xxxxxx.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, and in view of the terms of the honourable courts previous order, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

 

 

i was granted a default judgement by the court last friday and after phoning barclays they admitted defeat and paid the money into my account tuesday.

send the letter in you have nothing to lose.

[rpjones78]

Great, thanks for that - i'll use that template. And congratulations on your win!!

 

Cheers,

 

Rich

[dickeggsy]

cheers mate , no problem.

[rpjones78]

Hi!

 

I'm getting a bit nervous as the court date is on the 20th April and i've not heard anything from Barclays. I've been reading through posts and it seems they are sending letters about 10 days before hearing - I am just paranoid that I will be the one who ends up in court and looses! Is this a natural worry? Has anyone else been/are overly paranoid? I feel things are too quiet at the moment and i'm a bit scared! Maybe I should give them a call after the bank holiday?! I was so excited when I came home from work today, as there was a letter from barclays - but it was just junk mail. Gutted.com, I saw the envelope and convinced myself it was a settlement, the sods probably did it on pupose! So I guess this has gotten me in a downer about the whole situation. This is the first time im getting doubts - and I don't like the feeling ive got at the moment And it makes it worse that we get no mail til Tues. Arrrgh!

 

Sorry to go off on one!!!

 

Richx

 

Ooh - just thinking, ive read that some people have also e mailed barclays - anyone got the correct address? Is it still Chrysta who we contact?

[kippy2]

hi dont panic you will have settlement soon.

 

who is on your defence? is it krysta? the number should be on there aswell.

 

yes after the bank holiday give them a call and you will be pleasantly surprised. i had claims with barclays/barclaycard/woolwich. and phoned near my court date just to make them aware and blow the dust off my file and all settled with phonecall.

 

barclays always without a doubt take it to the wire. but very nice people to deal with in litigation. be professional and polite and you wont go wrong trust me

[rpjones78]

Thanks Kimmy, appreciate your comments! This is my worry, i've not had a 'defence bundle' from Barclays and so have had nothing from Crysta. The only name and number I have is Adrian Ruffhead and this was named on the acknowledgement of service form back in Jan. I just feel something has gone wrong - cos although I sent my bundle to my court and to barclays I havent had any response. Loads of posts are talking about Crysta, but ive had no contact. Maybe I should just ring the Adrian Ruffhead, as he has ticked the 'I intend to defen all of this claim' box - so I guess he is the defence. I wish I was a legal eagle!!!

 

Cheers

 

Rich

[dickeggsy]

but barclays haven't submitted a defence to the court so you have won.

give them a ring and explain this and they will pay out believe me.

the number is 020 7116 4753.

just quote your claim number and ask to speak to whoever is dealing with your case.

[kippy2]

but barclays haven't submitted a defence to the court so you have won.

give them a ring and explain this and they will pay out believe me.

the number is 020 7116 4753.

just quote your claim number and ask to speak to whoever is dealing with your case.

 

sorry didnt read all of thread (re no defence!). barclays dont do bundles.

 

yes phone the no as dick says. ruffhead has gone no surprise there. dropping like flies in litigation.

 

they will pay out. sounding like a parrot now

 

go for it on tuesday. the result will be satisfying

[rpjones78]

Thanks Dickeggsy and Kimmy! I think the red wine was also making my mind more paranoid last night too, ha ha!!!! Will definately call them on Tuesday - is there a guideline anywhere of what to say to them - or is it pretty much....

'Hello, I am making a claim against your organisation for bank charges, my claim number is ..... could I please speak to the person who is working on my claim.

 

Then I would go on to say that I have submitted all my court documents (sent out on such a such date) and say that they have not submitted their defence. Therefore the total claim is now ..... and this needs to be in my account by 20th April which is the court date.'

 

Do you reakon that's ok? So on Tuesday I need to have an up to date record of what they owe me right? Are they likely to ask any awkward questions to throw me do you think? Should I ask Noel Edmonds to have a chat with them first, ha ha!!!

 

Cheers guys - happy bank holiday!

 

Rich

[rpjones78]

BUMP!

 

Hi guys,

 

Could some one please just have a look at my last post regarding what I am going to say to Barclays when I am phoning them please. I am going to call them tomorrow and could do with some reassurance that I am on the the right lines when I talk to them!

 

Many thanks!

 

Rich

[sandbag]

Hi RP - When i contacted Barclays they were actually Ok with me. I ask who was dealing with my claim and told them when my court date was. I had an up to date schedule of charges to hand including the latest interest amount.

 

When they offered me a settlement figure i told them that would have to check my figures and that i would get back to them with MY settlement figure. They did not settle with me until 3 days before my court date but the agreed to all the interest and court fees without any real argument.

 

If you stick to your guns they will settle in full.

 

Hope that helps

Best wishes

Sandbag.

[rpjones78]

Many thanks Sands, much appreciated. I have just updated my charges to date - I like the angle of them giving me their figure first then me checking my maths later! My court date is a week on Friday, so I should get a settlement this time next week then, if not before - hurrah!

 

Cheers,

 

Rich

[dar£n]

My court date is a week on Friday, so I should get a settlement this time next week

Okay, Leave it til Friday and then contact Krysta @ Barclays. Ask to speak to who ever is dealing with your claim, she is VERY helpful, you will more than likely have an answer within 24hours.

But, dont forget to have the updated amount in front of you and dont back down.

Also add in, if they dont settle you will be adding costs for LOSS OF EARNINGS.

Let us know how you get on.

[Laineybelle]

Hi Rich,

 

Just got back from leave and have updated myself with your thread.

 

How are things going? I have to have my bundle in by Friday this week for 27th April, so am taking to post office today and hand delivering to Court.

 

Let us know when you get any more news. We are all behind you mate......literally for me!!!

 

Laineybelle

[rpjones78]

Hi all !

 

Nice to hear from you Lainey, thanks for your suppotive comments. I hope you managed to get your bundles delivered! It'll soon be pay up time for you then!

 

I Just tried to call Barclays legislation dept - but it went on to answerphone. So I left a message similar to:

 

Hello my name is .... and I was phoning to talk to someone regading my cliam. My claim number is ...... My court date is next Friday the 20th and I have yet to hear from you. I would be grateful if you could contact me to discuss settlement. My number is...... or you can e mail be at......

 

Hope that's ok! Yikes, too late now! If I don't hear back from them, then I will call them again towards the end of the afternoon tomorrow - so that they have 24hrs to get back to me.

 

Cheers

 

Rich

[Laineybelle]

Hi Rich,

 

Oooohhhh exciting stuff eh? Bet they are too busy to answer their phone trying to sort out who they have to pay next!!!

 

I dropped our bundles off today for the deadline tomorrow and as expected, nothing from Barclays yet. It is a big weight off your shoulders though isn't it knowing that is really the final hurdle and now it is them that has to do the rest of the work. I am going to enjoy the next week now and not worry about contact to see if they come to us. We have our figures ready. If it gets to this time next week I may decide to try ringing as well.

 

Anyway best of luck mate, you are on the home run now and enjoy it!!! The ball is well and truly in your court now and you are on your way to Game, Set & Match!!!

 

Let us know as soon as something happens.

 

Take care

Laineybelle

[rpjones78]

Cheers Lainey!

 

Well, I've just actually had a call from a guy called Tom at Barclays. He picked up the message from Crystas ansaphone! He is going to get a letter out to me as soon as he has got full details from his accounts people - and I should expect that within the next couple of days!!!! I mentioned to him that they need to include court costs in the settlement and he said they will do that!!!!! Excited now, he he!

 

Rich

[Laineybelle]

Well done Rich!!!

 

That didn't take them long to get back to you did it!!

 

Laineybelle

[rpjones78]

Evenin' all!

 

Just thinking - I am goingto get a letter from Barclays in the next couple of days, and this will be the time when I accept their offer (so long as that it matches m,y figures of course!). Well, since submitting my schedule of charges I have had about four more charges put on my account - which will be about £120. Do you think it is worth me pointing this out and suggenting that they re-pay these charges in their final settlement - as if they don't I will go through the claim process again? Hasany one done this? Just though this would be a good time?

 

Cheers,

 

Rich

[dar£n]

Rich, you can argue the amounts as not matching your figures and suggest if they dont agree to add them you could always let the judge decide.

failing that you would just start a new claim with court costs to be added so its in their interests to refund the new charges NOW!!!

[kippy2]

hi rich you can try but i doubt it you will have to start another claim for those like me and the rest of cag. on my third claim now

 

usually they will only settle for the claim in litigation. have a go though

[rpjones78]

Cheers! Either way i'm the winner, ha ha!! Ooh, probably shouldnt start getting too cocky at this stage, the gods of barclays may strike me down!!!

[dar£n]

kimmy does have a point, afterall your claim is set by charges between x and y.

but as we suggest try it, you only get if you try it on, they wont offer it will they?