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junklunacy

Junklunacy v Barclays ***SETTLED IN FULL***

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Hello everyone, this is my first post.

 

I've sent off my prelim approachment for repayment of £1,265 over the last 6 years on 3/11. They have until 17/11 before i send them another giving them a further 14 days (i feel this demonstrates my patience with them!!). Will keep you all posted of further developments. I will also start another blog for my challenge with Alliance & Leciester currently waiting for statements.

 

Junklunacy


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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OK after reading through the moneysavingexpert website (getting tough) I'm going to send a letter tomorrow to Barlcays reminding them the 14 days is up on 17/11 and i want my money giving them another 7 days to respond before I put my claim through the small claims court. I've also added interest to my claim! Lets see if this gets them stirred!


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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Barclays have until tomorrow 24/11 to acknowledge my letter for full repayment of charges with interest. Until now after 14 days and another 7days (including tomorrow) failed to repsond to my letter. What's the chances I receive a letter tomorrow. Either way if it's not full compensation I'll be straight on the MCOL website on Saturday morning.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I just have one observation to make about your claim timescale.

 

You gave them 14 days in your Prelim letter which is fine. I acknowledge that there are other institutions out there who also advise on claim procedures. The only reservation I have is that, whilst advice in this site suggests you give a further 14 days at LBA stage, reducing it to 7 days may make them throw their dummies out and plead with the Judge that they havn't had enough time to look into your claim. The 14 + 14 days hasn't been challenged by the Banks, and it's not likely to be now because it's become custom and practice in these cases.

 

For the sake of those extra 7 days, I wouldn't like to be the one they challenge as to the time scales you've allocated. I'm not saying that they are likely to get the claim struck out but if they put in a challenge, it may delay things so much, waiting for the Court to rule, that it would have been quicker to have given that extra time in the first place.

 

You make your own decision and I honestly hope you succeed.


To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I take your point of view, I was only taking a militant stance so to speak to try and speed things up. If the 28 day rule is tried and tested I'll hang off. For the sake of 7 days I'll wait until next friday 1/12 before i file a claim. That is of course if they fail to compensate me fully.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I have received a letter from Barclays with an offer of £645 no questions asked, gesture of goodwill. I will not be accepting this as the full amount is £1504 and counting. I will be getting my claim stuff together to submit after the 1/12 (28 days from initial contain for repayment).


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I acknowledged Barclays offer and declined of course. I'm in the process of getting my files together to submit my claim on MCOL. This will be done in the next couple of days.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I have just submitted my claim using MCOL. Barclays have had more than enough time to respond to my demands. On my timescales they will be deemed served on 14/12 having until 28/12 to Acknowledge and 11/01 to Defend. Wish me luck!!:)


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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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,

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I have sent copies of charges to the court. Can anyone confirm if this address is used to send info to Barclays solicitors or do they out source?

Barclays Bank Plc

Legal: Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP

 

I got this address from the Barclays contacts section.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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Barclays acknowledged my claim on 29/12/2006 a day before the deadline of 30/12/2006. MCOL now says defendant has 28 days to defend from date claim was served which was 11/12/2006. So i guess if I don't receive a defence by 8/01/2007 i should start my judgement? Of course knowing Barclays I'll receive a defence nearer the time etc which i will approach in the same manner throughout this process.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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Think that should be the 13th of January.

 

Good Luck


To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Where has the extra 5 days come from? If this is the case and I don't hear from Barclays or the Court by 13/01 then i guess i can enter judgement by default on MCOL?


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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If you had read threads here as we keep on preaching people to do, then you'd know that the law allows 5 days for the defendant to be served with the claim.


To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Not received anything from Barclays or court. Will leave until tomorrow in case any post arrives this morning before i submit judgement on MCOL.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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Just tried requesting Judgement by default, but says i should wait 28 days after claim was served which was 11/12. So plus 5 days and 28 days = 13/01. I guess i can't until a business working day (tomorrow)?


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I've tried again this morning to request judgement by default on MCOL and still says the same. Am i missing something here as I'm sure my timings are correct?


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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''The Defendant disputes the whole amount you have claimed''

I have just checked MCOL as I've yet to submit judgement by default and guess what....you guessed it Barclays sudmitted a defence 11/12/2006 so says MCOL. I should receive confirmation to where the claim has been transferred to shortly. I am very bemused as to why this only appeared now when I've attempted to submit judgement 3 times today!! It would appear that MCOL takes it time on updating their website, 3 weeks in fact!

Court here we come, can't wait!! I know some peeps on this site have contacted their banks prior to going to court. However i think i'll let Barlcays do the chasing for a bit. After all it's them and not me that doesn't want to appear in court.


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I received Barclays defence yesterday which is funny at best. It is the usual defence which i have read many times on this website..

 

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.

 

2. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit).

 

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular without limitation) the following terms and conditions (which are summarised):

a) The Defendant's right to charge a 'Paid Referral fee' where the Defendant pays an amount (either compulsion or election) which causes the amount to become overdrawn - £30 per item (previously £25).

b)The Defendants right to charge an administrative fee if any cheque,. standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c) Th Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

4. If and to the extent it is the Claimant's case that the failure to make necessary payments and/or failure to remain within authorised overdratf limits failure to arrange and authorised overdraft constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges consititute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

 

5. Accordingly, it is denied that the legal principles relating to liquidation damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges are relevant or applicable to the facts set out above. Further or aternatively it is denied that any such charges constitute unlawful penatly charges or are in breach of hte Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1 (e) of Schedule 2), or are in breach of s.4 of the Unfair (contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

 

6. Therefore, it is denied that the charges were unlawfully debited from the account.

 

7. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into Overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

 

8. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

 

9. The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforcable and consituted a breach of contact by the Defendant, those charges which were applied to the account prior to 05 December 2000 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

 

10. In the alternative, and without prejudice to the paragraph 6 above, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unabel to rely on its express entitlement to enforce the charges as set out at paragraphs 2, to 4, above, it will seek to recover to the extent necessary such loss and damage as it actuallly suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the Claimant Barclays Bank Plc.

 

I have until 3rd Feb to send off my AQ which is ready.

With regards to the 'Other Info' section I have gone down the route of including the New Strategy for AQ which i understand will put more of a squeeze on Barclays. I have ALL my paperwork ready and will not allow this to be struck out on my part :)!!

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I have just one question concerning the AQ. It says to pay the fee of £100 if claiming over £1500. I am claiming £1215 + interest + MCOL fee. Should i pay or leave?


Barclays Bank - Preliminary Approach for payment 03/11/2006

SETTLED IN FULL 05/02/2007 £1722

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/46690-junklunacy-barclays.html

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I'm not 100% sure, but I think if the charges and interest total more than £1500, then the AQ payable. The MCOL fee is certainly not taken into account. Ring your local court just to check, they are generally very helpful.

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It's up to £1500 before interest is added and, as Michael correctly pointed out, the MCOL fee is not taken into account either.


To follow my case progress, click here to see where I'm at right now.

 

Welshman

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