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edinburgh_al v Barclays


edinburgh_al
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Ok, received my duplicate statements [2001-2003] from Barclays today which was quite surprising given I only sent off the request last weekend. Did not use the SAR but simply wrote them a letter in which I stated that I believed that there was a £10 charge for the service [which they have cashed]. Statements received are Fiche prints.

 

I had kept the original statements going back to 2003 however just noticed that I'm missing 4 or 5 which look like they might have charges. Might look into getting these on Monday or might just forget about them.

 

Anyway total amount thus far is £865. Given I'm in Scotland this puts me over the £750 small claims limit and I'm therefore considering how to proceed.

 

[1] Claim the full amount and, assuming no settlement in full is forthcoming from Barclays, go down the Scottish Summary Cause route when we reach that point.

 

[2] Limit my claim to £750 thus making it eligible for the small claims track. I am therefore potentially losing £115 + interest, say £250, if I take this route.

 

[3] Split my claim into 2 and aim to go down aim to go down small claims track when we reach that point.

 

[4] Fix up a mailing address in England and go down the MCOL route.

 

Any suggestions? Is the Summary Cause route much more complicated than the Small Claims Track? I believe the fees are much the same but that it can cost me more if I lose.

 

:?

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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I'll be following your thread with interest Al as I'm a couple of days behind you. I should get home tomorrow and my statementsshould be waiting for me.

 

I'm resolved to go either Scottish small claims if below £750 or English small claims if above (or, if there are a huge percentage of charges in the 6th year). I have an advantage though in that my dad lives in Manchester.

 

I have read alot of threads where people have taken summary cause and it seems to be fairly straight forward. If you do decide on an english court though, don't forget to get the statements for 2000.

 

Best of luck.

18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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  • 1 month later...

Okay received an offer from Barclays on 11th December 2006 for £440 against £925 in response to my initial approach for repayment.

 

Unwilling to accept this so sent of the LBA in which I also advised them that I would be willing to accept a compromise of £800. Telephoned Barclays on 29/12 to check and they advised me that they are unwilling to make any further offer.

 

Thus, looks like time for court.

 

As claim exceeds Scottish small claims limit of £750 have decided to go down Summary Cause route.

 

Have completed the form with some help form other posts on the Scottish forum.

 

http://alanhay.ndo.co.uk/charges/summary_cause_blanked.pdf

 

Statement of charges completed as below:

 

http://alanhay.ndo.co.uk/charges/barclays_charges_blanked.pdf

 

Any comments?

 

 

:-|

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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  • 2 weeks later...

Can I have this thread moved to the Scotland Forum please?

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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