Fizzer Vs. Barclays

[Fizzer]

It's a bit late in the day for my first post but I thought I'd make a start now, this forum has been very useful!

 

My SAR, initial approach and LBA have all gone off. Barclays have offered me £700 to settle which I've rejected.

 

Now I've done the MCOL thing which was issued on the 13th Nov, just sitting tight and waiting for some action from Barclays (or inaction!!!)

 

I have one question though, now my claim is in, is there anything I should be doing or watching out for now? Obviously I'm going to keep an eye on my claim status, am I right in thinking that if Barclays don't respond I only need to wait until the 27th before approaching the court for a settlement?

 

Cheers for your help!

 

Fizzer

[Welshman]

Hi Fizzer and welcome.

 

They have 19 days from the date you filed at MCOL to acknowledge (which they'll leave to the last minute) then a further 14 days to defend.

 

You should now be looking at preparing your Court bundle which you can find in a zipped form here.

[Fizzer]

Welshman, thanks for the reply, I'm compiling my bundle now

 

Should I have sent my schedule of charges to the court and also to Barclays since I file the mcol?

[Welshman]

Yes. You now need to produce a schedule that includes the 8% interest and you should send one copy to MCOL by post, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

Just in case you're not sure, the addresses you need to send them to are:

For Barclays:

Barclays Bank PLC

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

And for MCOL it’s

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

 

Hope this helps you.

[Fizzer]

Thanks Welshamn, I'll do that today.

 

Fizzer

[Fizzer]

OK, just looking at writing this letter and I'm completely out of inspiration, is there a template somewhere I can use to help out?

 

Andy

[Michael Browne]

Here's one for MCOL, amend it for Barclays:

 

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 Faithfully

[Fizzer]

Legend, thankyou.

[Fizzer]

letters have now gone, fingers crossed for an early settlement...

[Fizzer]

ho hum, Barclays have acknowledged my claim.

[Fizzer]

I have a court date, it's mid April. Is it worth contacting Barclays now to see if they will settle or is it too early?

 

Fizzer

[Welshman]

No, my advice, it's far too early. But at the end of the day, it's your call.

[Fizzer]

OK, I'll hold off for a bit then. how many weeks before the court date do they normally cave in?

 

(not that I'm getting impatient or anything)

[Welshman]

OK, I'll hold off for a bit then. how many weeks before the court date do they normally cave in?

 

(not that I'm getting impatient or anything) I never would have guessed

 

They'll make contact when they're ready.

 

They'll very probably make contact by letter but occasionally by phone. They will already have your address, but if they don't have your 'phone number, maybe a last letter to invite them to settle, which includes your phone number would be good. This will look good in the Courts' eyes as they will see that YOU, at least, were still trying to settle before Court, in an effort to relive the Court of at least one case.

[Fizzer]

My court bundles are in the post now, one to barclays and another to the court. I've sent a seperate letter to Barclays asking to settle out of court to save our (and the courts) time and included a copy of the letter in the court bundle.

 

I don't want the court to think I'm not willing to settle.

 

I have another question, when it comes to settlement time, can I claim for the time I've spent sorting all of this out? If so, what's a good hourly rate to ask for? I know I could get £30 an hour doing IT support, could I charge that? I've spent ages getting all the paperwork together and doing research.