Basilbusk v Barclays

[basilbusk]

Hi everyone

what a great website and i'm so glad my husband heard all about this on the radio in Oct.

 

I'm claiming the last 6 years of charges from Barclays.

Sent my 1st letter and received a response saying they will reply no later than 15 Dec 06, which is of course after the expiry of my 14 days.

 

Having read all your various threads, etc. I will send the next letter as soon as my 14 day expires.

 

Will keep you update though on my progress. Must admit i'm nervous about filling in the court docs and going to court, but I'm bouyed up by all your positive responses.

[Spotted Dog]

I think most of us are nervous at first. But further on you become determined to get your money money back and enjoy the prospect of taking on the big Barclays bully boys.

 

Spotty

[basilbusk]

Thanks for your support Spotted Dog.

 

My next 14 days is up on the 13 December, at which stage I have to commence Court Proceedings, which I'm a little nervous about. I've just been re-reading my information and it says to the Money Saving Expert site to fill in the form.

 

Has everyone used this form and does it work?

 

Thanks

Basilbusk

[Spotted Dog]

I don't know about the Money saving Expert form.

Look in the templates on this site and you will find what you need for the online MCOL or the paper N1 forms.

 

Spotty

[basilbusk]

Hello everyone

 

I got two letters from Barclays the day before my 14 day deadline on Court Action. Guess what - both saying they don't think I have a claim and then asking me to accept £600 as compensation - admission of guilt!

 

Next step, Court action - gosh, never thought I'd get this far with them, but wish me luck and I'll keep everyone informed. I might need some help / advice on the form, but will let you know how I get on.

 

Thanks

BasilBusk:)

[basilbusk]

Hello

 

Tried to do my court document on line last night - a mare! It kept telling me that I was over the 1080 words, so I took quite a bit out and it still wouldn't let me continue. Point is, if I take any more out, its not going to read like I know what I'm doing, etc.

 

Anyone else had problems and what did you do?

 

Also, if I filled in the N1 form and took it to the Court myself, could I pay my fee there and get it stamped up and official? and then send to the bank, etc?

 

Thanks

Basilbusk

[allan1983]

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

..

.

.************************* ***********************

 

 

************************* ***********************

 

 

Notes on completing this section.....

 

All parts in red must be changed to your own details, i.e.;

 

...account 1234567 - this is the account number to which your claim relates

 

...opened May 2000 - Put the date the account was opened. If you are unsure of the specific date then you can just put the year, for instance

 

... Since 01/02/03 - the date from when your charges begin (or the date of the first charge that you are claiming for if different

 

...return of the amounts debited of £XXXX; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.

 

...S.69 County Courts Act of 8% - £xxx - This is the total of the 8% interest calculated by the spreadsheets on our site. Enter the total at the date of the court claim.

 

...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

For example,

£1,429 in charges

£27.40 in overdraft interest

Total £1,456.40

1466.58 x 0.00022 = 0.32 - This would therefor be £0.32p on a daily basis.

Please ensure you do your own calculation based on your totals

 

Finally, the section in blue [enter interest total at date of claim] is for guidance only and should NOT be included in the text of your claim.

 

No credit to me here, its Jonni2bad's template.

 

This worked for me. Hope it helps:)

[basilbusk]

Thanks very much for the responses.

 

Just got back from Leeds County Court, having filed my N1 forms - what a great feeling - we need to keep telling everyone we can about claiming charges back from Banks - there are still many people out there who don't know about it and this great website.

 

Basilbusk.