Shinobi Vs Barclays

[shinobi jones]

Hi Guys,

 

Been lurking and learning for a little while now but am about to get started on my claim. I have all my statements going way back so I'm one step forward than most people I think, but I have a couple of issues I'd like a little help on.

 

I have read a number of threads and checked the FAQ's but can't pin down an answer on a few things, opinions & personal experiences would be welcome!

 

1) Are Barclays likely to close my account? I have another account elsewhere already but it would really screw me up if they did close it.

 

2) I'm in and out of overdraft but I don't think they'd default me on it, my account used to be rubbish but is looked after a lot better now, and soon to be in reciept of a bit of boost I hope!! Anyone think they might default my overdraft as some others have?

 

3) I have a loan with Barclays too which I'm servicing without any trouble, could they call that in? That would completely screw me up financially and I fear I would have to drop the case if they threatened that.

 

I'm not afraid to take on Barclays having read the other success stories however I really don't want to move my account or have to repay the loan (which I couldn't do anyway!) I guess I just want to have a good look before I leap.

 

Thanks in advance

Shinobi

[lovejoy]

Hi Guys,

 

Been lurking and learning for a little while now but am about to get started on my claim. I have all my statements going way back so I'm one step forward than most people I think, but I have a couple of issues I'd like a little help on.

 

I have read a number of threads and checked the FAQ's but can't pin down an answer on a few things, opinions & personal experiences would be welcome!

 

1) Are Barclays likely to close my account? I have another account elsewhere already but it would really screw me up if they did close it.

 

2) I'm in and out of overdraft but I don't think they'd default me on it, my account used to be rubbish but is looked after a lot better now, and soon to be in reciept of a bit of boost I hope!! Anyone think they might default my overdraft as some others have?

 

3) I have a loan with Barclays too which I'm servicing without any trouble, could they call that in? That would completely screw me up financially and I fear I would have to drop the case if they threatened that.

 

I'm not afraid to take on Barclays having read the other success stories however I really don't want to move my account or have to repay the loan (which I couldn't do anyway!) I guess I just want to have a good look before I leap.

 

Thanks in advance

Shinobi

 

Hi Shinobi,

Whether Barclays choose to close your accounts is really up to them, in some cases they have and other they haven't. I really would look at getting another up and running before you go too far.

 

With regard to point 3, I'm sure that the loan is a totally separate entity to your bank account and therefore won't be affected by any other dealing you are having with Barclays.

 

Most of all, don't be scared. Banks do not want to go to court for fear of having to justify there over inflated penalty charges. Being a newbie myself I can only speak from advice I have received and not from experience, but I'm sure others will come on here and be able to help better than I can.

[shinobi jones]

BUMP for some more opinions.

 

Thanks Lovejoy but could do with some more.

[Thailand]

1. Extremely unlikely, but never say never (on first claim)

2. This wil be down to your personal circumstances, but officially whilst your account is in dispute they should not action this. You may want to enter into a small repayment plan if they get funny about it.

3. The loan is seperate to your account.

 

JMHO

[shinobi jones]

Me again, finally got my arse in gear (in work and nothing better to do! ) and have done my schedule of charges and letter to Barclays asking if they'd kindly refund all they've taken from me!!

 

Going off today, not sure whether 14 days should be working days or not, whether I should let them have some lee way for new year ?

 

 

Any road my claim amount is currently £2,751.84 although this will no doubt go up as they ignore me, get 8% added and end up owing me around £3,300, nice!!

 

Thats all, hope you all had a good Christmas, here's to a profitable new year!!

[Thailand]

14 calander days - Christmas or no Christmas.

 

Here's raising a glass to your financial wellbeing in '07:D

[Welshman]

Me again, finally got my arse in gear (in work and nothing better to do! ) and have done my schedule of charges and letter to Barclays asking if they'd kindly refund all they've ****** from me!!

 

Going off today, not sure whether 14 days should be working days or not, whether I should let them have some lee way for new year ?

 

 

Any road my claim amount is currently £2,751.84 although this will no doubt go up as they ignore me, get 8% added and end up owing me around £3,300, nice!!

 

Thats all, hope you all had a good Christmas, here's to a profitable new year!!

 

Can you please edit your original post and avoid any words which are in any way defamatory. I've asterisked the offending word in the pasted copy of your post.

[shinobi jones]

Sorry Welshman, must keep temper under control ;-)

 

Thanks

[Welshman]

Sorry Welshman, must keep temper under control ;-)

 

Thanks

 

Not a problem, good luck with your claim.

 

When's your next appointment with the anger therapist?

[shinobi jones]

Haven't been on here for a while, I hope everyone had a profitable christmas!

 

I received an acknowledgement of my complaint on 4th January and then a swift offer of £1,000 compensation (just the £1,751.84 short!) on 8th January all prior to the original 14 day deadline.

 

I then gave them the rest of the fourteen days before sending my Letter before Action cobbled together with the rejection of settlement letter to Gaynor Mills in Swansea.

 

So now they have until the end of the month before the claim gets submitted!

 

Just a couple of q's:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date?

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

Thanks all

[shinobi jones]

Shameless bump for assistance:D

[shinobi jones]

Just had a call from Barclays with an increased offer of £1,500, told them to put it in writing and asked them whether or not they would consider offering the full amount as I was confident i would win my claim through the courts.

 

They aren't going to back down that easily though so i shall reject the offer, hold them to the timescale from my LBA and make my claim on 1st Feb

 

In the meantime though could someone help with my questions from a couple of posts up:confused:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date?

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

Thanks as always

 

Shinobi

[Welshman]

Just a couple of q's:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date? Yes, you can amend your claim for free up until you file at court. After filing, you'll need to amend your claim and pay a non-refundable £35.

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

When you file, they then have a total of 33 days to defend (and they'll use up all that time). You, and they will then receive an AQ to return to your local Court, that's another 14 days at least. Then you'll have to wait for the Judge to look at the case and set a date. In my case, that took around two weeks.

 

Thanks all

 

Hope that helps

[shinobi jones]

Haven't posted on my thread for a while so I suppose its time I updated it:

 

My claim has gone through for a total of £4664.50, this was acknowledged earlier on in March and Barclays had until 31/03/2007 to defend. I logged on to MCOL this morning in eager anticipation that I could request judgement and there it was (or wasn't) no defence had been submitted and the button to request judgement was ready for the pressing!

 

I took a moment to think about what needed to be done next and by this time MCOL had logged me out. When I logged back in the screen had refreshed and showed that they had logged a defence on 26/03/2007:evil:

 

So I am now waiting for the court date which I hope will be sent soon.

 

***One question though:***

 

I am off on my hols from 24/04/2007 to 08/05/2007, if the court date or a relevant deadline falls in this period will I be able to ask them to move it? I'd hate to fall at the final hurdle because I'm off sunning myself!

 

Thanks as ever!

[Bookworm]

Well, that's what the AQ is for, so you can ask the court not to schedule during those dates, but we've recently seen some courts dispensing with the AQ in the knowledge that matters will not end up in court.

 

Having said that, I doubt very much you'd get a court date within 4 weeks! If you did, you must be in the only area in the UK where there is no-one else reclaiming their charges!!! For example, mine were filed in on June 5th and I got a court date for November 2nd.

 

Odds are that if your court sends out an AQ, you won't get it until about 1 week's time earliest. You then have 14 days to return it, same with the other side. To be on the safe side, you can then state your holiday period, but there's no way I can see that you'd get a court date during your hols. If I were you, I'd be more worried about the AQ arriving just after you leave for your holiday. Is there someone picking up your post while you're away? It might be wise to organise this just in case. ;-)

[shinobi jones]

Hi Folks,

 

Anyone point me in the right direction of what I will need for my trial bundle? I know Barclays are trying to put a stay on the cases but I need to be ready soon.

 

Any help much appreciated as ever!

 

Shinobi

[shinobi jones]

I know this isn't my main thread (sorry) but I desperately need help with my bundle, it needs to go off asap.

It currently looks like this:

Correspondence

Statement of Evidence

Bank Statements

Schedule of Charges

Relevant Case Law (from basic bundle)

Early Day Motion (from basic bundle)

Dunlop

UTCCR

UCTA

SOGA

Barclays Terms and Conditions

Peter McNamara Transcript

Australian Default Charge Report

BBC Commission Conclusion

There are a number of things which I can't find but are mentioned in someone else’s bundle, I've downloaded Bookworms bundle and they aren't mentioned, should I enclose them and where can I find them?:

Provisional Findings in Northern Ireland Personal Banking

Witness Statement – I can only see one for Abbey, do I need to adapt this?

Also in Bookworms bundle the OFT report summary relates to Credit Cards, is this the right one to be using for Bank Charges? If not I can't find the right one!!

Sorry to panic so much and stray off thread but help is required! Please!

 

Shinobi

[shinobi jones]

Ok found the Provisional Findings in Northern Ireland Personal Banking now but help still required for remaining queiries.

 

Thanks

[saintly_1]

Witness statment ...... http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479225 and just amend

Yes the OFT report is the right 1

[shinobi jones]

Bingo!

 

Thanks Saintly, I presume the rest was ok, off to the courts and Barclays tomorrow then!

 

Thanks again

[vincymum]

Thanks shinobi jones for asking that question. The checklist you did was great and as ever, saintly_1 has answered my questions by answering yours. Thanks saintly_1

[shinobi jones]

Right then, Court Bundle submitted today but now i need some advice on Stays please.

 

I mentioned to the lady at the Court (Stourbridge) that Barclays had contacted me to say that they were going to apply for a stay (blanket letter that everyone's had) and asked whether the stay had been (a) applied for and (b) approved.

 

She said that Stourbridge County Court were going to apply stays for all cases except those above £5,000 but that I was still able to appeal if I wanted to. My claim is up around the £4,850 mark now so not far off £5k but I haven't had anything from either the court or Barclays regarding the stay application.

 

My question is should I appeal it before I get notified of it? if the court themselves have applied it I will obviously have to appeal rather than just turn up and hope Barclay's cock up but I don't want to get to court (6th September) and find that although Barclays have submitted nothing the stay has still been applied anyway!

 

Will I pee the court off by applying before I'm notified of the stay or am I ok to apply in anticipation?????

 

Given the size of my claim I might have a good chance of getting past it anyway, I just hope that B's are lulled into a false sense of security and don't turn up or file a defence and my appeal is upheld

 

This forum is an absolute godsend and there are some real genius' at this on here, Please help!

[saintly_1]

you cant really object to something before it happens but if it is stayed you will need this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[shinobi jones]

Thanks Saintly, have received this morning notification from the court that they are applying the stay themselves.

 

Have many people appealed successfully against court applied stays or only those applied by the banks?

 

Here's the text of the letter:

 

1.The court is aware that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations and other legislation to such charges. Further information in relation to the test case is available on the OFF’s website at http://www.oft.gov .uk.

2.Upon it appearing that the issues raised in the test case will affect this claim, the claim is stayed until further order upon compliance with paragraph 1 of this order with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR23, to lift the stay.

It also says that the hearing date has now been vacated:-?

I'll appeal obviously but not too confident.

Any advice anyone?

[Bookworm]

All you can do is try. If you don't, it will get stayed, if you do, you have a small chance to get in there, especially as you're close to the 5k limit. Have you recalculated your interest to date? That should make it even closer to the "magic" limit.