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Barclays & Me...


tim goodman
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Hello all! Been getting up to speed all night. Barclays acknowledged my claim with MCOL on 13th day. Have scoured as many posts as possible to answer my question but must have missed definitive answer! Did I need to send the schedule of charges (that they posted to me on my request at the outset of my quest) to the court at the same time as i started the claim with mcol? Also, does an 'aknowledgment' mean they have OR will enter/d a defense at this time? As i only have list of charges for 5 of the years and statements for the other year do i need to write post-haste for statements for the whole six years also ready for my bundle? Many thanks for any replies. UNITED WE STAND!

TG

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Hi Tim

 

The Schedule of charges isn't the whole account history they sent you after your Subject Access Request (SAR) but rather just the list of charges they have taken, the date they did so and the "reason" for them.

 

e.g. "Paid referal fee 11/05/2001 £30

 

List each one and the total amount of money you can then work out the contractual evidence - the 8% APR you can claim for the charges from the date they charged them to the date you filed your MCOL - that gives you the total amount your claiming. (then 8% on this total after filing to settlement).

 

You should have sent the schedule of charges with each of the letters you sent to Barclays prior to filing your MCOL. You should also have included it with your claim - but with the MCOL online form you might not have had room.

 

The bank may now issue a CPR18 request for more information. You could just submit the schedule of charges. They may also include in the CPR18 for you to justify why you think the charges are unfair - you can deny that request with a standard response from the library if you want to.

You can also counter their CPR18 with one of your own requrining them to explain the exact costs to them when you went overdrawn etc. They will never wish to do this as they think its propriatry info and it would require them to admit that the amount is much much lower than the £30 they charged - i.e. they'd be telling the court that your claim is correct and their position would become unwinnable (and since you'd publish their resonse on here they'd loose all other cases as well!)

 

As to them acknowledging your claim - its just the courts way of saying that the bank have formally noticed that they are being sued - rather than just feigning ignorance! They may enter a defense of they may not there is no way of knowing for sure. Just keep plodding through the process and don't cave in till they offer you the full amount inc. all the interest and the court costs.

 

Good luck

 

The Badger

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Did I need to send the schedule of charges (that they posted to me on my request at the outset of my quest) to the court at the same time as i started the claim with mcol?

 

You need to produce a schedule that now includes the 8% interest and you should send one copy to MCOL. On 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.

 

The Addresses you need to send the copies of the schedule are:

 

For Barclays:

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

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.

 

They have 14 days from the expiry of the acknowledgement period to submit a defence.

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

 

Welshman

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many, many thanks to the badger and inimitable welshman for time taken to reply. i came late to this forum as i have had no connection to the web at home so relied heavily on my previous studies of 'the fool' (see above ad!).

A little worried by gizmo111 post in welcome forum saying that i might have issued to wrong company ie barclays not woolwich. all of my correspondance was with woolwich letterheads but it states at the bottom of the pages that the woolwich....... are trading names of barclays...... registered to churchill place. should i worry?

quick timescale as i really cannot find the place to writeout this summary (which it said i should do after i registered!- pointers in the right direction gratefully recieved again!!)

26/6- request charges

28/7- receive details of all charges; yr2000 in statment form.

18/10- request full reimbursment of all illegal charges (without interest) £1762

21/10- letter received from woolwich (1 churchill place....) 'aiming to resolve' by 18/10

21/10- sent letter of my disappointment in their failure to respond adequately stating law etc giving them just 14 more days before i commence court action to include interest & court costs. I enclosed photocopies of the original documents they sent me with the illegal charges highlighted ( i thought this was the schedule! apolgies for ignorance..) i asked for £1694 this time as i had read that the courts could only go back six years and i hadnt yet started any proceedings with them. (recorded delivery)

10/11- issued claim with mcol. i worked out my own 8% but only from the most recent charge as i hadnt yet seen all the online calculators (i was still working off old notes...:eek: ) i was still thinking it better to err on the side of reason. the total i filed agaist barclays for was 1442, 88.18 int, 120 costs. (the charges reduced again as some more fell outside the six year cutoff.)

28/11 Acknowledgment of service from northhamptom including copy from barclays with an 'x' in the "i intend to defend all of this claim" TICK box?! :confused: (was yours the same?) Signed A. Ruffhead:rolleyes:

shall i send a proper schedule now to northhampton and barclays? i do not have excel do i need it to do it?

apologies for any ignorance but committed ang strong?:D

these guys kept my family stuggling through some very lean times. they owe me!

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There's a non excel apreadsheet in the same link as the excel here . It's Works or try open office.

 

Follow the directions I gave in my previous post. If the alternative spreadsheet is similar to the end product in Excel then the final result will look similar to this:

 

Welshman- Claim Number: 00000000

Barclays Bank PLC

Sort Code

Account Number

SCHEDULE OF CLAIM FOR CHARGES PERIOD: 1st September 2001 TO 1st September 2006

In Respect of: Amount Date Incurred Days since offence Interest 8% APR

Paid Referral______£20.00____19/09/2001 ____1854 ___________£8.16

Paid Referral______£20.00____ 20/09/2001____1853___________ £8.15

Unpaid Out _______£30.00____ 24/09/2001___ 1849____________£8.14

Paid Referral______£20.00_____19/10/2000___ 1824___________ £8.03

 

I'm off to bed as I have a long day in prospect tomorrow and I know that helpers will be stretched as there is a rally in London. the author (ess) of the spreadsheet is also there so you may have to wait a day or so for a definitive answer. Anyway, hope it does work for you.

 

Good Luck

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

 

Welshman

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As to the 8% if I was you I'd work it out fully then do an updated set of accounts for the court and the bank.

 

Work out the 8% for each charge from the date it was taken from your account to the date you issued the MCOL

 

To do this without excel either use the none excel version mentioned by welshman or by hand - here's how.

 

For each charge taken from your account:

1. you count the days from when it was taken to the date your claim was issued on MCOL

2. multiply the charge amount by 0.00022

3. Then multiply that figure by the number of days worked out in step 1.

4. Repeat this for each charge that was taken.

5. Add them all together and you have your total interest.

The total is the 8%APR you're entitled to to the date your claim was issued (under section 69 of the County Courts Act 1984).

 

6. Add the interest and the total of the charges = total amount your claiming.

 

From the date your MCOL claim was issued you can then claim 8% interest on the figure worked out at step 6. to do this you:

 

7. take the figure worked out in step 6 (the interest + the total charges) and multiply it by 0.00022

 

8.This gives you the daily rate (in pounds) you charge for every day from the date your MCOL claim was issued to the day they settle out of court or the date of judgement.

 

So the longer they take the more they owe you!

 

Type up a statement with the following on it:

 

Your Name (or both if its a joint account)

Your sort code and account number.

MCOL claim reference No.

MCOL claim issue date.

The date this statement is being produced

The following titles:

"SCHEDULE OF CLAIM FOR CHARGES PERIOD: [date from] TO [date to - this will be the MCOL clai issue date]"

"In Respect of: Amount Date Incurred Days since offence Interest 8% APR"

 

A list of the following:

each charge (type and amount),

the date it was taken,

the days from then to claim issue date,

the amount of interest at 8% as worked out in steps 1-3 above

all the totals along the bottom.

 

After the main charges table add one of "Interest to date"

Put the total amount of the claim from step 6.

the daily rate from step 8.

The number of days from the MCOL issue date to the date of the statement (hence why you put it on the top of the page)

The interest calculated by multiplying the daily rate by the number of days.

 

Add a list of expenses (Court Costs, Postage etc)

 

Then a summary table

Total claim amount (from step 6)

Total interest from MCOL issue date to date of statement

Total expenses

Overall current total (total of all in the summary table)

 

If you lay it out like this it will be neat and easy to follow - keep a copy for yourself and every now and then update the figures (that interest will grow and you can also record extra costs) print it out each time and you have a clear easy to follow paper trail for the court.

 

Good luck

 

The Badger

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  • 1 month later...

hi all

 

have read as much as i can re the court bundle but in the Bookworms zip folder it says it includes an "index of things you should include to help you getting the stuff thats personal to you." I cannot see this anywhere! I can only assume that i am being stupid as noone else seems to have asked this!

Am i right in thinking that i put my header page followed by all of my correspondance to and from barclays chronolgically followed by Bookworms' zipped bundle and then send one copy to the court and one to barclays legal dept?

I phoned alex martin as did the Welshman and was told that he has moved on! It is now a lady dealing with the cases and was told by her junior that as there are so many clains currently and mine wasnt 'til april that she would probably be in touch sometime in march. Do you think that they are waiting to see if i get my bundle in before settling with me and if so, is it worth giving her another call after i have (i have 1 week to get it in)?

Any help soooooooo grtaefully recieved!!!!!!!

The Goodman.

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hi there have a look at jonni2badvhalifax tells you in there what index sheet looks like.

 

who is your judge as from the same town as you. :) got three court cases begining of april. :o :) it seems now the judge is lumping them all on the same day as he knows they will be settled.

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INDEX OF DOCUMENTS

 

 

  1. CORRESPONDENCES

Date Description Pages

 

 

A 22-08-06 Letter: Request for repayment of charges to Lloyds 3

B 06-11-06 Copy of Claim Form issued by claimant 1

C 06-11-06 Notice of issue 1

D 14-11-06 Notice of service has been filed 1

E 30-11-06 Notice of transfer of proceedings and defence 4

G 19-12-06 Claimants copy of allocation questionnaire 3

H 19-12-06 Defendants copy of allocation questionnaire 4

I 08-01-07 Notice of allocation to small claims 2

 

 

  1. STATUTES/AUTHORITIES

AA Copies of credit card statements 7

BB Copy of spreadsheet supplied with claim. 2

CC Data Protection Act (1995) schedules 5

DD Unfair Terms in Consumer Contracts Regulations (1999) 11

EE The Supply of Goods and Services Act (1982) 13

FF Unfair Contracts Terms Act (1997) 10

GG Office of Fair Trading Report April 2006 (OFT842) 30

HH Office of Fair Trading Statement 07-09-2006 2

JJ House of Commons Early Motion (EDM 2227) 1

KK House of Commons select committee on treasury

secondary report: Transparency in charging 9

LL Report by Kendall Freeman on Liquidated damages 3

MM Case law reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79-2

Case Law reference: Alfred McAlpine Capital Projects

Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) 3

NN Transcript of interview with Peter McNamara on radio 4 2

 

 

The claimant will also make reference to the following case laws.

 

 

PP Murray v Leisure Play [2005] EWCA CIV 963 3

OO Lordsvale Finance PLC v Bank of Zambia (1996) QB 752 2

PP Bridge v Campbell Discount Co. Ltd [1962] 3

PP Wilson v Love [1896] 3

 

 

this is what i did very similar to jonni2bad

hope it helps. i have copied and pasted but looks not right ie the layout but you get the jist of it.

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