Barclays settlement offer - advice on next step please

[madferit]

Wow - thanks for such a quick response and for clearing that up for me.

[madferit]

I'm nearly there! Point 7 of the particulars of claim simply states 'costs allowed by the court' - do I need to make any adjustments to that or is that it?

[Michael Browne]

No. Under the 'no costs' principle of small claims you can't claim for incidental costs, but if you ever actually got to court these could be awarded at the discretion of the judge, esp if he was pi**ed off by the banks.

[madferit]

Thanks again. Sorry to be a pain - my last question before submitting my claim is regarding point 3 (3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.). It states 'another copy will be sent', but I have already sent the list of charges 3 times, the last time being on Saturday with my letter notifying Barclays of court action. They should have received this today. Therefore, shall I change this part to 'Additional copies have also been sent' or should I just leave it as is?

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

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 sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[madferit]

So just to confirm, you say send 2 copies - is that 2 to each recipient or 1 each totalling 2?

 

Sorry for sounding stupid, but I'm doing this on someone else's behalf and I want to get it right.

[Michael Browne]

2 copies to MCOL. The theory being they keep one with your claim and send the other with your claim to Barclays. 1 copy to Barclsys solicitors when they acknowledge on the basis that Mcol haven't sent one with your claim.

[madferit]

Michael, thanks so much for your time and your help. You're a star!

 

I'll submit the claim now.

[Michael Browne]

Phew TGFT

[madferit]

oh no i think i have another problem. when the statements were requested back in November, Barclays responded and provided statements back to January 2000. The first charge was deducted on 10/01/00 and my list of charges includes all charges from this date onwards, but I now realise that this is more than 6 years. Does this matter?

[bmw323i]

oh no i think i have another problem. when the statements were requested back in November, Barclays responded and provided statements back to January 2000. The first charge was deducted on 10/01/00 and my list of charges includes all charges from this date onwards, but I now realise that this is more than 6 years. Does this matter?

 

I had charges dating back more than six years, and they did mention it in their defence.

 

I sent them a letter in response to defence, which youll find on my thread.

 

They still settled in full, including the older charges.

 

When you get their defence and A/Q through, you could send them the letter from my thread posted by tanz, and enclose a copy with the A/Q for the court to add to your file.

 

My thread is BMW323i v's barclays****WON**** in the successes forum.

 

 

Emz:D

[madferit]

Thanks so much!

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36028-bmw323i-barclays.html

[bmw323i]

Your very welcome:)

 

and good luck, not that you'll need it..lol

 

 

 

 

Emz:D

[madferit]

Ok, I was just about to submit my claim and I have gone over the 1080 characters/24 lines. I've included the part from the popup on the MC website as I clicked Yes on the right to claim interest. However, what they ask me to include only echoes what i've already copied from the templates library regarding the claim of daily interest. Do i need to include that even though it's already mentioned? If i don't need to, it is less than 1080 characters so i can submit it online.

[heidiK]

Hi

I submitted my claim online and sent (hardcopy) all extra information (yet another copy of the charges plus a photocopy of the moneyclaim form you submitted) to both the bank and the court so they could not plead ignorant in receiving the info. Does this answer your question?

[madferit]

er, not really.

 

Basically, I've followed the steps set out in step 5 of the templates library which tells me to enter the following into the online form at MCOL:

 

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.

 

The step-by-step instructions on this site states that you also need to copy part of the text on the moneyclaim website. I assume that this text is the part the part (shown below) that pops up when you click on the option to reserve the right to claim interest:

 

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

What I am trying to put across is that if I include what step 5 in the templates library shows me to use as my particulars of claim, and what the moneyclaim website tells me to include, it takes me over the 1080 character/24 lines limit, even though the latter only reiterates what I've already copied from this website regarding the claim of interest.

 

If I exclude what the moneyclaim website tells me to include, my claim comes in at under 1080/24. Shall I just leave it out?

[Michael Browne]

Yes, you've already included this in your POC's, it doesn't have to be the exact MCOL wording

[madferit]

Thanks to each and every one of you, my claim has finally been submitted - fingers crossed!

[madferit]

Does anyone know how I can find out who the moderators are so that I can submit my details for inclusion in the Litigation in progress section?

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/showgroups.php

[heidiK]

What I am trying to put across is that if I include what step 5 in the templates library shows me to use as my particulars of claim, and what the moneyclaim website tells me to include, it takes me over the 1080 character/24 lines limit, even though the latter only reiterates what I've already copied from this website regarding the claim of interest.

 

If I exclude what the moneyclaim website tells me to include, my claim comes in at under 1080/24. Shall I just leave it out?

 

I asked the same questions when I had this prob months ago and you can just fit as much as you can and then send a hard copy version with 'Additional particulars' and a copy of the moneyclaim form and yet another schedule of charges.

[madferit]

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

 

We've now received the Notice of Acknowledgement. I'm about to print out a schedule of charges but obviously the spreadsheet updates the interest amount daily, so the printout will not have the same total as the one that I am claiming for. Do I need to change it so that the totals are the same or can I just send an updated one?

 

Thanks,

 

Michael

[Michael Browne]

Click on the time in your taskbar. Reset the date to the date you filed. open s/s and print out. Reset date.

 

At the bottom you can put the daily rate and that as of xx/xx/xx the total now stands at £xxxx

[madferit]

Ok done that - superb, thanks.

How does this look?

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Please note that the amount shown in the list is that of the total of my claim (minus £120.00 court fees) as of 16 January 2007 when the claim was submitted.

 

As of today, 23 January 2007, the total stands at £3,569.39 (plus £120.00 court fees), with the interest increasing at a daily rate of 8% under S.69 of the County Courts Act 1984.

Yours sincerely

One other thing, I haven't actually seen the Notice of Acknowledgment letter as of yet (it's with my brother-in-law) but the I've been told that only address on it is the 1 Churchill Place address. How do I find the address of Barclays solicitors?