stupar6 v Barclays

[stupar6]

I have spent alot of time looking through claiming back the bank charges. So far im not sure how its going , they offered me less than half which I declined next step is applying to the court as i've not heard back from them yet. :???:

[Deller]

Hi and welcome to the site,

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!!

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[Guest Mumofthreeboys]

I have spent alot of time looking through claiming back the bank charges. So far im not sure how its going , they offered me less than half which I declined next step is applying to the court as i've not heard back from them yet. :???:

 

Can you tell us what letters you have written? A little more information would be helpful.

[stupar6]

The last letter i have sent is the letter before action their cut off date is today, i've had the post and no letter from barclays. So i surpose that means i have to apply to the court.

[stupar6]

now im applying to the courts do i send a copy to the bank so it knows that i've applied

[Deller]

No need, the bank will be notified that you have issued a claim against them within a few days.

[stupar6]

i am trying to fill in my claim form but i am not sure what to write in the 'value' section and in the 'brief details of claim' section. is it a short sentance about my claim:-o

also do i add the 8%in the 'amount claimed' on the claim form or do they do that for you ??

[Josamolly]

Hi.. on my N1 form i put £xxxx plus 8% interest of £xxxx

 

In te amount claimed box i put the full amount.. hope this helps

[stevied]

I am at the same stage and been searching this forum for the details too. Any help would be appreciated as to what need to be written in the brief details.

 

Many thanks

 

Steve

[Josamolly]

here you go guys......

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

[stevied]

Jos, many thanks, I already have that, it is the initial brief details to put on the front of the N1 claim form - soz for this but I waiting to send off and this is holding me up.

 

Steve

[stevied]

Oh Jos, the interest figure?? Did you put the figure as calculated on the spreadsheet at the date you filed, or just put that you are claiming 8% interest of the total amount claimed? And did you put that figure in the boxes at the bottom of the form, or is that for the courts to fill in???

 

Ta

[stupar6]

MORNING. what should be in the envelope when you send off the claim form. is it just claimform,

[stupar6]

i was going to put a couple of lines taken from what was written in the letter 'request for payment of charges' but im not sure and i want to post it off

[stupar6]

do i have to write the address of claimant and defendant on the claim form:|

[natsmanc]

are you claiming through Moneyclaim online?

[stupar6]

no the old fashined way, ive found where to put the addresses how many copies do i need to include to the court

[claire78]

3, one for your records, one for the court, and one for the court to pass on to the bank

[stupar6]

ive only put one copy in the envelope do i send the others or keep them till i need them:-? :-?

[stupar6]

Im really sorry for that I did'nt realise. I have been told to ring a manager at barclays to try and settle out of court is this a waste of time or worth a try:-|

[Ropey]

It's worth a try, what stage are you at?

 

If you feel confident that you won't be bullied call him and say you want the full payment, if not then you'll be going to court.

[stupar6]

just sent off papers to court but didnt really want to go but will if i have to. they offered under half of what i asked for so we declined offer.

[Ropey]

They'll probably offer less than the full amount, if you are prepared to go to court they will pay up before you get in a courtroom.

 

Prepare your bundle and make sure you have all you need. If you show the bank you are serious and well prepared, they will pay you what they owe you.

 

Take time to read and be sure to understand other threads and the FAQs.

 

Don't panic and don't get pushed around by the bank.

[cheddar]

What you need to do is start your own thread in your banks forum and keep us informed of any progress and ask any questions on there, you have already had the answer to this question above and it is also in the FAQs and step-by-step guide. 3 Copies, 1 for you and 2 with your N1 form handed in to the courts (1 for court and 1 for the bank). If you haven't done this then you will have to add it on.

[stupar6]

After having no joy in being able to speak to anyone on the phone i posted my letters off to court i have today recieved 'notice of issue' and a date for barclays to respond.shame it wont be before xmas:eek: