Ware v The Woolwich/Barclays ***WON***

[saracen01]

Hi

 

Details to date:-

 

I wrote to the woolwich requesting the return of my bank charges for the last 6 years, which totalled £5005, but I rounded this down to £5000, as I had been informed previously that if I was to go to court, this would have to be kept to a £5,000 limit. I gave them 14 days to reply giving me a full refund. I also added that I required 8% interest on the £5,000.

 

They wrote back to me informing me that it was being dealt with and I would hear within 28 days. Following the 14 days limit, I then wrote back to them, requesting that they acknowledge my letter and advised them that the 14 days had passed and that I would be taking them to court. I then received a letter from them offering me a goodwill gesture of £1,000, which I refused, informing them that I wanted all of my money returned in full, I gave them 7 days to do this. I then received another letter, which was an exact replica of the one offering me the £1,000 goodwill gesture, I again wrote back to them, including a copy of the first letter where in I had refused the money and informed them that I would be taking them to court.

 

I filed a moneyonline claim on 1st December, this was deemed served on Barclays on 6th December and to date have heard nothing from them.

[121o121]

After a defence has been entered (28 days) you will receive a "notice of transfer of proceedings". As Northampton County Court deal with all MCOL claims, they will then pass it on to your local County Court.

 

Once the claim has been transfered to your local County Court, an allocation questionnaire will be sent to you by them. The information on this helps the judge decide which track to allocate the claim too (small claims, fast track etc).

 

Nothing to worry about. Your claim is on schedule, it's just a waiting game now.

 

Good Luck

[MadMat]

I'm a couple of weeks in front of you, Barclays like to leave things till the last second all the time!

 

They Acknowledged service on the 14th day, and the defence arrived on the 27th day!

 

Mat

[caro]

Did you include a schedule of the charges that you are claiming back? Also you should not have asked for 8% interest until you did the court claim as this is a statutory rate awarded at the courts discretion, and shouldn't be claimed before that stage.

 

It is not just 8% on the total, but 8% per annum on each individual charge, from the date the charge was levied until the date settled. The forums spreadsheets deal with this calculation. Could you please post your particulars of claim to check, as you may need to amend your claim to correct the interest element.

[saracen01]

The moneyonline claim form asked if I wanted to claim the interest, so I put yes, I just assumed that it was the interest on the whole £5,000 not an annual charge.

 

I'll be happy if I just get back the £5,000 that they took from our account. I really don't expect to get a penny from them.

[saracen01]

I filed a MCOL on 1st Dec, deemed served on 6th December, today is the 14th Day and nothing has changed, my MCOL is still saying issued - it looks like no defence has been entered - can I request judgement today.

[genesco]

The bank might defend in the 11th hour at the end of the day.

[mollington]

i would advise sendng barclays this letter if they dont acknowledge by the end of today. it may save you a lot of hassle in the long term.

 

Dear Sir/madam

You have not filed a defence for claim number xxxxxx xxxxx county court, and the time to file a defence has now passed.

I am writing to give you one finale opportunity to make full payment of £xxx

If I have not received payment in full by 4pm (1 week from now) will enter Judgement in default.

[saracen01]

I've even called the Court, they have said that no defence has been received from Barclays. If this happens what is the next step, after I send them the letter stating that I will enter judgement in default.

[saracen01]

OK - today is day 14 and the court have stated that no defence has been entered. What do I do next

 

HELP

[mollington]

The court told me they hadent had a acknowledgement, but i got one anyway 3 days late , trust me that letter could save you about 6 weeks if barclays go for a set aside

[dmbarfield]

Hi Saracen, if it goes anything like my case they entered Barclays entered their defence with less than one hour to go to the deadline. They really do like to drag it out as long as possible!

[TUTTSI]

Have you tried checking your account to see if they have refunded you the money... it is only a though!

[Welshman]

I've even called the Court, they have said that no defence has been received from Barclays. If this happens what is the next step, after I send them the letter stating that I will enter judgement in default.

 

There seems to be quite a bit of confusion in this thread.

 

You filed on the 1st and it's deemed served on the 6th. We are clear on that.

 

They have 14 days from then to acknowledge - not defend.

 

Provided they acknowledge, they have a final 14 days to defend. That takes them to the 3rd of January 2007.

 

Provided they haven't acknowledged, you can apply for judgement tomorrow. If you intend doing that, do it before 9am then it will be dealt with that day. After 9am and it will be dealt with the next day.

 

BUT remember that the Court may have a backlog of paperwork and it's sitting, waiting its turn to be processed. If that's the case, clicking the judgment button won't work. You have to try it and see.

 

Furthermore, even if you enter judgment before they acknowledge, if they do so before 4pm on the day you apply, then it will be allowed.

 

Don't ask why, I don't exactly know but there you go.

[Fullyskinted]

Welshy/others.

 

My date for Barclays to respond with a defence is 1st Jan 2007.

 

Should I put the letter in enclosed in this post:

 

i would advise sendng barclays this letter if they dont acknowledge by the end of today. it may save you a lot of hassle in the long term.

 

Dear Sir/madam

 

You have not filed a defence for claim number xxxxxx xxxxx county court, and the time to file a defence has now passed.

 

I am writing to give you one finale opportunity to make full payment of £xxx

 

If I have not received payment in full by 4pm (1 week from now) will enter Judgement in default.

 

In next week? Like first class, 27th Dec for arrival before the deadline? What say you?

[Welshman]

Myself? I wouldn't bother. They know that the further they go along the route to Court, some Claimants are going to opt for the safety net of their first offer because that's human nature.

 

They're hoping to save money by testing Claimants' bottle.

[rogerebaker]

If they fail to issue a defence.

 

Apply for a judgement and about a week later you will get a letter from Barclays offering you full settlement provided you agree to a setaside.

 

If you agree and theres no reason not to then about 3 days later you will have your money.

 

There is no need to contact Barclays at all.

 

Its happened three times to me with Barclays with the same result. I suspect that Barclays are finding this a fairly convienient way of disposing of claims, claiming to have not received the paperwork and paying out without any admission.

[Fullyskinted]

If they fail to issue a defence.

 

Apply for a judgement and about a week later you will get a letter from Barclays offering you full settlement provided you agree to a setaside.

 

If you agree and theres no reason not to then about 3 days later you will have your money.

 

There is no need to contact Barclays at all.

 

Its happened three times to me with Barclays with the same result. I suspect that Barclays are finding this a fairly convienient way of disposing of claims, claiming to have not received the paperwork and paying out without any admission.

 

 

OK, but I thought a setaside would apply a longer period than 3 days! Some folks talk of over a month!

[rogerebaker]

OK, but I thought a setaside would apply a longer period than 3 days! Some folks talk of over a month!

 

If you sign an agreement to agree to a set asisde of the judgement as part of the terms of the settlement barclays simlpy send it to the court who promptly set it aside uncontested.

 

having received the money You in the write to the court telling them the matter is settled.

 

Trust me on all three occasions I had the settlement in the bank within three days of returning the forms agreeing.

 

If you dont agree to the set aside it can delay things for months whilst they formally apply for it and in all probability be granted it.

 

The offer letter is dressed up in all sorts of legal jargon but in essence they will pay you provided you agree.

 

Have you been granted the judgement yet ?

[Fullyskinted]

Ive just checked online again and they havent submitted a defence. I rang HMCS yesterday to confirm the timescale. As I had thought, its 1st Jan!

So between now and then they have 4 working days left (including today) to submit their defence.

 

Guess what Ill be doing (once Ive sobered up enough to type) after office hours on 1st Jan?

[poppy11]

Hi Saracen from reading your thread I am literally a couple of days ahead of you and it looks like you are awaiting acknowlegement of your claim..has it come through yet? they then have 14 days from date served to file their defence

[saracen01]

Just to let everyone know, the 14 day deadline passed on 21st December, with no defence entered from Barclays, I have waited and waited, still nothing, what do I do now?

[e28bigalbexley]

HI Saracen

Phone the court with the claim details they will probably say they havent had time to log the defence (its been quite common) because they are very busy.

 

AL

[saracen01]

Have checked it all again, MCOL now has the option for a warrant to be issued, should I contact Barclays to inform them that they have now passed the deadline for this, as it was deemed served on 6th December.

[Guest Mumofthreeboys]

Have checked it all again, MCOL now has the option for a warrant to be issued, should I contact Barclays to inform them that they have now passed the deadline for this, as it was deemed served on 6th December.

 

Yes you should write to them, because otherwise they will file for a set aside. They are just busy.