SiFly Vs Barclays

[SiFly]

Hi to all

 

I hope I am now posting in the right place.

 

A quick update to where i am.

 

I have successfully sent my SAR and got my statements back without a problem.

 

I have sent a request for my £490 pounds to which they replied with an offer of £250 which I declined.

 

So i sent the LBA and their 14 days are now up.

 

So now its time to go to Money Claim. Which is where i need a bit of help, I just want to make sure that i am doing the right things as i am starting to get worried and really dont want to lose now.

 

 

1. What address do i put on the money claim for barclays. So far I have done all correspondence with Leicester but i have seen the churchill place address being advised on the forum.

 

2. I have got a little lost on what i should be putting in the Particulars Of Claim box. I believe my claim is straight forward so surely it should be quite a simple claim. and do i need to send anything off as soon as i have filed the claim or do i just wait for the AQ.

 

 

TIA for any help

 

Sifly

[paulwlton]

There's a template for the POC, Churchill Place will be fine.

[SiFly]

thanks for that, i will send off my money claim as soon as i have got my account opening date. It could be twenty years ago since iopened it, shame we can only go back 6 years.

[stan5131]

You can go back more than 6 years but you need to do a lot of research on this site and really know what you are doing. Also difficult if you have not kept all your statments going back 20 years as they do not have to keep records for that long.

[dunnie1]

If you do decide to pursue for more than 6 years you can always use the available statements as a basis for an estimated claim. Keep an eye on threads that are challenging the statute of limitations (where this six year cut-off comes from) and base your decision on the success or otherwise of these cases.

[SiFly]

thanks for that, i dont think ill be taking it any further than 6 years, i am getting worried now that this claim has gone this far. and its going to be nice getting £490 plus interest back

[dunnie1]

don't fret. barclays only tactic is to delay until a few days before the hearing before calling u up and offering to pay in full. especially with non-contentious claims such as yours. (within 6 years).

[SiFly]

thanks dunnie, i do hope your right about barclays settling b4 court.

 

I am now almost ready to send my money claim, if someone could tell me what amount i put in the AMOUNT CLAIMED box. Do i put in the total amount of charges plus interest, or just the amount of charges.

[SiFly]

Also is it right that the court fee is now £50.

[dunnie1]

I didn't use MCOL, I used the pdf N1 form, but I think I'm right in saying just the charges if your claiming the statutory 8%, or the whole amount if your going down the contractual interest route.

 

Not sure on court fee. I'm exempt.

[paulwlton]

Total amount claimed includes charges interest and court fee.

[SiFly]

thanks for replies, hopefully this is the last question for a while

 

I have filled in the form online at MCOL and paid, do i need to post copies of the form aswell attaching my spreadsheet of charges

[Welshman]

No. There's no need to send anything other than your schedule that includes the 8% interest and you should now send one copy to MCOL by post, and, at 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:

Barclays Legal and Compliance

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.

[SiFly]

Thanks Welshman doing the letters now

[SiFly]

Hi all

 

I have another question.

 

Barclays acknowledged my claim on the 8th jan, I am sure i read somewhere that i should leave serving judgement until the 15th day because the court allows an extra day for them to file a defence. am i correct or should i start judgement at 1 minute past midnight tonight?

 

Thanks

SiFly

[bmw323i]

As far as I know, its 28 days from date claim was served on the defendant, but if you go for judgment, barclays will enter defence tomorrow and the court will accept it.

 

 

 

 

 

Emz:D

[SiFly]

so which day should i serve judgement, if they acknowledged on 8th jan

[bmw323i]

What date was your claim served on Barclays?

 

Have you checked on MCOL, because I think that where it says defendant has acknowledged, it also gives a date by which they have to respond/enter defence.

 

Usually, once the claim is issued, the court allows 5 days for it to be served, so the 28 days start from the date served and not the date issued. e.g claim issued on 02/01/07, deemed served on 07/01/07, if acknowledged defendant gets 28 days from 07/01/07 to enter defence.

 

 

Hope this helps

 

 

Emz:D

[SiFly]

thanks for that, but now barclays have entered their defence so i am now going to start reading the forums again get my court bundle together. has anyone got any useful links. Thanks Sifly

[Falcom]

It is worth reading the New Strategy on AQs since it could potentially spped up the process and settlement of the claim.

 

It sounds quite complicated at first but it does make sense - basically you are suggesting to the Judge what directions to issue and if he issues the directions it forces barclays to submit evidence more quickly than having to wait until 14 days before a court date that could be months away. There is no certainty that the Judge will issue the directions as suggested but it is certainly worth a try.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

Peter

[SiFly]

Thanks for the help,

 

I have just received my AQ this morning, i have been looking at the new strategy. Am i right that

 

1. i just fill in the blanks on the draft order and send it in with my AQ

 

2. fill in section G with the quote on the forum post about "new strategy"

 

It seems too easy, might aswell give it a try if thats the case.

 

Lastly, for this post anyway, My claim is under £1500 so i dont need to pay:) but do i tick the yes or no box when asked have i attached the fee.

 

Thanks SiFly

[SiFly]

Thanks for the help,

 

I have just received my AQ this morning, i have been looking at the new strategy. Am i right that

 

1. i just fill in the blanks on the draft order and send it in with my AQ

 

2. fill in section G with the quote on the forum post about "new strategy"

 

It seems too easy, might aswell give it a try if thats the case.

 

Lastly, for this post anyway, My claim is under £1500 so i dont need to pay:-) but do i tick the yes or no box when asked have i attached the fee.

 

Thanks SiFly

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[SiFly]

Hi all

 

I have posted my AQ back today along with the draft order for directions.

 

Do i now just wait for the court to request the court bundle or should i send them now?

 

Thanks

SiFly

[Welshman]

Wait until they ask for it, but prepare it now!

[SiFly]

Hi

 

Just got my court date through for mid april, so now its time for me to fianalise my bundle. On the letter from the court it states " It will be not be necessary for any party to file or exhibit a copy of the OFT report 'Calculating fair default charges in credit card contracts' though it may be referred to in any written evidence."

 

What do they mean by written evidence?

 

do i put an up-to-date list of charges in the bundle?

 

I have read that some people have rung barclays at about this time to try and get a full refund. Is this recommended, is it sucessful, who should i speak to and on what number?

 

 

Thanks for any help