Spleengirl v Barclays **WON**

[spleengirl]

Claim number: About to find out

Issued: in next hour 18/12/06

Court: MCOL

Charges: £390

Interest: £106.98

Costs: £50

Total Claim: £546.84

 

Hello all

 

What a fantastic site run by fantastic people.

 

I have been battling with Barclays for my £390, they offered £190, so I am just about to send off the following claim.

 

Fingers crossed they don't string it out too long.

 

1. The Claimant has 2 accounts with the

Defendant as follows: xx opened in

1996 and xx opened in 2002.

2. Since 01/10/02 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. Claiment 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 £390; (b) Interest per

S.69 County Courts Act 1984 of 8% - £106.84

continuing at 8% until judgment or

settlement at a daily rate of £0.09;

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.

[spleengirl]

I have read that some people have printed off their MCOL form and sent it to the bank along with their schedule of charges. Is it advisable to do this? Or can I let the form take its normal course?

 

Any advice would be gratefully appreciated.

 

Thanks

[spleengirl]

Hi there

 

Sorry to ask all these questions, but I have also pulled off the following from an Alliance and Leicester forum:

 

 

After filing 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 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,

 

Should I send this to the court as well? and copy it to the bank?

 

Thanks

 

Rowena

[spleengirl]

I have decided that I will write this letter as below to the court. I hope this is correct....?

 

Thanks

 

R

[spleengirl]

I received my allocation questionnaire yesterday so am going to spend tonight filling it in.

 

I am not too worried about court yet but I am sure I will be when the date comes through!

 

Thanks

[spleengirl]

Hi there

 

Reading all the information I can find, I gather that as I am only claiming for just over £500, I do not have to attach a fee of £100 with my Allocation Questionnaire?

 

If anyone could advise me whether or not this is correct I would be very grateful!

 

Also, it is advisable to send a copy of the AQ to Barclays along with the schedule of charges and interest (and a copy of the current one to show that it is going up)?

 

Thanks very much

 

R

[spleengirl]

Hi there I am really confused about this as the letter from the court is not very well written:

 

"You mustcomplete the enclosed allocation questionnaire on or before the on 10 February 2007 and return it, where the claim is over £1,500, the court fee of £100.00 to Bristol County Court"

 

Not very good English I know - should I just take this as not sending a cheque as my claim is only £500 or send one anyway?

 

Thanks

 

R

[msawouldlikejustice]

Hi

 

No you do not need to send a cheque, That only applies to claims over £1500.

 

You dont have to send copies of the AQ to Barclays, but make sure you photocopy it for your court bundle.

 

You can get help here with the AQ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[spleengirl]

Thanks for your reply!

 

I am just about to write my letter to attach to the AQ questionnaire. I am including the list of charges.

 

Thanks

 

R

[spleengirl]

Help

 

I have been very slack and am now ill with the flu, and my court bundle is due in two days time. The trouble is my allocation questiionnaire is at work, as well as my prliminary letter and statements. Can I get away without providing these in the court bundle or do I have to supply them?

 

On the positive side, I have not received a court bundle from Barclays.

 

Thanks

 

R

[spleengirl]

Also, do I need to provide copies of all my bank statements from the last 6 years, or just those with charges on them?

[Advoc8]

Ideally you should provide all correspondence, you don't need to supply the AQ. You only need statements which have charges on them.

[spleengirl]

Thanks for the advice - that was a very quick reply!

 

I will go into work and try and get the other records just in case they are there!

[Advoc8]

On the bright side Barclays usually offer full settlement a few days before the trial, so you're probably very near the end. Get well soon!

[spleengirl]

Thanks!

 

As long as my boss does not see me sneaking inot work to use the photocopier and get the rest of that paperwork I should be ok!

[spleengirl]

Hi there

 

There is now a week until my court date. How soon do Barclays normally pay up? I am not really that scared but wish it all to be over soon so I can stop worrying!

 

Thanks:eek:

[dar£n]

give Krysta a call tomorrow and ask her to connect you to whoever is dealing with your claim.

 

They are that busy, it pays you to jump the queue.

 

contact details in my signature.

[spleengirl]

Hi there

 

Thanks very much for replying and for Krysta's details.

 

One daft quesion - what exactly do I say?

 

They have not sent me their court bundle yet should I just say that?

 

Thanks

 

R

[dar£n]

nope, simply speak to krysta, or email her, she WILL reply.

 

just say you wish to speak to someone dealing with your claim as its getting close to the court date and you are willing to negotiate a settlement figure.

 

before you phone make sure you have your up to date amount that you are claiming.

 

Krys will prob tell you that she needs to look over your file and confirm the charges, she WILL call you back.

 

She will come back to you with a figure very close if not smack on to yours, if it is within acceptable limits and you are happy go for the settlement.

 

If it is NOT, then appologise and inform her you are not happy with their figure and you will wait to see what the judge will decide.

If it comes to this add in the fact that you will be adding the costs for loss of earnings for attending court [£50 max]

 

More than likely she will email you a copy of the settlement for your inspection, signature and return

[spleengirl]

Thank you that is very helpful. I have emailed her and will ring her if she does not get back to me by 3.00pm. Fingers crossed!

 

She must be very busy the poor girl but sounds like she is on the ball.

[torigirl_uk]

Good luck Spleengirl!!! Make sure you write on here as soon as you hear, can't wait to see what she says!!! Got my fingers crossed for you, not that you'll need it!!

Tori

[spleengirl]

Thanks very much!

 

She has not replied to my email yet so at 3.00 I will ring. I am not getting any work done today as I keep looking to see if she has replied, the poor overworked girl!

 

Thanks for your support and hopefully I will post back soon!

 

R

[spleengirl]

Hi

 

I have not had an email as of yet so I phone Krysta and left a message but at 4.00pm I really don't think she will ring back.

 

What happens if I have to go to court and they don't turn up?

 

What happens if I go to court and they do turn up?

 

I think I am starting to get a bit scared!

 

R

[torigirl_uk]

Don't panick if you get to court (which you won't) and they don't turn up then you win by default (get the baliffs ready!!!Hahaha)

And if they do - remember that the small claims court is for the ordinary people, Barclays do NOT want to explain their charges as they can't justify them! You'll be cool:D

Tori

[spleengirl]

I had a response back from Krystal as follows:

 

Dear Spleengirl!

I am not dealing with your claim so I have forwarded your message to Paul Quinn. His email address is [email protected]

Sorry I can be of no further assistance.

Enjoy your weekend too.

Regards

Does anyone have any idea what this Paul Quinn is like?

Would anyone advise him to ring him first thingMonday morning and if so does anyone have his work number?

Thanks