Lee vs Barclays

[graeme-lee]

Hi everyone,

 

Been formulating a claim against Barclays for a while now, and thought I would keep you all informed.

 

I am claiming for a total of £2,821 and received a letter 10 days ago offering me £1000 as a full settlement.

I have since declined this offer as a full and final settlement, and have recieved no further correspondance. I am almost due to take them to court, after giving them 2 weeks notice, and have a few questions.

 

How do I know the name and address of the county court?

Can I proceed with a claim over the Christmas holiday period, or should I wait until the new year. Will this be perceived as weakness from the bank?

Very grateful if anyone can help. Thanks, Graeme.

[Rooster-UK]

Hi Graeme.

 

You set the timetable, it's entirely up to you. The banks only perceive money and profits for their shareholders.

 

You can either use MCOL (Moneyclaim On Line) in which case it will go to Northampton where it will be allocated to a court near to you, or you can use form N1 and take it into the court yourself to register your claim. Check the phone directory for your area to find your local courts.

 

Good luck with your claim.

 

Regards, Rooster.

[graeme-lee]

Hi Rooster, thanks for your speedy reply and the helpful info. Much appreciated!

[graeme-lee]

Just completing my claim with MCOL, and wondered exactly what to write as a brief statement of under 1080 characters. Is this where I include my individual charges?

[dickeggsy]

if you go to the templates library the top one is MCOL particulars of claim template.

just ammend it for your particular claim copy it and paste in the MCOL site,that's what i did .

hope this makes sense and helps.

good luck.

[graeme-lee]

Can anyone please tell me how to calculate the daily rate of interest at 8%?

 

I am about to go ahead with claim on MCOL, and I have sent the interest amount to Barclays from the date of the claim.

 

Just looking for the amount per day between date of claim and settlement date.

 

Thanks

Graeme

[Guest Mumofthreeboys]

Have you completed a spreadsheet yet? The advanced spreadsheet calculates 8% interest for you.

[graeme-lee]

Hi, thanks for the speedy reply.

 

I have calculated the interest at 8%, but there is a daily calculation of so many pence which I have not been able to work out.

 

I'm probably being stupid, but there is so much to take into account, and I don't want to make any fatal mistakes!

 

Graeme.

[why!!!!!!]

hi Graeme,

The daily rate of interest is worked out like this.

0.00022 x your amount of charges =

 

i.e. 0.00022 x £1,000 = 0.22p (22p)

Hope this helps

Claire

[graeme-lee]

Thanks Claire, that is exactly what I was looking for

[graeme-lee]

Hi everyone,

 

I haven't posted for a while, so I thought I would let you know where I am with my claim. Barclays acknowledged my online claim, and the last date for a defence was midnight on Monday. When I saw that nothing had been done on Tuesday morning I entered a judgement against them immediately. However, I have looked again today and they entered a defence on Tuesday morning. When I phoned moneyclaim they said that there can sometimes be an overlap, although I am not happy as officially their time had expired.

 

Never mind!

 

I will now be receiving an allocation questionnaire, and my court date, which is to be at Newcastle Court.

 

I will let you all know of my progress,

 

Graeme.

[dickeggsy]

doesn't it make you mad that you pay £120 to MCOL and they don't even do their job properly.

i find it absolutely scandalous that the banks are allowed to get away with it. it is now beyond a joke.

[Guest Mumofthreeboys]

doesn't it make you mad that you pay £120 to MCOL

 

£120 that you get back, they are very busy that's all.

[graeme-lee]

Received my AQ today. Have until the 15th March to complete it and return it to Newcastle court. Barclays have entered the usual defence, that I was aware of the penalties when I signed up for an account etc...

 

Adrian St. John is dealing with their defence. Is he approachable nearer the time?

Has anyone had experience of dealing with him?

[GuidoT]

Not a Barclays claimer and have no experience with the individuals, however these should help you complete the AQ, New Strategy really a must now:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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

[GuidoT]

Additionally as your filed using MCOL, if you have not done so already, send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

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 faithfully

[graeme-lee]

Thanks for that. I have now sent copies of my statements to be attached to my claim. I have also taken your advice and used the new approach for the AQ. I have just posted that today. Hopefully tha judge will go for it, and you never know I might just catch Barclays out!

[GuidoT]

I am a bit confused regarding your point on statements and attaching them to your claim. For the avoidance of any doubt, these do not need to be sent yet. If I am confused then I apologise.

[graeme-lee]

I have sent a schedule of charges, not statements. My mistake in the previous post!

Will I hear from the court regarding my AQ? I'm just a bit concerned as to the timescale from now on. I have stated that I will do everything within 14 days, but 14 days from when? Is it from the date I sent it , or the date issued.

 

I don't want to miss a deadline when I have asked for it in the first place!

[GuidoT]

You need to wait for the judge to make the order, if indeed he / she does.

[graeme-lee]

I have been given a court date for the 6th july at Newcastle. I am now preparing my court bundle, but wondered whether it is worth contacting Barclays to ask them if they are willing to settle.

 

I know that Barclays tend to take things to the final day, but is it worth a phone call?

[graeme-lee]

My court date is the 6th July at Newcastle. I am just starting to prepare my bundle, but wondered whether it is worth giving Barclays a ring to see if they are prepared to settle.

 

I know that Barclays tend to take things to the last day, am I wasting my time by phoning them?

[saintly_1]

Give Krysta Campbell a call and ask her who is dealing with your claim as you have a court date and was wanting to know who to send all the documentation to. Have an updated SOC infront of you when you do ring them ... they might talk settlement or ask you to contact them nearer the date.

 

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

[graeme-lee]

thanks for your help saintly, I am sure I am not alone in being a little concerned by the Lloyds ruling. I will contact Krysta Campbell today. By SOC I assume you mean Schedule Of Charges? Shall I quote the total amount to today with the daily interest plus the 8%?

[dar£n]

Yes, the amount you settle for is the amount upto the minute they settle.

 

dont forget to include the court fees too