vixtress v barclays,an unsure newbie!!

[vixtress]

well here goes!.......

i sent of a claim for just over 3k, i was fully intending to accept any decent offer (over £1000) but having received a measly offer of £600! i have decided to take it all the way!!

i have been lurking here for a while and thought it was about time i started a thread and asked for some help!

i have, today sent off a letter i found on this forum declining there offer and giving them till 12th dec to respond before court action commences, is this right and what do i do next when they obviously dont give me my money?

any advice greatfully received, i have never done anything like this before and am a bit unsure of it all,

thanks

vix :D

[Rooster-UK]

Hi Vixtress.

 

Good for you. It's ALL your money. Go for the lot.

 

Have you read the FAQs and the step by step guide in the library section?

Spend a few days with them and you will find that they will answer most of your questions.

Just click on the link in my signature for the FAQs.

 

Good luck with your claim.

 

Regards, Rooster.

[vixtress]

right, here we go................

have been poor (well non-existant) at keeping this up to date but heres where i am starting to feel out of my depth.

am now at the stage when i need to file my claim, have been offered and refused a measley amount from barclays (£600 on a £3145 claim) i have sent the relavent letters and received the final 'we are not offering you anymore, so take us to court letter on friday.

i intend to file the claim online as i would have problems getting to the court (work, transport and small children etc)

i have read the faq but still feel really really out of my depth, i have a fair idea of the procedure but am worried about the wording of any forms i will have to fill in, also am i right in thinking i have to send the scedule of charges at this stage (with interest i presume) or do i wait and send it to the actual court?

sorry to ask so many questions but i am keen to get this right

thanks for any help

vixtress

[vixtress]

well i have completed my mcol for but not yet sent it, i have a couple of points that i would be grateful for advice on:

 

1, i have no idea of when the accounts were open, it was many years ago so dont even know the year. how important is this?

 

2, the bit at the end of the particulars re claiming interest at 0.33 per day, is this right

 

3, obviously with the above bits rectified does this sound ok:

 

1. The Claimant has accounts, 6098322 and

00187877 with the Defendant, opened ?

2. Since 01/01/00 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. Claimant

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 £3145;

(b) Interest per S.69 County Courts Act

1984 of 8% - £654.16 continuing at 8% until

judgment or settlement at a daily rate of

£0.33; 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.

 

thanks very much for any help

v

[vixtress]

anyone????????

 

i have worked out that the 0.33 should be 0.69 but i would still apeciate someone looking over it before i submit, thanks

[TANZARELLI]

well i have completed my mcol for but not yet sent it, i have a couple of points that i would be grateful for advice on:

 

1, i have no idea of when the accounts were open, it was many years ago so dont even know the year. how important is this? Phone the Bank and ask for this info.

 

2, the bit at the end of the particulars re claiming interest at 0.33 per day, is this right by my calculations (ie total charges £3145 x 0.00022 = 0.69) i am happy to be corrected.

 

3, obviously with the above bits rectified does this sound ok:

 

1. The Claimant has accounts, 6098322 and

00187877 with the Defendant, opened ?

2. Since 01/01/00 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. Claimant

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 £3145;

(b) Interest per S.69 County Courts Act

1984 of 8% - £654.16 continuing at 8% until

judgment or settlement at a daily rate of

£0.33; 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.

 

thanks very much for any help

v

 

Tanz

[TANZARELLI]

No Probs, Thanks For The Click.

[vixtress]

no worries, submitted the claim today & will send scedule of charges to mcol tomorrow. is that all i have to do? am i right in thinking i then wait for them to acknowledge then send scedule to barclays?

whats the next step?

thanks v

[Falcom]

Yes you are correct - just keep track of the days - 5 days after you submitted claim it is deemed server barclays then have 14 to acknowledge and assuming they do that they then have another 14 to submit their defence = 33 days from the date you submitted claim.

 

Peter