Margimarg Vs Barclays help!

[margimarg]

Well lba sent,10 days to go looks like they will still hold out,dont fancy the next step looks so complicated,scared I will mess up and fill it in wrong,have read loads of threads and faqs but still seems really complicated,will it work just how many have won without court.

[orfoster]

Don't worry about it. you will be fine. just ask if u need help.

[kbarnby]

I have got a court date but realised that I didnt add my interest to the final claim. Eeak, is it too late to do this? Where do I go to do it?

 

Many thanks,

 

Kirsty

[Michael Browne]

In a word, yes. Unless you want to amend your claim for £35 (unrefundable), fill in another form and delay your claim.

[margimarg]

Hi all,well sent my LBA 3 weeks ago,no reply,will try final Tel call in morning not holding my breath,have read all treads but still worried about court can, t sort out spread sheets,and online form seems complicated where to start,any advice,so close now,

[victimnomore]

My advice would be not to bother phoning them. You won't get any sense out of them anyway.

 

You've sent "Letter Before Action" so now it's Action after letter time.

 

Don't get too worried about the court. The small claims procedures are deliberately user-friendly.

 

The facts to bear in mind about the court are;

1) you won't get what you want without being ready to go to court,

and

2) Barclays are FAR more frightened of court than you are and have never yet actually gone into a court hearing - they (so far) have ALWAYS folded before court date.

 

Just take it one step at a time. Your next step is to put in your claim. Either go to your local county court and ask for a "claim pack" or go and register at the Moneyclaim Online website - depending on whether you prefer to use the paper form or the webpage. Either way, you then go to the library (click here) to see how to fill the form in.

 

Anything you're not sure about - ask here.

[margimarg]

rang barcays left message,3 days later rang offered me £1200,last offer £995,refused requested £2500,they said no see you in court,but I cant sort out spread sheet tried but got in a mess,not 2 good on computer,what do I do next they owe me £2500,and interest looked at faqs and other threads,but still not sure how to fill in court form ect,evensent for court pack,but its very confusing :confused:

[squishy]

OK, you need to fill in the spreadsheet - all you do is enter the date, amount and 'type'(description) of the charge and the clever spreadsheet will do the rest. It's in the library. Then you need to fill in the court form - there's help in the library for how to do that as well. Pay your money to court and then sit back and wait for a little while. Barclays will enter a defence (probably at the last minute); then you'll get an Allocation Questionnaire (and there's help for that in the library too) and then a court date. When you get your court date, you'll get a deadline to get a bundle of docs in - go back to the library for more help there, too!!

 

Good luck, HTH

[margimarg]

Hi,can anyone tell me where it is on Faqs I can find spread sheets,and how to fill in the bit on moneyclaim,I have spent ages searching and reading threads,but still cant find this bit of info,ready to apply on line but still finding it hard,any advice would b great,many thanks,

[jendoc]

Hi.....http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Try this for starters.

 

Jendoc

[jendoc]

Hi again, The statement below is the standard statement given on this site that is written in the 'Particulars Of Claim' section on the money claim form. All the other questions on that form are pretty straightforward personal details. i.e. Your details, your banks details and finaly the amount you are claiming. ps Check you have filled in every thing correctlty BEFORE making payment!

 

"My action is on the grounds that:-

I have had a contract with the XXXX Bank

since XXXXXX . Accouunt No:XXXXXXXX

Sort Code:XXXXXX conducted on their standard

terms and conditions. I am claiming the return of

money taken by the defendant in the way of

charges over the last 6 years plus the

interest they have levied on those charges.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.

Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the

Unfair Terms in Consumer Contracts

Regulations 1999. Para.8 and sch.2(1)(e). In

the event that the charges are not a penalty

then they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. The claimant claims interest

under section 69 of the County Courts Act 1984

at the rate of 8% p.a.from XXXX to XXXX."

 

Hope this helps,

 

Jendoc

[bearo]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html this is the most upto date particulars of claim text for money claim with a great guide to filling it in, what about the spreadsheets do you need help with?

The links to them are here.... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

any problems just ask!

Sharon

[margimarg]

Where can I find details of court bundles needed for court just read about it on a thread, also the more I read the more I worry about messing up court,others seem to flying through it must be me bieng stupid but I keep reading the faqs then puting it all off only to read more threads the next day instead of going ahead,anybody else havig problems?

[Michael Browne]

Here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[Spotted Dog]

Bookworm has posted a zip file containing what you need for your bundle

 

Spotty

[margimarg]

OK,but how do I get to bookworms zip file,sorry to b a bother,

[Michael Browne]

See post #2

[margimarg]

many thanks

[margimarg]

This is how it is,have managed to follow all instructions,but am now stuck at the court part.Have sent off for court law pack to help me, and have read and re read many threads but as I am not to hot on computers I am finding the spreadsheet hard to do and as for moneyclaim how do I send all the paperwork to them,feel really thick but you do say ask for help, and boy do I need it,I hope to claim £2500 plus interest and will be overjoyed to donate 10% to this site,please relate the next step simply,as although I really have gone through Faqs many times the spreadsheet and court forms have me confused,many thanks

[Michael Browne]

MCOL POC here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Use the Simple S/S here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically.

 

 

 

After you have filed 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 Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[margimarg]

Thank you will try,

[margimarg]

have been on moneyclaim filled in forms copied letter as advised with amount and interest.but when I press submit it is bieng returned,saying check red astrick do again,but I have checked it over and over and it is fine,right amount of words none of the symbals it says not to use,anyone any idea where I have gone wrong.Also is that all I have to fill in and send or is there more,have read loads of threads but it is all a bit confusing.

[jnorthway]

Sorry cant help Margimarg am only half way through MCOL and already stuck with Particulars of claim and interest etc.

 

Bluebelle

[dickeggsy]

don't worry too much.try reading welshmans thread from start to finish there's a hell of a lot to help you in there or even the druids thread(very helpful).

if you get no joy just keep asking.someone will point you in the right direction.

[margimarg]

help have filled in moneyclaim form but when I press send it is not accepting it,I have checked I have the right amount of letters,filled in all *these,so what could be wrong anyone else had this problem.