crow V Barclays **WON**

[crowe]

Hi all!

 

Have been reading the forum with interest for a few weeks, sent off my spreadsheet and recieved a standard reply within 2 days! Barclays have given themselves an additional week to respond fully but will not be letting them have it. You have all been incredibly motivational up to this point and I look forward to carrying on the fight. Will let you know how it all goes.

 

1st letter: Jan 8th (3k without 8%)

Standard reply: Jan 11th

[crowe]

Hi all,

 

It is now 14 days since I sent my first letter demanding money. I am now sending LBA (I think that is right move next) but just want to check a couple of things:

 

In the LBA it states -

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

 

Does this not include the standard 'will contact you when we feel like it' reply. Also,

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Is this right os every bank account? I dont want to say this if it isnt true but guess it must be.

 

Thanks for any help.

 

 

1st letter: Jan 8th (3k without 8%)

Standard reply: Jan 11th

[Rooster-UK]

Hi Crowe.

 

If the bank's response was not a positive and acceptable response then it was not a response.

 

Any contract that does not comply with the law is unenforcible, therefore it is implied that they will conduct themselves in a lawful manner in all respects in connection with that contract.

 

Always, stick to YOUR timetable and don't let the bank try to impose theirs.......You're driving this bus and you decide what time it runs.

 

Good luck.

Regards, Rooster.

[crowe]

Thanks for that Rooster. I am a bit concerned about the LBA as it says something like '...you have charged me in overdraft interest' but I havent worked this out. I have worked out the 8% (which I believe is to go on in a further 14 days when I file with the court) but am pretty sure I ignore this at the moment. Anyway, does this look right as I am not claiming the overdraft interst?

 

...integrity and expertise as my fiduciary.

 

I am enclosing a copy of the schedule of the charges which I am claiming, totalling £3,040. I have already sent you a copy of this in my original letter of the 22 January 2007.

 

 

I require repayment in full of this money. ..

 

Many thanks - have to send this tomorrow and really dont want to get things wrong.:-|

[crowe]

As well as the above I am not sure if I can add charges they have added to the account since my initial letter (£90 worth). Do I just say ' I enclose a copy of my schedule including additional fees' or something like that?

 

Many thanks.

[dickeggsy]

yeah , that's exactly what i did,£90 same as you added onto the spreadsheet.

it's ok as long as you haven't submitted a claim yet.

[crowe]

Can anyone help me on a prob please...

 

I posted my LBA on the 23rd on Jan, but due to the snow blah, blah, it didnt reach Barclays until the 28th. Have people been fair and given BArclays 14 days from receipt of LBA before going ahead with MCOL or should I stick to my original dates? I know it is only a little Q but want to make sure everything is correct. Cheers

[crowe]

I am completing the MCOL form now - can anyone tell me what I put in the bit that says reference details? Do I just put my account number? Thanks for any help.

[crowe]

I am going to ask this question in the hope that someone replies...

 

I have read that you should send a copy of schedule of to MCOL after you have put a claim in, but then other people say you shouldnt do this until you have an AQ - I am a bit confused.

 

What should I do immediately after starting a claim on MCOL - thank you.

[Michael Browne]

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 (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 sincerely,

[crowe]

Thank you very much MB!

[crowe]

Yet another couple of questions...

 

I have had a letter from the court, about a day after I filed on MCOL, would that be the notice of issue or notice of acknowledgement? I didnt have anyhting like that written on it. Also,

 

How will I know if Barclays have filed a defence? Will it be something on MCOL or something sent to me?

 

Many thanks

[Falcom]

I would assume the letter was a notice of issue.

 

If and when Barclays Acknowledge and/or make a defence it will show on the MCOL web site so just keep checking on there.

 

Peter

[crowe]

Hi,

 

I have been waiting for what seems like forever for Barclays to file a defence (they have until the 27th) - how will I know when they have done this? Will something happen to MCOL thing below?

 

Description

Defendant

Claim

Judgment

Warrant

Money claim for Barclays Bank PLC Issued(08/02/2007) Start

 

 

Cheers

[Coyotesj]

If Barclays respond to the claim it will show as Acknowledged with the date the court recieved the acknowledgement. When I did mine it took them about 2 weeks to acknowledge the claim and say that they were defending.

If you want any update on your claim then I would advise phoning MCOL customer service (phone number on their website) they are very helpful and can give you more information over the phone than is available when you log on via the website.

[crowe]

Many thanks.

[TANZARELLI]

Hi,

 

I have been waiting for what seems like forever for Barclays to file a defence (they have until the 27th) - how will I know when they have done this? Will something happen to MCOL thing below?

 

Description

Defendant

Claim

Judgment

Warrant

Money claim for Barclays Bank PLC Issued(08/02/2007) Start

 

 

Cheers

 

In answer to this question, wait until the last minute or beyond as they prob wont enter it before this. lol

[crowe]

It is now the 27th and MCOL is not letting me start a judgement!!!!!!! WHY?? On my paperwork it said they had until the 27th to file a defence, does that include today? Should I therefor be starting a judgement tomorrow? This is getting flipping frustrating.

[TANZARELLI]

You'll find they prob file it today or even tomorrow. If not by then the general feeling is to write to them giving them 7 days this way you have shown you have acted reasonably and it will avoid your case getting stayed which could hold it up for several weeks.

 

JMHO

[Donel261]

Message deleted - posted to wrong thread.

[crowe]

You'll find they prob file it today or even tomorrow. If not by then the general feeling is to write to them giving them 7 days this way you have shown you have acted reasonably and it will avoid your case getting stayed which could hold it up for several weeks.

 

JMHO

 

Could you give me an idea of what to say - I am terrified of putting myself in it with them.

 

Would it be along the lines of 'As 14 days have now passed since you were issued I would request a full refund of the monies requested to avoid a judgement'?

 

Cheers

[dickeggsy]

don't panic mate , you said you filed your claim on or around the 7th feb.

they have 5 days for it to be served.

14 days to acknowledge.

14 days to defend , giving them 33 days in total.

you have until around the 12th of march for them to defend , but you should recieve a letter from MCOL letting you know they have acknowledged .

so don't worry , just keep on waiting , they will defend no doubt.

[crowe]

Ha Ha Ha! 5 o'clock on the last day to acknowledge and they do it. They really do like to leave us hanging on dont they?

 

I really dont like Barclays Bank.

[crowe]

Barclays have not submitted a defence and I am now eligible for a judgement. Can someone please suggest the best way forward from here. I really want to start a judgement (just because I can) but am aware thet this might not be the best way to go.

 

If I send a letter what should go in it?

 

Any help very much appreciated. Thank you.

[TANZARELLI]

Barclays have not submitted a defence and I am now eligible for a judgement. Can someone please suggest the best way forward from here. I really want to start a judgement (just because I can) but am aware thet this might not be the best way to go.

 

If I send a letter what should go in it?

 

Any help very much appreciated. Thank you.

 

 

They will prob enter it late.

 

If you want you can write giving them a further 7 days to do this or you will be applying for a judgement.

 

Keep it short and sweet as you will prob find they will enter one anyway, late, and it will be allowed. Not fair I know but they seem to be allowed to do this.

 

Tanz