JackG - V- Barclays Bank

[JackG]

Hi Dar£n

 

You're right, part 1 does say,'The particulars of claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges n the Claimant's account for unauthorised borrowings (whether unpaid feed for returned cheques "paid referral fees" or any other such fees), the defendent puts the claimant to strict proof of each charge and the date thereof.

 

 

Are they saying that they have not rec'd my SOC's which I have sent 3 times already and by recorded delivery!

[JackG]

Hi Saintly_1

 

Yes, it was signed by Adrian St John of 1 churchill place, london

[dar£n]

Jack, if you have not sent an updated SOC to both parties since receiving a copy of their defence send it now by recorded delivery, we all know you have sent it previously but they use it in an attempt to get the claim slung out.

[johnnymitch]

Jack, I would also check with your local court as to whether an AQ fee is payable even though there is no AQ. Apparently some courts are still asking for the fee, and sometimes they haven't told the claimant that it's required. This could result in a hiccup with procedures.

Just ring the court and ask, - if they say 'No fee required' get a name of who told you.

 

Then sit back and wait for a court date - when you get the court date send a gentle nudge letter to Adrian St John - My experience is they'll offer you full settlement about 2-3 weeks before that date. (I've just had my full settlement offer (25 May) and my court date was 12 June.

 

Stick with bit Jack , you're doing fine - it'll work out in the end!

[JackG]

Morning all,

 

Thanks yr replies you two. Do I send uptodate SOC's to Adiran St John and Barclays, or Adrian St John and local Court, not clear who?

 

Will ring Court today and ask re' fee for AQ.

 

thanks again, can feel it's getting closer now and could really do with Court date so know timescale I've got.

 

Congrats Johnnymitch on your full settlement offer, thats good to know Barclays are not messing right at end and seeing sense.

 

Best wishes to all

[dar£n]

Jack, now that you have started court proceedings ALL correspondence will be sent to the Litigations Team at Barclays, 1 Chirchill Place, London E14 5HP.[Recorded Delivery]

 

Send an updated SOC to both B's and the court with this letter:

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

[saintly_1]

send to Adrian St John and the court

[Johnsworld]

Just a quickie about the updated SOC?

 

Is that referring to the latest uptodate spreadsheet of charges and interest or another copy of what went on my N1?

 

Thanks,

John.

[saintly_1]

The latest updated spread sheet

[Johnsworld]

Cheers Saintly! I'm OK then. I was a bit worried for a moment.

 

Thanks,

John.

[JackG]

Sorry Dar£n

 

Thanks your link to letter template, but when I got there could only find letter to Court to accompany my SOC, could not see a letter that would accompany it to Barclays Sols, do you have any idea what to write to them as need to get wording correct

 

thanks yr help tho' as I wouldn't have been able to get this far without it, that much I do know

[dar£n]

Sorry Jack, I should have added, just amend it to the Barclays details instead of the courts........Soz!!!!!!!!

 

Litigation Dept,

Barclays Bank Plc

1 Churchill Place

London

E14 5HP

[saintly_1]

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.

 

This is the teplate letter from here http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

so i imagine that it should be ok for use now

[JackG]

Cheers Dar£n and saintly_1 for yr swift replies.

 

All done now and will send off 1st class recorded delivery tomorrow

 

Just awaiting court date then all systems go..........I hope!

 

best wishes to all

[JackG]

Hi all, just an update so far

 

Still have not heard re' court date so getting rather anxious now as thought I'd hear pretty much straight away.

 

Sent updated SOC's to Adrian St John and local court that hearing has been allocated to, haven't yet rang Court to check if AQ fee required but must do that tomorrow, just had so little time lately.

 

Been reading latest news on Hull court striking out claims - wondering when other courts will follow.........

 

Hope mine not first with my local court, just have to wait and see.

 

Good luck to all with claims, keep fighting on

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/87993-beaky79-barclays-defence-struck.html

 

One for CAG

[JackG]

Hi saintly-1

 

that was a great thread, brill news isn't it?

 

Just when you read a bad one, a successful one pops up too.

 

maybe I'm just a little impatient, has anyone rang their local court and asked for a hearing date yet? I need to ring them to see if I have to submit AQ fee even tho' AQ has been dispensed of..... so if anyone thinks its good midea to ask what happening with my court date, then I willl ask that question too.

 

Just wondering..........

[CAZKATJOE]

You will still have to pay the £100 fee for the AQ even if it has been dispensed with.

 

When you phone ask when you should expect a date through, i did and was told at the end of June and low and behold a date came through the next day for the 21st June. So dont be afraid to ask, the worst they can say is we are not sure at the moment.

Good luck, hope you get the answer you are looking for

Caz

[dar£n]

You will still have to pay the £100 fee for the AQ even if it has been dispensed with.

Caz, although they made you pay the fee, it is at the judges discretion whether to request it.

[johnnymitch]

Not everyone has been required to pay the AQ fee Caz, that's why I said in thread 104 to check with the court and if they say not required, get the name of who told you. If you have to pay the fee don't forget to update your SOC before you send it to DG.

 

Jack, there's no harm in asking when you ring the court if they can give you some idea of a date - they're definitely getting busier though, so it's a case of 'more patience' I'm afraid. But you've done well, Jack , the worst is over - a court date is all you need and the rest will follow.

Obviously, they're having to settle the ones which are getting near to court before the others, so the court date is the cruncher!

Stick with it, Jack, you've earned it!

[JackG]

Hi Johnnymitch

 

You're right, I spoke to Court today and they said they had just received notice of transfer of proceedings and when I asked if a court date would be soon they said it would be at the Judges discretion but that I would hear within the next week. I then asked re' AQ fee as on my Notice of Transfer of Proceedings' where it mentions AQ should be completed and returned to my local court was crossed out, when I asked them if a fee was applicable, they said it would also be at Judges discretion and that I would hear regarding everything in about a weeks time, so there, my questions answered all in one go. So, afraid wil just have to sit it all out and wait again.

 

Hope its soon as going on hols in 61/2 weeks time and would like it all over and done with before I go instead of it dragging on.

 

thanks yr input everyone, you are all really supportive and helpful, don't feel I give much input, but still not confident of anything I do so don't feel able to advise anyone at all.

 

thanks again and will keep you all posted when I reach next stage of game!!!

[johnnymitch]

I've always found the courts pretty helpful , Jack, I think they're cheesed off with the banks using them as a stick to beat the poor customers into giving up - but we won't give up, will we?

 

It would be nice to get your money to go on holiday with, - maybe touch and go though, depending on your court date.

 

Just to motivate you further, Jack I can tell you - I got my cheque this morning from Barclays!!!! Eighteen hundred + smackeroonies !!!!!

YIPPEEEE!!!

 

MAKES IT ALL WORTHWHILE EH??? :D

Hang in there, girl, keep in touch - it'll be your turn soon.

Cheers

John

[JackG]

Thats absolutely brill!!! Good for you and well done.

 

It does make it all worthwhile in the end, I can see that. Just when I'm feeling despondent someone comes back with great news like that.

 

 

Congratulations on your win and receiving your cheque today.

 

HAPPY SPENDING!!!!!!!!!!!!!!!!

 

 

 

 

Thought they put it straight into your accout, or do you get a choice. Would be nice to know?

[JackG]

Just another thought?

 

Should I pm a moderator to let him know of transfer of proceedings to local court, or should I wait until Court date and then inform him?

 

Can't quite remember..............altho' maybe my thread is being watched over???????? (hopefully, for me)

 

 

thanksxx

[johnnymitch]

Thanks ,Jack , I hope that's encouraged you a bit!

 

 

Thought they put it straight into your account, or do you get a choice. Would be nice to know?

 

The account with Barclays was closed in Dec 2004 after they charged £30 on 3 consecutive days - 22,23,and Xmas eve!!

Who said revenge is a dish best served cold?

 

I asked them to pay by cheque - and I can't see any reason for them refusing anyone, unless there's still an excessive overdraft problem.

Has anyone else got any thoughts on this?