My £42000 claim

[crfx250]

AND THEY'RE OFF!

 

I held a Barclays current account from 1977 until the bank closed it down 2003 when I was struggling with money. Now I'm doing ok I've decided its payback time.

 

I first requested copy bank staments last October when I walked into a nearby branch and demanded that the manager dealt with my request then and there. In a pathetic attempt to put me off,

she told me that copy statements would cost £5 PER SHEET and that because I no longer held a Barclays account, they had no garentee I would cough up and declined my request. Calling her bluff

I returned to the branch 10 minutes later and through £1000 in cash over the counter at her and ran off. She had no option other than to open an account on my behalf to account for the cash. Problem solved.

solved. Although having said that, I still hav'nt got them!

Fed up with waiting, I yesterday issued 2 claims through MoneyClaimOnline. The first for £4800 covering 2001 to 2003 and the second for nearly £38000 (as niether I nor the bank have statements going back beyond the year 2000, I averaged out the charges from 2001 and applied it to the entire period).

 

 

THE 6 YEAR LIMITATION RULE

 

 

Unable to accept the bank's insistance that only 6 years worth of charges can be claimed for, I challenged the bank as to exactly who's ruling this was. Barclays 'view' was that any contractual dispute

is subject to a statute of limitations of 6 years. My claim is on the basis that the contract is unfair and therefore not valid, so the statute cannot apply.

 

AM I MAD?

 

Possibly.Well, probably. It's cost over five hundred quid just to file the claim and there is a real possibilty that if I lose I will be liable for their court costs. But I feel that one has to speculate to accumalate.

 

My strategy has been not to put ANYTHING in writing (aside from MoneyClaimOnline) throughout all my dealings with the bank. That way any mistakes I make are not recorded. I deal exclusively with the manager

of my local branch (besides,you cant grab a letter by the throat) and although they're threatening to ban me from the branch (I can get quite vocal), i'll just declare war on another branch.Yes, they still have

more than one! My guiding principal in all of this is: If you HAVE to kick a window in, then use both feet.

 

Remember, we're not dealing with fellow humans here, we are dealing with bankers, [edit], who are addicted to other peoples' money. I'll let you know how it goes.

[Glenn UK]

In response to your question, yes i think you probably are!

 

Best of luck

 

Glenn

[elsinore]

If you HAVE to kick a window in, then use both feet

 

I tried that once and hurt me coccyx!

 

I'll let you know how it goes.

 

Can't wait!

 

Elsinore

[BankFodder]

If this is serious then I think that you are making a very bad mistake.

 

Could you let us have your litigation details please.

[crfx250]

If this is serious then I think that you are making a very bad mistake.

 

Could you let us have your litigation details please.

 

Bankfodder,

 

I'd be happy to oblige but what do you mean by litigation details? My MoneyClaimOnline claim?

[crfx250]

Your Claim Numbers, Amounts etc PM to Bankfodder

 

if you could post the text of your particulars of claim used on this thread (exclude your account number of course) that would be of interest.

 

Particulars of Claim

Unlawfull penalty charges incured between

1977 and 2000.

 

Barclays have told me that

they refuse to look at these charges

further back than 6 years as 'contractual

claims are subject to a statute of

limitations for a six year period'.

But I, and many other people and

organisations, believe that the contract is

unlawful and therefore cannot be valid. That

being the case, these penalty charges are

simply a form of theft which is not subject

to a statute of limitations.

I mean if the roles were reversed and I had

robed the bank 7 years ago, could I play

the same card? Err no.

 

Therefore I have calculated the amount

being claimed based on the charges made

during 2001 to 2003 for which I have

statements for.

[crfx250]

If this is serious then I think that you are making a very bad mistake.

 

Could you let us have your litigation details please.

 

Bankfodder

 

I cant seem to mail you. Let me know and I'll send you the pdf files

[Robertxc]

Particulars of Claim

Unlawfull penalty charges incured between

1977 and 2000.

 

Barclays have told me that

they refuse to look at these charges

further back than 6 years as 'contractual

claims are subject to a statute of

limitations for a six year period'.

But I, and many other people and

organisations, believe that the contract is

unlawful and therefore cannot be valid. That

being the case, these penalty charges are

simply a form of theft which is not subject

to a statute of limitations.

I mean if the roles were reversed and I had

robed the bank 7 years ago, could I play

the same card? Err no.

 

Therefore I have calculated the amount

being claimed based on the charges made

during 2001 to 2003 for which I have

statements for.

If you go into court with this claim form, it will be thrown out on the spot by the judge, and Barclays will be awarded costs. I think you should budget about £2000 for this claim, to cover Barclays costs.

[crfx250]

Robertxc

 

Thanks for that. Inspiring stuff!

 

But if I do need any legal advice, I'll ask a proffesional...

[Robertxc]

Robertxc

 

Thanks for that. Inspiring stuff!

 

But if I do need any legal advice, I'll ask a proffesional...

I think that's probably a good idea.

[Glenn UK]

Hi there

 

I think you particlars of lciam are likley to be insufficent and the Defendant is likley to send you a letter saying somehting along the lines of 'we are embaressed......'

 

I would suggest that you have a look in the library templates and have a look at the section for completion of a N1.

 

if it helps you could have alook at particualrs of claims posted by others, mine are on my threads for Glenn Vs Barclyacrad and glenn Vs Abbey.

 

They may give you some ideas.

 

HTH

 

glenn

[Guest bong]

I don't wish to insult you in any way crfx, I can understand your feelings about the injustice that has gone on, but I can't understand why you would put in a claim like this (I'm referring to the wording of your particulars and also getting a prior assessment of your chances of succeeding) and risk losing the court fees you have paid. Was your claim for 2001-2003 also worded similarly?

[Guest The Terminator]

I think you would be lucky to get over the first hurdle.Take Glenns advice and fill out the POC properly and before going in like a bull in a china shop read some of the other threads.There is a right and wrong way about going about things in my opinion your going the wrong way.

[crfx250]

Bong

 

No insult taken. With regard to the wording of the claim , I cant really see what all the fuss is about. It might lack a little polish and maybe it

could use a legal term or two thrown in but hey, I'm no legal expert, I'm

just a bloke. What does the judge expect from me? The Maastricht treaty?

 

The wording of my 2001/2003 claim is simply:

 

Unlawful bank penalty charges from 2001 to

2003

As to the risk of losing the court fee and the potential legal costs of the

bank, it would have very little impact on me. I made most of my money from exposing the bad practices of telecommunications companies in the same aggresive style and it aint done me no harm yet.

 

I heard a great quote this morning from the union leader who represents

the BA cabin crew in thier dispute with the managment.

 

'A reasonable man will not succeed in negotiation'.

 

And that pretty much sums it up for me.

 

I'm not in any way saying that approaching things in this way is better than going the conventional route. It's just that for me, the entertainment

value and fun factor far exceeds the monetary gains or losses it brings. And at my time of life I need all the laughs I can get

[crfx250]

I think that's probably a good idea.

 

 

Robertxc

 

LOL nice one

[Glenn UK]

crfx250

 

Its up to you, but your particualrs of claim are very brief and its likley the banks will write a letter such as i suggested.

 

If this happens your claim will get struck out unless you amend them with something which gives more details.

 

If you dont know how to do this, thats no problem there are examples on here and people who can help you.

 

Im not sure if your are mad or stupid, no offence, but your ridng for a fall and it would be a shame if that came at the expense of some costs awarded against you.

 

Best of luck whatever you decide to do,

 

Glenn

[Josamolly]

crfx, if you get your £42000 with a claim like this i will walk from Lands End to John o Groats with my pants on my head... You make a march hare look sane.

 

Just my proffesional opinion.

[itsamomentintime]

crfx, if you get your £42000 with a claim like this i will walk from Lands End to John o Groats with my pants on my head... You make a march hare look sane.

 

Just my proffesional opinion.

 

 

 

lol i agree 100%

 

crfx250, drop the sarcasm and get serious - you are amongst friends here, take our advice already

[elsinore]

.

 

Just my proffesional opinion.

 

Ouch!

 

Elsinore

[Mindzai]

Particulars of Claim

Unlawfull penalty charges incured between

1977 and 2000.

 

Barclays have told me that

they refuse to look at these charges

further back than 6 years as 'contractual

claims are subject to a statute of

limitations for a six year period'.

But I, and many other people and

organisations, believe that the contract is

unlawful and therefore cannot be valid. That

being the case, these penalty charges are

simply a form of theft which is not subject

to a statute of limitations.

I mean if the roles were reversed and I had

robed the bank 7 years ago, could I play

the same card? Err no.

 

Therefore I have calculated the amount

being claimed based on the charges made

during 2001 to 2003 for which I have

statements for.

 

You must be having a wind up. That's the only conclusion I can come to after reading this! Not only do these particulars present no legal basis for bringing a claim whatsoever, you also use the phrase "err no"!

 

If you're serious, which I doubt very much, it's not just legal help you need :o

[thecornflake]

I'm afraid I also have to echo the previous posts.

 

1) By not notifying the bank in writing before submitting the claim you are not giving them reasonable time to settle. Whether they intend to or not is no matter - the case could easily be thrown out on this point alone. Unfortunately some rules can't be bent or broken when it comes to claiming from banks, especially for the amounts you are claiming for.

 

2) Your POC are not stating which points of law you are basing your claim on, again another point that could see the claim thrown out.

 

3) If you do want your money back (and we would love to see a claim for £38000 or whatever it was go through) you do need to read the FAQs and templates in the library section. Otherwise you're firstly throwing your money away and secondly giving MORE back to the banks as they will be awarded costs.

 

It's up to you how you do this of course and we can only advise. Good luck however you choose to continue.

[crfx250]

Hey lighten up you lot. Where's your sense of humour? As I said, I'm doing things this way for fun and not to score legal brownie points on CAG. If I lose you can rest assured I'll be retaining the services of a solicitor to fight em thier way but until then, I'm gonna have a giggle or two along the way. And I dont give a monkeys about the financial consequences because fortunately I dont have to.

 

The only people I'm winding up is the bank. Please find below:

 

 

 

In the Northampton County Court

Claim Number 7QZ09374

Claim Description Bank money 2

Court Address: NN1 2LH Northampton 21-27 St. Katharine's Street

Claimant [address removed for oP security]

First Defendant Barclays bank plc London 1 Churchill PlaceBarclays Bank Plc

E14 5HP

Particulars of Claim

Unlawfull penalty charges incured between

1977 and 2000. Barclays have told me that

they refuse to look at these charges

further back than 6 years as 'contractual

claims are subject to a statute of

limitations for a six year period'.

But I, and many other people and

organisations, believe that the contract is

unlawful and therefore cannot be valid. That

being the case, these penalty charges are

simply a form of theft which is not subject

to a statute of limitations.

I mean if the roles were reversed and I had

robed the bank 7 years ago, could I play

the same card? Err no.

Therefore I have calculated the amount

being claimed based on the charges made

during 2001 to 2003 for which I have

statements for.

Amount claimed 38576.00

Court fee 400.00

Solicitor.s costs 0.00

Total amount 38976.00

Issue date 25/01/2007

 

Service date 30/1/07

[Robertxc]

This isn't going to wind them up. They'll give this to the YTS to deal with. A much better way to wind them up would be to do a proper claim for loads of money. You propable have a good case to get loads of charges back, but you've got sod all chance with this claim.

[Mindzai]

This isn't going to wind them up. They'll give this to the YTS to deal with. A much better way to wind them up would be to do a proper claim for loads of money. You propable have a good case to get loads of charges back, but you've got sod all chance with this claim.

 

Exactly. The only people you'll wind up with that is the Court. You might think it's a giggle, but the bank are the ones who will really be laughing.

 

If you want to annoy them, do it properly. If it's one thing they hate it's paying money to us.

[Robertxc]

Don't imagine for one second that Barclays are going to send a lawyer all the way to Northampton to get it kicked out either. all they'll do is fax some written instruction to a local agent - who spends all day in the court anyway - and he'll spend all of 30 seconds having it struck out by the judge. He'll also be instructed to ask for Barclays costs, which the judge will agree to.