Boba Fett VS Barclays Bank PLC ***WON!***

[Boba Fett]

Firstly, hi to everyone!

 

This is the start of my journey... encouraged by all my peers on here.

 

I have two accounts with Barclays (one I closed a year ago)

 

I have written asking for statements for last 6 years as per the standard first letter. Sent recorded on Mon 24th Jan

 

Received standard "... before 2000 records are stored on paper and as such it may take longer.... blah blah" letter, on Monday 31st Jan.

 

I'll just count the days waiting for the statements, and will keep you updated.

 

Am also writing to Smile (Co-Op) via "Secure Messages", but taking the more polite route, as I like this bank (apart from the charges!!!)

 

Cheers!

 

Boba Fett

[bennyowen]

Hi

 

You have come to the right place.

 

Good luck

[Boba Fett]

Still no news from Barclays, looks like they are using the whole 40 days...

 

Shame I didn't keep all my statements as this would have speed up the process some what!

 

Oh well, will keep waiting!!!

 

What is the usual leadtime for Copy of Statements from Barclays at the moment?

 

Cheers

Boba

[msawouldlikejustice]

It does vary from person to person, time limit expired when i sent of my s.a.r and i had to send off the failure to comply letter, statements came 4 days after that.

 

Barclays are certainly one of the worst for delaying at every step.

 

I have just started a thread which may be usefull to you in the future... http://www.consumeractiongroup.co.uk/forum/barclays-bank/62975-barclays-tactics-what-you.html

 

To follow my claim against barclays Msa V Barclays Bank 5 days till court

[Boba Fett]

OK... while waiting for the statements, I have drafted up my first letter.

 

I know that there are loads of existing templates, but I thought it may be a good idea to quote some of the more recent activities in the letter, which would

 

a) Show them I am learned (thanks CAG)

b) Make it clear that I will pursue to the end

c) Show that the courts are getting fed up...

 

Here is the draft letter, comments are welcome, nay, encouraged...

 

After summarising the total “Penalty” charges accrued on my accounts over the last 6 years, I believe this money was taken unlawfully.

 

I also consider this to be Unauthorised Borrowing, which according to your published rates is subject to monthly interest rate of 2.05%.

 

According to the law, “fairness and balance” require that both parties to a contract are equally bound by it, and equally liable to pay compensation for failure to abide by it.

 

As such I am requesting a full refund of the “penalty” charges along with the accrued compound interest as per the attached schedule of charges. The total claim being £xxxx

 

I request a sincere dialogue with you regarding this matter, along with confirmation that you will be issuing a full refund, within the next 14 days. Should I receive no such response, I will write again to request this payment be made. You will then receive a further 14 days to respond.

 

Should I not receive full remuneration in response to this request and within the timescales presented, I will be filling a claim in the County Court.

 

I would, at this point, refer your attention to the large quantity of similar claims being made upon yourselves and other financial institutions, and put it to you that in most instances, full payment is denied until such time as a court date is set. I also put it to you that all such institutions allows the court process to drag until the last moment at which point a full settlement is made.

 

Should this discussion proceed to an application at the county court, the following request will be made of the judge:

 

“Please consider striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.”

 

I will also, at the courts discretion, be requesting a standard disclosure for a breakdown of your penalty charging system, in order to prove that your charges are not in line with the true costs incurred by you, thus rendering them unlawful.

 

The following paragraph is phrased from the OFT “Unfair Standard Terms” as empowered by the Enterprise Act 2002.

 

“Consumers should not have to pay more compensation than is really needed to cover the damage they should have realised their default would cause. As well as being potentially unfair – see Schedule 2 paragraph 1(e) – excessive penalties are unenforceable under the general law.”

 

Please make no mistakes that I will pursue this claim through the court system if necessary, so with this in mind, sincerely request full payment with the due timescales, which will limit your liability furthermore.

 

Yours faithfully,

 

Thanks,

Boba Fett

[msawouldlikejustice]

Impressive, that sounds spot on, it should give the legal clerks at Barclays something new to read.

 

Good Luck.

[Boba Fett]

OK, so I got 4 A4 envelopes stuffed full of 6 years worth of statements...

 

Spent all evening sorting through them all, talk about flick-book of your life! Was very weird!

 

Anyway, the totals are:-

 

Account 1: Fees £425, Stat Interest £704, Total £1129

Account 2: Fees £665, Stat Interest £300, Total £965

 

Grand total = £2,094

 

As you can see, account 1 was the older account, hence the higher compound interest rate.

 

So, have finalised the letter and schedule of charges, which are going 1st Class today! (09th Feb 2007) so they have until 23rd Feb to respond...

 

Cheers,

 

Boba:cool:

[Boba Fett]

NO LETTER FROM BARCLAYS AT ALL!!!

 

LBA going on Monday!

 

Hmpfff

[dickeggsy]

thats the way to do it . stick to your timetable , response from the bank or not.

[Boba Fett]

Won against Smile - here, if only Barclays were as helpfull!!!

 

Still onward march!

[Boba Fett]

Just filed NI MCOL against Barclays!!! (Northern Ireland)

 

https://www.courtsni.gov.uk/SmallClaimsOnline

 

Feels very good!

 

Doing major reading up now on what next...

 

Have submitted the online claim, and from what I understand as soon as I receive a claim ref; I need to post 2 copies of the schedule of charges to the court.

 

After which I wait until further instruction?

 

Cheers & wish me luck!

[Boba Fett]

OK. Received confirmation that the claim has been processed.

 

Then received the following warning as the claim is originating in Northern Ireland, but a judgement would need to be enforced in England...

 

Our Ref 07/030944

 

 

20 March 2007

 

Dear Mr Fett

 

 

Re: BOBA FETT V BARCLAYS BANK PLC

 

 

I am unable to process your documentation until the undernoted matters are attended to:

 

Your small claims application requires service in England/Wales. I have endorsed the application with

the required certification, which you are required to sign and date before returning. Before you decide to proceed with the application it is important that you are aware of the following factors:

 

1. It takes longer to obtain a decree as additional time is required for service outside the jurisdiction.

 

2. If you are sucessful in obtaining a decree and wish to enforce it, you can only enforce it through the

enforcement procedures in England/Wales.

 

3. It is possible in most cases to initiate proceedings in England/Wales where the defendant resides.

 

If you would like further information on the registration or enforcement procedure in England/Wales you

should contact the Queens Bench Action Department of the Central Office of the Royal Courts of Justice, Strand, London, WC2A 2LL (Tel No 020 7947 6089).

 

However, if after considering these factors you decide that you wish to proceed in this jurisdiction, please return the forms and I will process them for service.

 

Yours sincerely

 

CourtsNI

 

Now, I dont think things are as bad as this, and chances of a judgement are slim anyway!

 

So I will draft a letter back to them, saying to charge on full steam ahead. Will also enclose my Schedule of Charges with my reponse letter...

[Boba Fett]

OK - Here is my letter back to the court:-

 

21st March 2007

 

Civil Processing Centre

PO Box 882

Chichester Street

Belfast

 

Mr Boba Fett VS Barclays Bank PLC

Claim Reference : 07/030944

 

 

 

Dear Ms xxx,

 

Thank you for quickly processing my claim, and for informing me of the situation regarding enforcement of Northern Ireland judgements in England.

 

I heed your warning, but would like to proceed with the claim in Northern Ireland, as I believe that the likelihood of a judgement is low.

 

My reason for this being that many banks, Barclays included, have been using the judicial system to stall claimants and in some instances intimidate them. This statement is based upon fact of over 300 claims of which I can supply court reference numbers, whereby the Banks have made settlement offers immediately before hearing dates.

 

In light of this I would respectfully request that the following option is considered:-

 

“Claimant requests the court to consider striking out the Defence as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled out of court.”

 

as I understand that this direction has been successfully used in England to quickly resolve these claims:-

 

I have also attached a copy of the “Schedule of Charges” which has been supplied to twice Barclays bank, the first letter being in excess of 28 days ago.

 

As such I will await further notice.

 

Yours sincerely,

 

Boba Fett

 

What do you think???

[dickeggsy]

nice one mate , keep the pressure on , you will get there.

good luck.

[Boba Fett]

Well, seems the courts here in Northern Ireland are a bit slow...

 

Today, I have seen confirmation that the claim details are accepted, here is the case summary as seen when I check the progress...

 

02-Apr-07 Case Response Received

28-Mar-07 Received ON-LINE RESPONSE TO QUERY

20-Mar-07 Returned for Query RETURN FOR QUERY

20-Mar-07 ONLINE APPLICATION FORM

20-Mar-07 Registered

 

How long does the "Defendant" have to respond to the claim?

 

Will keep updated as case progresses.

 

ANY MODS CAN YOU ADD THE DETAILS TO "LITIGATION IN PROGRESS"?

 

Thanks

 

Boba

[dar£n]

How long does the "Defendant" have to respond to the claim?

 

28 days from acknowledgement but dont get disheartened when they enter the defence after this date. one guy tonight stated it was 8 DAYS AFTER the deadline.....this is making a joke of the system.

[bornagainthrifty]

one guy tonight stated it was 8 DAYS AFTER the deadline.....this is making a joke of the system.

 

Barclays have - as far as I have read (and experienced) a habit of breaking the deadlines and getting away with it. Don't get disheartened tho' we WILL get there in the end.

 

BAT

[Boba Fett]

thanks guys, will update you as case progresses!

[Boba Fett]

Aaaargh! Just spoken to Northern Ireland courts service, and because Barclays is a London address, they get 6 weeks to respond to the claim!!!

 

This gives them until the 15th May until I can ask for a Judgement

 

Thats ages away, and I still haven't heard a peep from Barclays!!!

 

Oh well...

[Boba Fett]

Hi all,

Quick update, Barclays did not file a defence, so I clicked on Default Decree.

 

The Decree has been issued to me, and transferred to the local court for a hearing.

 

I thought the amount would be enforceable directly after a decree has been issues, but this is not the case for Unliquidated claims...

 

My hearing date is the 28th August at Newtownards County Court. Claim ref: 07/030944

 

Anyone any experience of this, as I was just expecting a decree shortly followed by payment

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

there are several contact details on this thread

[Boba Fett]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

there are several contact details on this thread

 

Excellent! Cheers!

[Boba Fett]

Bump

 

Help??? Mods??? Any experience of this??? I can't get hold of ANY barclays litigation team... do I just wait until August then?

 

Hi all,

Quick update, Barclays did not file a defence, so I clicked on Default Decree.

 

The Decree has been issued to me, and transferred to the local court for a hearing.

 

I thought the amount would be enforceable directly after a decree has been issues, but this is not the case for Unliquidated claims...

 

My hearing date is the 28th August at Newtownards County Court. Claim ref: 07/030944

 

Anyone any experience of this, as I was just expecting a decree shortly followed by payment

[Boba Fett]

Bump Bump

Copy of letter from Court regarding the hearing:-

 

Your Ref

Our Ref 07/030944

13 June 2007

Dear Sir/Madam

Re: BOBA FETT V BARCLAYS BANK PLC

Small Claims For Assessment

Take notice that the above matter has been listed before the District Judge at 10:30am in Court 3 on 28

August 2007 at Newtownards Courthouse.

 

If you are the applicant you are requried to attend the hearing and bring all relevant documents with you.

 

If you are the respondent you may attend the hearing if you wish but you must inform the applicant and

the office in writing if you intend to do so.

 

Yours faithfully

Ian Simpson

Listing Officer

[saintly_1]

Send an email to Dino from the above mentioned link