Poisoned Monkey v Barclays ***WON***

[poisoned_monkey]

Hi

 

First post in new thread

 

 

Sent my S.A.R request 4/1/07

Statements received 31/1/07

 

Just a quick question.

 

Worked out charges total £1135

 

I know i can only claim back 6 years but is that 6 years from the date i asked for my statements or when i received my statements?

 

 

cheers

 

mark

[poisoned_monkey]

Can anyone help with this one??

 

 

Do i go back 6 years from todays date or the date i made my s.a.r??

[msawouldlikejustice]

Claim from the date you put in your claim, the bank statements will cover the six years, if you requested your statements for the last six years.

 

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

[Rooster-UK]

The courts have started classing the six years as being up to the date of issue of the claim, by the courts.

[poisoned_monkey]

I've only included charges from the date i sent my initial letter asking for repayment.

It means i miss out on one charge but im not too bothered about that.

 

 

Received reply to initial letter 8/2/07.

 

The standard letter were very busy will reply within 4 weeks blah blah blah

 

will give them the 14 days ( 15/2/07 ) then send the LBA.

[poisoned_monkey]

just about to send my L.B.A tomorrow

 

 

Does it matter if i dont include the overdraft interest and the charges only??

 

It seems really akward to work out so ive just left it out,

 

Will it affect my chance of winning if i leave it out??

[Michael Browne]

It seems really akward to work out so ive just left it out,

 

That's fine, people often don't bother.

[poisoned_monkey]

Arrived home last night to find a letter from Barclays.

 

 

Offering just over 50% of my claim as a goodwill gesture.

 

Im due to send my L.B.A today

 

Is it ok to send a standard rejection of offer letter with my L.B.A or should i send both letters seperatly??

 

Was quite tempted to take the offer but then i think if there prepared to offer half after my inital letter its worth taking it all the way to get the amount in full.

[poisoned_monkey]

Actually looking at it closely,

 

 

My offer letter has came from the following address:

 

Judith Harris

Customer relations

po box 449

Swansea

SA1 5WY

 

Do i send the rejection letter to this address??

 

And continue with my L.B.A to the registered London Address?

[sandbag]

Arrived home last night to find a letter from Barclays.

 

 

Offering just over 50% of my claim as a goodwill gesture.

 

Im due to send my L.B.A today

 

Is it ok to send a standard rejection of offer letter with my L.B.A or should i send both letters seperatly??

 

Was quite tempted to take the offer but then i think if there prepared to offer half after my inital letter its worth taking it all the way to get the amount in full.

 

Hi monkey - i amended the LBA to reflect that i was rejecting the offer - i edited the LBA to say that i was sorry that Barclays have not responded ' 'positively' to my request for payment and that i would be continuing to court for the rest of my claim. I also sent all my correspondence to the head office at the Churchill place address.

Hope that helps

Regards Sandbag.

[poisoned_monkey]

Thanks for that!

 

I seem to find it really easy to get myself completely confused with this

[poisoned_monkey]

Another completely random question

 

 

Thinking into the future

 

Unless Barclays pay up im due to file MCOL on 3/3/07

 

Im off on holiday for 2 weeks on the 4/4/07.

 

What would people advise to do?

 

Do i continue to my set plans or when i return from holiday send another LBA and continue on from that stage again??

[poisoned_monkey]

Any ideas folks?

[Falcom]

I think you should be OK

 

From Filing MCOL Barclays have 33 days to defend (5 days for issue + 14 days to acknowledge + 14 days to defend = 33). If you file on 03/03 that takes you to 05/04. Now if Barclays fail to defend you would be away admittedly BUT Barclays do normally defend (the ones they have not is probably because they are snowed under).

 

It then takes about two weeks for an AQ to come throught the post which take you to 19/04 and you then have to submit the AQ within a time limit specified with the AQ (mine was 14 days) so if thats the case you hvae until 03/05. So you should be back from you holiday on time.

 

If you want to besure you could delay submitting your MCOL by a week maybe to give you a little bit more leeway.

 

Just My Opinion.

 

Peter

[poisoned_monkey]

Thanks for that

 

So it wont make to much difference if i delay filing MCOL for a week/ 2 weeks.??

 

I just really dont want to mess things up.

[Falcom]

No I dont think it will mess anything up but I wouldnt delay more than a couple of weeks - I am not sure what the official line is on how long from expiry of LBA to submission of MCOL is considered OK but I would have thought 2 weeks was fine.

 

Just my opinion.

 

Peter

[poisoned_monkey]

Thanks for that you've been a great help!

[poisoned_monkey]

Update

 

 

MCOL Filed 19/3/07

 

£1404.84 inc 8% interest.

 

MCOL Issued 20/3/07

 

 

 

Now the Waiting game begins!!

[poisoned_monkey]

Just an Update

 

Barclays acknowledged the claim 4/04/07

 

Barclays Issued Defence 18/04/07

 

Wait for my A/Q now.

[poisoned_monkey]

25/04/07

 

Received the bog standard defence give or take a few words.

 

No A/Q required.

 

No court date set do i receive that later???

 

I've sent a further set of charges im claiming to Barclays.

 

Is there anything else i need to do??

[poisoned_monkey]

Any ideas anyone??

[torigirl_uk]

Hey P Monkey,

Theres two things you could do -

One sit back and wait for the courts to get intouch with you about court dates etc..

or

Not promoting my thread or anything;) but there is a couple of letters you could send in responce to not recieving an AQ and you reccommend the small claims track and the best way to go.

Tori

[poisoned_monkey]

Thanks for the reply.

 

I'll have a look at your case now!

[torigirl_uk]

Good luck - theres a lot of reading there, but if you just have a look at the last 3-4 pages it'll be there:)

[poisoned_monkey]

Thanks again thats really helpfull!

 

We seem to be pretty much at the same stage give or take a few days