Barclays have filed @ County court 4 Overdraft

[Papyron5]

Barclays Bank have withdrawn my overdraft, filed at county court to retrive their funds, what should I do good people?

 

I have already filed my 14 day mandatory acknowledgement.

 

Do I go ahead and file a counter claim?

 

Need advise despearately to nail these you know what!

[telewest]

edited

[Papyron5]

Thanks Telewest, I am new to this wonderful site, I am finding it difficult to navigate it, please bear with me.

 

I had a voluntary arrangement to clear the overdraft. Started receiving threatening letters and calls. Next I knew, they have put a defAULT ON MY CREDIT FILE AND SENT IT TO debt collectors. I called their bluff and stumbled on a piece of info in relation to claiming your bank charges. After sending them the data protection act letter asking for my six years details, they responded quite swiftly to my disbelief, I proceeded on the next stage of demading my charges back. Then wham, I receive a claim from the county court, barclays demanding their funds.

 

I have filed my acknowledgemnt for my defense to follow. I dont know whether I need to file a counterclaim as well or make my claim move in another court?

 

Thanks for the response Telewest

[Papyron5]

After sending in my threatening letter, Barclays have filed at the Northampton County Court for my withdrawn overdraft of £2,300.

 

Before that I had already requested for my previous 6 years data, received a reply and calculated that they owe me over £3000

 

I have completed and forwarded my axcknowledgement, which means I have to file my defense within 2 weeks.

 

Can the good people of webland please advise whether I need to file a counter claim now, or make a fresh claim at another county court?

[Guest willowb]

Hi Papyron

 

Posting this in the welcome section isn't the best place - suggest you post again in the General or Barclays forum giving as much info as you can, PM a mod to merge the threads and we can offer advice.

 

Eg when you say they filed at country court have they sold the debt? Did they default you? Why was the o/d removed etc- we need more info.

As Telewest has said, post all the details you can in a new thread within the 'barclays' section.

 

Wxxx

[telewest]

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[Teach57]

Ill be following this one closely. Hope you get some good advice - Im sure that you will!

 

Good luck!

[Papyron5]

No Telewest, I contacted Barclays and they gave me a figure for each month.

 

Yes I couldnt keep up with the payments regularly then my account was closed and a county court claim. There is no doubt it is a retaliatory measure after I started proceedings to reclaim my fees.

 

Do you think I can counterclaim now?

[Guest willowb]

Hello again:)

 

I'm sorry but this is far too 'involved' for the welcome forum.....you need to post a new thread in 'Barclays' and give a lot more information than you have here in order for people to properly help you.

 

If necessary pm a mod with a link to your thread.

 

Good luck

 

Wxxx

[telewest]

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[Papyron5]

Thanks 4 the advise, I will try to get to this pm

[telewest]

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[Teach57]

I received this email today from Moneysaver.com It gives advice for people reclaiming bank charges if they have an overdraft (like us)

 

thought you might find it useful

Bank Charges Reclaiming: What to do if you're overdrawn | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more,

[Papyron5]

Thank you, I will check this one out.

[Papyron5]

After a lot of reading and research, I requested for my past 6 years data.

Forwarded my standard letter reclaiming all my charges.

 

In the mean time Barclays had threatened to close my account because I had not kept up with my voluntary arrangemment to pay it off(£2300)

 

After refusing my reclaim letter, they have retaliated by filing at Northampton County Court for their withdrwan overdraft.

 

I have filed an acknowledgement, which means my defence shd be in in 14 days.

 

What do I do, Shd I counterclaim with my reclaim charges totalling over £3,000? or start a whole new claim at a different court?

 

Shd I also proceed to the FOS for Barclays retaliatory measure as per the Allianc & Leicester rul;ing? Need help desperately. Thanks

[bobsp]

What they are doing "might" be breaking the Banking Code Standards. Worth looking into.

[Glenn UK]

Personally i would prepare a counter claim sharpish, if they get a ccj you will have to appeal to get it removed and that wont be easy as far as i can make out.

 

If you want the best advice the boards can muster then you need to post the details of their claim agaisnt you so that you can rebutt their claims in your defence as well as making your counter claim.

 

I would recommend that you act sharpish because if you spend a lot of time faffing about before posting thier claim details then it doesnt give you much time to make decisiosn and work out your defence/counterclaim.

 

HTH

 

Glenn

 

PS I think it would be breaking the banking code if you had registered a formal dispute.

 

Unless you have sent them a letter specificaly entering a dispute with them over the account i think they will deal with that claim easily.

[Teach57]

Im a little confused by your first post. Did the bank ask for your money back AFTER you sent the data protection letter or AFTER you asked for the bank charges?

[Papyron5]

Hello Teach,

 

Thanks for asking, Like I said, the overdraft was withdrawn in June 06, I entered into voluntary arrangement to pay it off then got into problems.

 

When I sent the data protection letter, that is when things kicked off, with their threatening letters from their debt collectors. I sent replies back protesting, then I got my charges over the last 6 years through.

 

After calculating how much they have fleeced me off my finances, I sent in the threatening leeter to reclaim my charges.

 

Then the whammy, their customer services managers have written to me on two occassions that they are looking into the matter,( have the letters with me), then out of the blue I received the MCOL fron the county court from barclays.

 

Hope the chain of events is clearer now.

[Teach57]

Yes, sorry Papyron I misunderstood.

 

I hope that you get every penny of your money back! The're quick to ask for their money back but not so quick to give ours back are they?

 

Good luck!

[madhouse5]

I'm a bit worried because barclays informed me today by phone that my overdraft facillity has been withdrawn. I hoping that because I sent LBA beginning of the week that I will get MCOL in before barclays has a chance to anything about reclaiming overdraft. I am going to offer them £10 a month and hope that keeps them off my back.

[Papyron5]

Hi Teach Thanks I will be needing every bit of it!

[Papyron5]

Hi Mad house 5, I think that will be your best tactic and option. Make them an offer and please stick to it. In my instance, going back to school as a matured student and changing jobs at the same time got me into financial difficulties.

 

Nevertheless I believe they struck first when they a whiff of what was coming thier way. i.e my data protection letter and following it up with the threatening reclaim letter.

 

Not to worry lets go for it, afterall what have we got to lose?

 

I have already switched accounts an operating my DD and Standingg orders from another bank.

[CrispDust]

There is a similar thread to this somewhere else.

I'm sure a mod or someone in the know ill be along shortly.

Acknowledge, which will give you 28 day breathing space. The other tyhread's gist was request that the claim by Barstewards be transfered and heard at the same time as yours.

Since you haven't submitted a claim my guess is that the defence would include a counterclaim.

Have you opened a parachute account?

[madhouse5]

I already have another account that my DD come out of.

 

I'm just hoping barclays settle before my hubby is made redundant the end of may. Fingers crossed.

 

Good luck