joseph v's barclays **WON**

[-tinks-]

Hi Michael,

 

Yes, the Judge has asked me to deliver to them and the other party (barclays) copies of all documents i wish to rely on in court 14 days prior to the hearing.

 

stupar6 - i havent been asked to produce court bundle other than the documents but i was reading some of the other threads and they have been downloading a court bundle found on this site and sending that as well as other documents. if your hearing is around my date let me know how it progresses.

 

good luck everyone!!!!

[Michael Browne]

The reason the hearing is only 10 minutes is because courts are over-booking cases on the basis that they know banks are settling and there will be a lot of no-shows.

See here for Court Bundle:

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

[-tinks-]

I have read a previous thread today and they have the same question as me, if i did not add interest from the start and just claimed my charges back can interest be added now?

 

The court date has been set for 27th March 2007 and i will be sending my court bundle in within the next few weeks.

 

thanks

joseph

[Advoc8]

You do need the written permission of the court or defendant to amend a statement of case (in this case your particulars) once it's been served. I'd contact the court for advice. Technically the statement of case should be amended according to the rules laid out in CPR Practice Direction 17, something you may also need advice on.

[-tinks-]

advoc8, thanks for the response to my question re adding interest. before i contact the court can anyone tell me how i calculate the interest.

 

also has anyone got any advice on cpr practice direction 17 - not sure what this even means????

 

do you think i should leave my claim as it is, as i have got this far is it worth making a mistake and risking it all?

 

kind regards

[-tinks-]

has anyone seen the news today 'Barclays Bank has announced a record pre-tax profit of £7.14bn in 2006 - up by 35% on the previous year'

 

i had to post this, it made me sick - this is all our money they have taken from us & they are taking ages giving it back to us.

 

i am glad i found this site, it makes it much easier taking the bank to court when you have people who are doing the same.

[pjdavies2000]

ditto - Although I like the way that declan, on the BBC, always manages to mention (in anything to do with banks) about the fact that people are claiming back charges and winning!

 

I also heard on the news that banks are thinking about re-introducing charging for accounts to make up the loss in revenue they are getting from reduced or refunded bank charges!

 

HOLD ON a minute - you said that these charges don't line your pockets with gold, and now you are saying that you need these charges, so will use new methods! Pfff to that!

 

Peter

[-tinks-]

can anyone point me in direction of where i can find spreadsheet to calculate interest?

[-tinks-]

can anyone tell me if they copied and sent all their statements (the bank sent them) to the bank and court when it was at court stage or did they just send the schedule of charges they had worked out - mine i done on a spread sheet and there are 3 pages.

 

if i have to copy the statements there are hundreds of pages & the bank already have these?

[dar£n]

here you go matey,

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[dar£n]

the copies of statements req for court, [theoretically] are only the ones that show the charges. copied threefold, yourself, barclays & court.

for communications use YOUR spread sheet.

hope that helps

[-tinks-]

Thanks For That I Have Taken A Look, It Seems Very Confusing.

 

A Lot Of Dates On My Statements For Charges Say A To & From Date And An Amount. I.e £20.00 20/11/00-19/12/00.

 

Some Do Say One Date This Is When It Is A Paid Referral Fee Or Unpaid Out.

[RFisher33]

Hi Joseph,

 

You can claim for anything that says paid referral, unauthorised O/D fee or unpaids out. When it mentions a date from and to it means the charge covered that chargeable period. Normally this is a month. I think they only charge you three paid referrals in a monthly period.

 

Hope this makes sense. When viewing the statements you can normally see the charges as they stand out a mile.

 

Rob

[Advoc8]

There are interest calculation spreadsheets here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

I'd get a move on if you want to apply to amend your claim! Good luck!

[-tinks-]

i think i have made a mistake. when i listed my charges i wrote down paid referrals, unpaid outs and ones where an amount was listed and a to & from date. there were only 2 for £20.00 each with the to and from date so not a huge difference but still a mistake. do you think i have cocked everything up??? i am at the court stage awaiting my hearing set for the 27th march 2007. i havent sent in my bundle yet. i am claiming £2055.00.

[-tinks-]

thanks for reply but when i tried interest calculation sheet, it just said web page not available???

[crashbandicoot]

Joseph it's a bit late in the day to make an amendment to your claim. I would personally leave it...Barclays may pick it up in which case when they discuss settlement with you, they can deduct the difference. Otherwise I wouldn't rock the boat if I were you...if you're lucky, they may not notice and will pay you lot anyway.

[keriat]

Don't worry. You're not the first person to make a minor mistake and you certainly won't be the last. The worst that can happen is that the total you are owed gets reduced by £40 but, as Barclays are sooooo busy at the moment, my guess is that it will be overlooked. Expect a call around 2 weeks before your court date offering settlement. Good luck! Keri

[dar£n]

I found the best way is to go through looking for amounts of £20, £25 & £30 and highlight them.

Then go through again, I missed three first time around.

Then you will only need to refer to the sheets that have highlighted entries on.

You will need to make two copies of your final bundle, one for barclays and one for the court, leaving the originals in your court bundle.

[-tinks-]

thanks for the replies everyone. i will leave it..

 

didnt get much sleep worrying last night but feel better now.

[crashbandicoot]

thanks for the replies everyone. i will leave it..

 

didnt get much sleep worrying last night but feel better now.

 

No need to lose sleep over it...I'm glad you feel better though

[-tinks-]

i am preparing my court bundle but am unsure whether i need to send a copy of all the letters sent to the bank asking for my money back and there replies. i pressume i do but on the letter asking for payment i asked for £2095.00 but later realised it was £2055.00 i was claiming. i issued the online claim for £2055.00. if i do have to send them do you think this will make the judge throw my case out??

 

replies urgently requested please!!!

[pjdavies2000]

The important thing is wht goes in the actual court claim - so make sure that figure is right.

 

I suppose, in theory, you could ask for a Porsche and a house in Bermuda in your initial letters to the bank (I wouldn't suggest trying this though), and so long as you can prove whatyou put in your court claim online application then that's all the judge will be interested in.

 

The letters between you and the bank are there to show you have entered into a dialogue and that the issue hasn't been able to be resolved.

 

any changes in these letters (ie your money claimed) you will be able to tell the judge is due to an error, which you have since corrected.

 

In other words, don't worry!

 

Some people have added new charges at this stage, added interest or even, as you have done, corrected earlier mistakes - whether they be greater or lesser than the first total.

 

So go forth and claim your right!

[Bookworm]

13 threads merged.

 

Please don't start a new thread every time you have a question or update, it makes things difficult to follow.

 

Re you latest query:

 

What does it say on the court directions? It should give you a date "no later than" by which to send your bundle. You can send it in as early as you like, or you can wait until closer to the deadline, that's up to you.

 

Barclays doesn't need time to "prepare", they already have the info they need, and I am 99.9% certain they are not even going to read your bundle when you send it, as they have no intention of going to court.

 

Why didn't you include your court fee in your claim? Having said that, if you used the templates letter from here, it does say that they'll be liable for your costs, so you should be ok... When Barclays call to settle, make sure that the settlement figure includes both fees, and you should be ok.

[-tinks-]

sorry about starting new threads, i thought this was how it was done.

 

preparing my court bundle and just wanted to know do i copy the defence & other bits i received from the court - silly question i know, but this shows costs i paid to court.

 

also do i put a letter in the court bundles, so far i have a copy of my statement showing charges, schedule of pymts, ltrs to & from barclays, (court bundle from bookworm).