joseph v's barclays **WON**

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i have downloaded the court bundle, is this ok to send as it is, one to court and one to bank? also tried looking into GOT A COURT DATE? A guide to the later stages

- The Competition Commission report

- The McNamara interview

- Australian Default Fee's report

- BBC Commission conclusion

should i print and add these, (i couldnt get into 1st one said i didnt have permission)?anyone else had this problem?

 

once done does anyone have an address this all goes to for barclays?

i tried ringing anthony lombardi on 020 7116 5634 but no one rings me back!!!

 

(if i dont post new thread when i have a new question how do i write new one)?

[Bookworm]

The address will be on the defence sent by them (Churchill Place).

 

To add to your thread, open it and reply to it.

[crashbandicoot]

Joseph if you are able to print/use any of the above link info, you can also add them into your bundle if you wish to.

 

I have the address:

 

Barclays Legal & Compliance

Level 29

One Churchill Place

London E14 5HP

 

Send it for Anthony Lombardi's attention or whoever is handling yout claim

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what does UCTA 1977 & SOGA 1982 stand for on the front of the court bundle?

[crashbandicoot]

If you scroll down throughout the document, you'll see it refers to the Unfair Contract Terms Act (UCTA 1977) and the Supply of Goods and Services Act (SOGA 1982)

[-tinks-]

thanks for replies

 

i have an adrian ruffhead dealing with my claim, anyone else had him???

 

my court bundle is now ready for posting, its very heavy!!

 

fingers crossed for me i am really nervous now - no going back. my big question is will it be me that they see in court, i have heard they havent yet appeared on the day. has anyone not won??

[crashbandicoot]

You'll be fine Joseph, as Site Helper hagenuk says, no one has gone to court yet, what makes you so special?!

 

Just stick to your guns, and don't settle for anything but the full amount

[-tinks-]

has anyone got a copy of the OFT statement summary i can send to the court and my bank?

 

as i havent previously claimed for court fees, only my default charges, should i put a letter in with my bundle one to the court and one to the bank stating that i wish to have those refunded or would the court automatically refund me if i win.

[Spiceskull]

PM me with an email address and I can send you a copy, plus all the associated bumf that came with it...

 

Don't forget, the OFT summary only applied to credit cards, but there was an implication that bank charges shoud be considered as well, and an OFT statement is expected soon (perhaps a month or so)

[-tinks-]

pheonix

 

thanks for reply, is there no need to send oft summary then, as it isn't a credit card. i have all the other bits to go in the court bundle so i am almost ready to take to court and bank..

 

do you know whether i should put in with court bundle about court fees being refunded to me or will the court award these to me anyway if i win?

 

thanks

 

tinks

[Glenn UK]

no you use the oft summary because somewhere in there theres a comment that the OFt believes there is a 'read across' to other types of accounts such as bank accounts and store cards.

 

HTH

 

glenn

[Spiceskull]

OFT statement is a good document to put in - as Glenn says, there is implication that the same principles apply to penalty charges - after all, penalty charges for crdit cards are just as unlawful as penalty charges for bank accounts...

 

I see you PMd me - I will send you the stuff...

[-tinks-]

if i didnt ask for the court fees to be refunded in my original letters, is it too late to request them now or does the court refund these if you win anyway?

 

i was thinking of putting a letter with each court bundle to request court fees be refunded, then if court rings to make settlement offer i can argue for these too.

 

any advise welcome

 

many thanks

 

tinks

:) :) :)

[dar£n]

you dont say at what stage you are!

 

If you apply via MCOL, they will automatically be added.

Not sure about N1 form.

 

Anyhoo, when you get to the stage of negotiations, you just add it to your figure along with your up to date interest figure.

[-tinks-]

well i received a letter from barclays today offering me £1150 in full & final settlement, they actually owe me £2055.00. can anyone give me advice and let me know what to do, i do not want to accept.

 

letter reads;

 

as you will have seen from our defence, we disagree with your legal analysis that the charges levied to your account with barclays amount to penalty clauses and are unfair. we do however recognise that it is not cost effective for either party to take this matter to trial. therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial we are prepared to settle your claim upon payment of the charges levied to your account, together with statutory interest you have claimed and costs totalling £1150 subject to the terms set out below.

 

this offer to pay £1150 is in full & final settlement of your claim and is strictly without any admission of liabilty on our part. by accepting this offer you also agree that the existence and the terms of this offer are between us.

 

should i decide to reject offer then they reserve right to disclose letter to court.

 

if i agree i have to sign and return within 7 days and let court know.

[121o121]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

There you go

[-tinks-]

:-) :-)

i know i have calculated my interest incorrectly, i have only claimed £164.40 on £2055.00 it should be more being 8% per annum, does it matter as long as it is less???

[121o121]

How did you get to the £164.50 figure, through the spreadsheet?

[-tinks-]

i have just faxed my response to offer letter to legal dept at barclays and feel a bit nervous, as i did when i started court action.

 

this is all quite exciting really, i just hope i get my money at the end of all this!!!

 

tinks

[-tinks-]

i got to the £164.40 figure by doing my charges £2055.00 x 8% - stupid i know now, but it was done before i knew anything about this site and certain spreadsheets.

 

thanks for you reply.

 

tinks

 

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should i enclose the letter i have just received from barclays detailed in earlier thread along with my reply - refusing offer, in my court bundle. it is all done up and ready to be handed in at court & bank by wednesday? advice welcome.

 

tinks

[-tinks-]

can anyone answer my previous questions in earlier threads??

 

please

 

kind regards

 

tinks

 

:)

[-tinks-]

can anyone tell me if you can claim back unauthorised overdraft fees of £20.00??

 

tinks

[oneofakind]

I don't know for sure, but I'm claiming them on my account! The way I see it, they charge a whopping rate of interest on 'unauthorised overdraft' balances, so why should they levy a PENALTY charge on you as well?!?

 

Nothing ventured, nothing gained.

 

D.

[-tinks-]

thanks one of a kind, i feel better now.

 

i am almost at my court date, 27th march and was starting to worry. last minute nerves i think. i did have an offer saturday of £1150.00, i'm claiming £2055.00 + interest & costs.

 

i faxed them today refusing anything but full payment, just waiting now and nothing to do but hope i've done everything ok.

 

tinks