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Counter Claim against Barclays


sarahjanelox
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Hi,

 

Thought I'd post some info about whats happening to me at the moment.

I have started the ball rolling with barclays about unfair charges, sent the SAR, got statements, asked for money back, got an offer of just under half, sent back thanks, except amount as part, please can I have the rest, letter back saying thats as high as they will go, here's the offer again.

 

Alongside that, I had defaulted on a loan, having made arrangements to pay a reduced sum, I broke this agreement, because things just went wrong and I had to spend the money else where. Anyway, rany barclays to explain, they demanded the payment there and then, I couldn't as I had no money at the time, so they have started a claim against me.

 

Last night I filed a acknowledgment of service, defending the full amount. I will be filing a counter claim saying that I do owe barclays money but they also owe me money due to unfair charges, also I beleive the amount the are suing me for also includes some charges.

 

I now have 14 days to prepare.

 

Thats about it

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Sarah,

Hi, If i have read this correctly,

You had already started your claim for charges before they issued the demand for repayment?

The loan is a seperate account?

 

I would write to Barclays and offer 'your best payment offer', even if it is £10.

with the added statement that when you are refunded your charges, you will use the funds to clear some or all of the debt.

 

It would be interesting to see how fast things move for them in the courts, bearing in mind its taking us the best part of 6 months to get anywhere.

 

keep communicating with the bank though dont ignore any letters and always keep copies of theire AND yours, try to keep it to writing and not over the phone, if you do go in to see them ask for confirmation to be sent in writing.

 

just out of interest, would the amount claimed from barclays cover the loan, [that is if you intend to use it for that purpose]

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi,

 

Yes barclays are aware I was going to start a claim against them for charges to my current account.

 

The loan is seperate. Since I started talking to barclays about my current account, they have been not very "understanding" with me struggling to make loan payments - almost feels like a retaliation by them.

 

The claim against barclays would wipeout half the loan, atleast

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If you are prepared to use the claim payment to clear some debt, try contacting them explaining your intentions and would they review then?

At the very least the court will see that YOU are doing your best to resolve the situation and if THEY are being anything else but understanding the judge may lean more to your side of things.

You could argue that it was because of their charges you were put under even more of a financial struggle with repayments to the loan.

 

keep smiling, dont let them beat you

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 3 months later...

Not been around much, but thought I'd just post an update with my situation.

 

My defence against Barclays suing me over a loan is that they owe me a sum (made up of charges applied to my current account).

 

They tried for automatic judgement after i had filed my defence. I had had 1 form of communication from them saying no charges applied to my Loan, no acknowledgemnt of charges to my current account.

 

Any way to top it off, they are now suing me against my current account.

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now this is retaliation hope you have informed them that the account is in dispute

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 3 months later...

Hi all,

 

Just an update on my counterclaim against barclays.

 

A quick re-cap, barclays started proceedings against me for falling behind on a £5000 loan.

 

I instigated a defence early this year, stating that barclays owed me money, unfair bank charges, and that should be deducted from the balance.

 

This was all handled by the Bulk court in northampton.

 

I have just received the following that on 31/08/09 at Northampton County Court - without hearing, an order that the stay be lifted and transfered to my local court.

 

I have until the 1/10/07 to return the Allocation Questionaire.

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PRNCNNDR,

 

Take 3 copies of this with you - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Please start your own thread if you want to keep us posted or you need help.

 

Slick

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  • 1 month later...

Hi,

 

Another update......after my case was transferred to my local county court, COLCHESTER, I filed the AQ......then after a week of the deadline, I got a letter syaing that if the claiment (in this case BB) didn't return the AQ by mid OCT, the court would through the case out. Anyway, I guess they did, because I received an ORDER from the court saying the judge was staying the case until the 19th November, in the meantime he wanted us to settle the case or narrow the issue's. If by the 19th, the claiment (BB) hadn't written to the court to outline what has gone on, he would lay down sanctions!!!!!.

 

In a nutshell, I will be writting to BB to re-confirm my position and will just have to see what the judge does next.....I'm supprised that BB havn't applied for a stay in the wake of the OFT test case.....

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Hi SJL,

 

Have you quantified your counterclaim and done a Schedule of Charges and sent that back in defence to their claim.

 

What defence did you file in response to banks claim so you can make a case for their chgs being unlawful.

 

Will you negotiate with bank for your chgs + s.69 int't. If no settlement is agreed by 19th Nov, I think the Judge may order Directions and not sanctions.

 

Slick

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Hi Sarah,

 

have you considered sending a CCA request to Barclays? If they don't have a copy of the original agreement or if it is lacking certain prescribed terms / contranvenes the Consumer Credit Act & Regulations then Barclays have no legal right to enforce the debt. Infact, because legal proceedings have already been commenced you can send the request under CPR rule 4.6

 

kind regards,

shane

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