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Barclays Confirm Court Action


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I am seeking to claim back from Barclays £200 in referral fee charges.

 

I followed the procedures of intended action letters, etc. before filing a claim on the Money Claim site on 19 April. I then received from Money Claim Online an acknowledgement notice regarding the claim saying it had been filed on 27 April and that Barclays would have 28 days in which to file a defence.

 

Barclays responded by offering £100 repayment, I replied stating:

 

' Thank you for your letter of 27 April.

 

I will only accept the full amount of £200 plus the £30 costs incurred.'

 

Their reply arrived today it reads:

 

' Thank you for your letter 2 May.

 

I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amount offered, that is £100, you will be seeking the remaining balance in the County Court.

 

I would like to take this opportunity to clarify the amount offered was in full and final settlement of your claim. I am therefore unwilling to adhere to your request to re-imburse you with the amount offered, and it is with regret that you will now be proceeding to the County Court for the full amount.

 

I appreciate this is not the response you have been hoping for, but trust I have clarified the Bank's position.'

 

What is likely to happen now - do I just wait to hear from the Court?

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Yes. I received from the Court a copy of the Acknowledgement of Service which a representative from Barclays' Litigation and Disputes Department had completed.

 

The box: ' I intend to defend all of this claim' had been ticked.

 

Reading some of the other posts, it looks like it's a waiting game for a while now?

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They will pay up - especially when it is only £200. That would be a stupid move to defend over such a small amount...good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

I have now received a questionnaire from the Court.

I'm not sure whether to put yes or no to question E:

"Experts - Do you want permission to use an expert's report at the hearing?"

Well if it does get to Court I will be referring to past legal cases and financial expert recommendations. So is that a yes?

The other question I'm unsure whether to include at this stage is G 'Other Information':

"Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you have attached."

Is it worth attaching any documentation at this point: ie, OFT's recommendations, copies of my statements.

Any suggestions please?

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From what I understand, (and i'm more than willing to be corrected), this is more about the logistics of the claim rather than the claim itself.

 

Do you require wheelchair access?

Is there an abnormal amount of paperwork?

Do you have any other special needs?

 

I shouldn't worry too much about any evidence you are to rely on in court, fi for £200 it aint ever gonna get that far.

 

(though if a Mod can confirm or deny section G it may be reassuring)

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

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Section G:

 

This should only be for details regarding the management of the case only, not general information about the case.

 

You should use this box to let the judge know about anything that will help with the management of the case. For example:

  • If there are to be a large number of documents for the judge to consider at the hearing.
  • If anybody (including any witnesses or experts) require any special arrangements (e.g. wheelchair users)
  • If you will be using any audio or video footage as evidence.

Section E:

 

I think this only applies if you want the expert witnesses present at the hearing - can somebody please confirm or correct me?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks guys, your help, advice and support is much appreciated. Of course there will be a donation in due course (from recovered funds or otherwise).

Roll on the next stage......!

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I've just re-read the questionnaire and section G Other Information states:

'In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party'

In the notes relating to this section it adds:

'Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.'

As this information is directed to the judge rather than the Court, it seems it is referring to things specific to the claim.

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  • 1 month later...

Barclays must really value the £200 I am attempting to reclaim.

 

After receiving a date for my hearing (17 August) I contacted Nick Hartigan (who appears to have taken over my case from Keith Jeremiah), to see if they were willing to settle out of court.

 

The reply I received was:

'In summary, in the interests of expediency, the bank is prepared to consider a settlement. However, I shall have to seek authority to settle the claim at 100%. If you were prepared to accept a lower amount of 75% (plus your statement reprint and court costs) then that would speed matters up significantly.'

 

I replied, that I would only consider full repayment, plus costs, and that if I didn't hear anything in the following few days I would commence preparing the documents and necessary evidence for my case, and that if in doing so more costs were incurred these would also be added to the overall amount.

 

I did not receive any reply, so rather reluctantly I began printing off various statements, OFT reports, etc. making sure they were received by Barclays and the Court for the date specified. So added to their bill is another £3.40 for photocopying and £9.00 for special next day delivery to two addresses - I'm only reclaiming £200!

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Hi,

I can't believe they are taking you this far for £200. Stick in there, it must seem like a lot of effort at the moment, but you will definitely get it!!

 

Good luck

 

carly

Lloyds TSB credit card-Judgement by default filed 8/06/07

 

Virgin credit card-£120 claimed Settled in full

Business barclaycard-£200 claimed Settled in full

Business a/c-£961.31 claimed Settled in full

NatWest personal a/c-£3010.28 claimed Settled in full

Abbey business a/c-£2390.96 Settled in full

Halifax personal a/c-£497 claimed Settled in full

HSBC credit card-£175.65 claimed Settled in full

Co-op credit card-£150 claimed Settled in full

NatWest business a/c-£250.00 claimed Settled in full

Halifax personal a/c2-£336 claimed Settled in full

Lloyds Business a/c-£1027 claimed Settled in full:lol:

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If you read Mjanets excellent thread you will see that solicitors acting for Lloyds TSB were haggling over her court fees of £50.

The banks have no common sense. I am sure solicitors acting for anybody would charge at least that much just to write a single letter.

They are being driven by thinking that they can win win by procrastination and delay.

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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  • 3 weeks later...
Case closed! But I'm not allowed to say in whose favour.....!

 

 

Can you help me. When you filled in your particulars form, what did you put for your daily interest rate? I'm having difficulties filling this part in.

 

Cheers in advance :)

Lloyds TSB claim £1896.27

Need to send DPA to Barclaycard and Barclays Bank

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Wow they went a long way for such a small amount.... I am about to tackle Barclays, although I know I have had charges of at least £30 per month forever, I do not know how much but it has to be more than £1k.

Wish me luck!

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Gensurf2 - would it be possible for you to post on here the letter that you sent to Barclays asking if they wanted to settle out of court? My hearing is around the same date and I know everyone says that it will not go to court but panic is setting in!

 

I wanted to send them a letter but really cannot think of what to out or how to put it! Your help would be greatly appreciated!

 

You don't think it is too late to send one do you?

 

Thanks

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Don't worry if, in the unlikely event it does go to court - there are plenty of court 'buddies' here: http://www.consumeractiongroup.co.uk/buddy.php who would be glad to appear with you.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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its good that all this advice is about.

Ive just sent my first letter, and im going to pursue it myself like you. and the thought of court is daunting.

 

If you would like to send one last letter before the court date i would keep it simple, and basically offer them one last chance to offer you an out of court settlement as your expensces are going to increase due to travel expenses and time off work.

 

There is a chance they will take that offer as i doubt they will take you to court. but best of luck anyway.

 

What is your court date?

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I cannot remember exactly as I haven't looked at the letter for a while (pushed the whole scary thought to the back of my mind!) But I think it is the 16th of August. I am going to drag everything out tonight and start putting things together for D-Day!

I am trying to draft a letter to them now so I will keep you posted if I get a reply!

 

Everyone keeps saying it won't go to court so everyday I excitedly look through the post for a letter from them - and of course there is never anything there so I have to start preparing for fact that they could call my bluff!

 

Thanks for your help and fingers crossed for tonight's post :)

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to be honest. i have no previous experience about this sort of thing, but i can honestly say that i dont think any bank would dare go to court.

 

If they lost, it would be broadcasted on every TV and in the papers, and would then mean everybank would have to payback every customer every charge they've made.

 

very dangerous.

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