Steve_T Vs Barclays **WON**

[Steve_T]

Hi, I'm in the process of reclaiming from Barclays just over 3 grand. They ignored my first two letters so I entered a Money Claim Online action. They entered an acknowledgement giving themselves 28 days. The 28th day fell on a Saturday which was when I learned that they had until the next full working day to respond (enter a defence). Surprise surprise they did this at teh very last moment which I think is not only crap but wastes everyones time. I now have to fill out teh Allocation Questionnaire which I'll do over the weekend as I can't afford to slip up and make mistakes.

 

Part of Barclays defence was that some of my claim is now beyond 6 years. It wasn't when I wrote them the letters that they ignored.

[bitingback]

Hi Steve,

 

It all seems fairly typical I'm afraid.

 

There is a guide to the AQ here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

But you prob know that.

 

On the issue of waisting time, every day they delay is more interest to you so think of it as a savings plan.

 

I would suggest posting a "Steve T v Barclays" battle thread in the Barclays forum as people with first hand experience of the organisation can lend advice thats relevant to your situation.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/

 

Best of luck to you

 

BB

[Steve_T]

I'm filling in my allocation questionnaire this weekend. Barclays ignored my first letters and then offered £1000 when I put in MCOL without actually referring to MCOL. My claim was £3000 so I turned it down. They entered an acknowledgement giving themselves 28 days and on the last moment of the last day entered a defence. Their defence was the usual bluster but also a) I had not given particulars of the charges (I had done so in my first two letters) and - b) Part of my claim was beyond 6 years (it was not beyond 6 years when I originally wrote to them)

 

I'd love some advice on filling in the A.L. and what to include with it. The form I have been sent is N149 though I will DL the PDF so I can type my answers as my handwriting is crap. Is there any sense in using a different form in my instance perhaps to give more detail.

 

Is there any point in adding anything to [G] "other information" other than what is reccomend here. I'm tempted to point out that Barclays ignored my letters and hence the reason for the court action and that the ignoring of my letters was what put some of my claim beyond six years

[Michael Browne]

See AQ Guide Here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Draft Order in post #2 and passge for section G in post #3 here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[dickeggsy]

my handwriting is crap as well but i don't think it matters as long as it's fairly eligible.

i used the new draft order for directions and was allocated a court date in april but got a result this morning as they hadn't complied with the judges directions and got it struck out.

letter this morning off bank offering full and final settlement.

just have a look at those links and decide which way you want to go , pretty straightforward really.the worst bit is the waiting.

good luck:)

[Steve_T]

I'm at the court stage of this now and need to prepare my Allocation Questionnaire. I'll copy below what I posted a little earlier. [bitingback;649710]BITINGBACK suggested I start this thread (Thanks) Did I read somewhere I should PM a moderator and notify them of this thread stating my Claim No. Cant find that now. Should I do this?

 

I'm filling in my allocation questionnaire this weekend. Barclays ignored my first letters and then offered £1000 when I put in MCOL without actually referring to MCOL. My claim was £3000 so I turned it down. They entered an acknowledgement giving themselves 28 days and on the last moment of the last day entered a defence. Their defence was the usual bluster but also a) I had not given particulars of the charges (I had done so in my first two letters) and - b) Part of my claim was beyond 6 years (it was not beyond 6 years when I originally wrote to them)

 

I'd love some advice on filling in the A.L. and what to include with it. The form I have been sent is N149 though I will DL the PDF so I can type my answers as my handwriting is crap. Is there any sense in using a different form in my instance perhaps to give more detail.

 

Is there any point in adding anything to [G] "other information" other than what is reccomend here. I'm tempted to point out that Barclays ignored my letters and hence the reason for the court action and that the ignoring of my letters was what put some of my claim beyond six years

[Michael Browne]

You thread is here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/74760-barclays-bank-allocation-questionnaire.html

 

See there for reply.

[Steve_T]

I'm about to fill in my allocation questionnaire. It's all very clear to me apart from additional info section and I'd just like to run what I intend to write by you folks before I do so. The part in blue is straight from teh templates on this site. The part in red is my own addition. I feel the need to write this because in Barclays defence document they have claimed (among the usual bluster) a) I have not given details of the account b) I have not give details of the charges c) Some of the charges fall beyond 6 years.

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I note that in the Defence and Counterclaim Document the defendant claimes that:

 

a) the claimant has not provided details of the account in question and the precise charges alleged to have been unlawful. I provided these details to the defendant in letters dated December 28th 2006 and January 15th 2007. I have attached these details again here and have sent a further copy to the defendant

 

b) that some of the charges claimed are time-barred under the terms of teh Limitation Act 1980. When I first wrote to the defendant these charges were within the 6 year limit, however it is only because all my coorespondences to the defendant were ignored that I reluctantly resorted to applying to the court

 

[Steve_T]

I'm reviewing my paperwork and I see my particulars of claim state

 

Between the dates of 15/05/2001 and

25/08/2006 the Defendant applied numerous

default charges to the Claimants bank

account

 

My maths isn't great but none of that is beyond six years is it ? (or am I wrong)

 

One of Barclkays defences is that some of my claim is time barred.

[Michael Browne]

Just goes to show how generic their defence is and not actually specific to each claim.

[Steve_T]

In that case shall I expose their error early or just let it run it's course and retain as a potential trump card

[Steve_T]

I Have filled in my allocation questionnaire and apart from teh words suggested on this site have added only the following into "other information"

 

I note that the defendant claims in their defence that I have not provided particulars of the account in question and the precise charges alleged to have been unlawful. This surprises me as I included this information in my letters to the defendant of December 28th 2006 and January 15th 2007 and it is as a result of these letters going unanswered I reluctantly and regretfully decided that there was no other course of action I could take but litigation.

[Steve_T]

I'm going to hold off sending my AQ in til, the weekend. I have to pay the court £100 and to write a cheque right now may send me into "unauthorised overdraft"

[Steve_T]

I was talking to a friend of mine who is a magistrate who said that judges really hate generic defences particularly when they are wrong so I'm going to add the following to my alocation questionnaire

 

Furthermore the defendant states in their defence that some of my claim is time barred. This is factually incorrect and smacks of a generic defence statement applied across the board in all cases. All of my claims are within 6 years

[Steve_T]

Allocation Q sent just now

 

threads merged

please keep to the one thread for each claim this is for your benefit as you will recieve much more informed advice if people can see at a glance what you have done so far

Thanks

[Janet-M]

are your claims within 6 yrs of when you filed your claim into court ? as some people mistakenly think the 6yrs starts from when they first contact the bank

[Steve_T]

Thanks for merging the threads Janet-M It was getting kinda lonely in here.

 

I lodged my claim on 05/02/07

 

The date of the first claimed charge is 15/05/01

 

That looks to me like it's within 6 years right?

[Janet-M]

It's within 6 yrs yes

[Steve_T]

Therefore they have entered a factually incorrect defence. As I mentiond earlier my Magistrate friends says judges don't like that kind of generic and incorrect defence

[Steve_T]

I know we're supposed to stick to the plan but after I sent my AQ to the court I also sent a letter to the "Litigation Dept" of Barclays. I said that I had noted their defence stated I had not given particulars of my claim which surprised me as I had given these particulars in letters they had ignored prior to my going to court. I attached another copy by way of courtesy. I also noted that their defence stated that some of my claim was time barred. I pointed out that this was factually incorrect and that I had brought this fact to teh attention of the court.

[Steve_T]

Court date set for July 2nd. I'll read letter again carefully tomorrow. I get that I am supposed to send the other party copies of all documents for the case.

 

It also suggests that both parties should try to reach agreement before going to court. I wonder if I should write to Barclays and say that in light of the courts request I will accept payment before court and forgo the interest the court would award. They may well ignore me so I wouold have to state that on such and such a day (say 7 days) I will assume they do not wish to take up my offer. Such communication would then form part of my documents of evidence to show that I have tried to reach agreement.

 

Is this a useful strategy do you think?

[dar£n]

Assuming you send your letter monday am, they receive it tues. 7 days is roughly 24th.

your court date is set for July 2nd.

This in my opinion is too early for them to communicate with you, so you will probably be ignored at this point.

 

Complete your bundles and get them in before 14 days prior to the court date,

between 14 & 10 days before the hearing if you havent had contact with them, you phone or email them.

 

 

dont get me wrong, try your method, you might get lucky.

 

either way, youre nearly there now, feels good dont it?

[Steve_T]

with court date set fopr 2nd July I decided to preare my docs this weekend. The Notice sent to em giving me this date says all docs shall be sent no later than 14 days before hearing

 

however the second page of this document states that these documents shoiuld be delivered to teh other party and the court no later than 3rd of May. Obviously I've missed this date. Is this critical?

[dar£n]

Steve, things are changing in the LItigation Dept.

 

I NOW advise you to wait until after the b hol and then contact B's, ask who is dealing with your claim and suggest they settle out of court.

They seem to be getting a grip on things now, prob cos theyre getting into the swing due to the vast amount of practice.

 

Speak to Krys or Kate and have your figures in front of you when you do.

 

This may save you the hassle of preparing your court bundle.

[Steve_T]

Thanks Dar£n. I've just sent the following email:

 

TO

Barclays Bank PLC

 

Hello Krysta Campbell,

 

 

I refer to Small Claims hearing, Claim Number 7QZ13827 set for 14:00 July 2nd at Middlesbrough County Court.

 

As Directed by District Judge PWJ Traynor I am this weekend preparing my "court bundle" of all the documents on which I will rely in the hearing and a copy of all documents will be sent to yourselves.

 

There is also a direction in the notification sent to me by the court stating that:-

 

"The paries are encouraged always to settle the case by negotiation"

This is therefore the purpose of this email, to ask if you are prepared to settle this claim out of court in which case I would notify the court that we have reached an agreement.

 

However, in case we fail to reach an agreement I will be including a printout of this email to add to my "bundle" to be sent to the court and yourselves as proof that I have attempted to comply with their direction to resolve this issue by negotiiation.

 

I will also call you this coming Tuesday to follow up on this email.

For your information my claim is as follows:

 

Ammount claimed £2,665.00

Court Costs £300.00

Interest £795.06 (at 26/05/07 - figure is increasing daily)

TOTAL £3760.06

 

Just for the record I can assure you that I bear Barclays Bank Plc no animosity and would welcome an opportunity to settle this issue amicably and cease all litigation. I hope we can come to an agreement soon.

yours sincerely.

 

S.D. THOMPSON