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Defence in! What happens now? Please advise...


NRF07
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Hi there,

 

Just getting ready to possibly to go to court with Barclays for around £2500...

 

Can anyone please help me with regards to what I need for a water-tight court bundle!

 

Many Thanks!

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

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Thanks a lot, great help!

 

It hasn't got the this stage yet, just preparing...

 

What sort of info do you have to put in the Q'airres when the bank puts a defence forward?

 

This is all a great help, thanks a lot!

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Hi,

 

I have issued the bank with a claim now but I've realised I have claimed for just over 6 years.. taking into account more recent charges since they have sent the statements through......... will this be a problem?

 

Can anyone help????

 

Thank you..

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They will put in their defence letter that you cannot claim back for more than 6 years under the 1980 act, but just keep the ball rolling and a day or two before court they will pay up - all of it - with no questions asked!

 

Just stick to your guns!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi there,

 

Just looking for support really, in spite of the numbers of people successful at claiming these charges back, going to court is still scary and I just wanted to see if anyone is at the same stage as me...

 

Claim in for around £2100 (not incl. interest) - first question is this: should I claim for interest from now, providing Barclays put a defence in???

 

They acknowledged after 6 days of putting claim in, this is quick! Has anyone had this.. and I suppose what should I expect next?

 

Any help/encouragemnet is welcome... I understand from reading some other threads that Barclays don't seem to be treating every customer the same so there is no clear template..

 

Also, realised that I have claimed for just over 6 years, since they have charged me since all the communications have been going on. I'm sure they will make a case for this is their defence but am I still legally entitled to re-claim..

 

Anyone have any knowledge and past experience they can help me along with here?

 

Many thanks.....

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Interest: if you are going to claim for the s.69 statutory interest you only add this when you raise your claim in the court, or via MCOL. If you are going to attempt a claim for contractual interest (authorised or unauthorised) then you need to add this to your initial claim.

 

You CANNOT claim both, but you could claim for contractual now, and when you raise your claim word it so that your claim is for contractual, but should the court find otherwise, you will claim for statutory instead.

 

A few people have managed to get dontractual, but this is the excption rather than the rule.

 

Statute barred charges - when you sent in your prelim, all charges for six years from that date should be uncontestable by the bank. Clearly when it comes to settlement some of the charges will be more than six years old, but at the time you "...became aware of the unlawful nature..." they were within the limitations period...

 

If they do try to labour the six years rule (arguable in itself anyway) then there are many cases here that will help you word a response to their excuses...

 

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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Thank you very much for your quick reply...

 

I have not claimed for interest in the original MCOL claim so do you think I should keep that line in future then?? They have only just acknowledged so I'm thinking when they defend.. do I add interest from there?

 

Thnaks for the 6 year tip.. any other people claimed for more than 6??

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Hi,

 

Just a quickie that I need clarifying. If anyone has any answers that would be great..

 

When I first filed on-line MCOL for around £2100 I did not add interest.

 

At what stage (and do you recommend that I do) do I claim interest on top of this figure?

 

Many thanks....

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You should have added the interest claim at the MCOL stage. To add it now you'd need to amend your claim. To do this you would need to apply to the Court using form N244 for permission to amend, this will cost a (non-reclaimable) £35.

 

At this stage you could only apply to add the statutory (8%) interest.

If in doubt read the

FAQs

 

If still in doubt - ask!

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  • 3 weeks later...

Can someone please clarify a point for me please:

 

The bank has 28 days from date of service to defend the claim, this is right?

 

Is the date of service 5 days after you put the claim in?

 

...and also, the 28 days falls on a saturday, does this still count or could the bank defend on the following Monday.

 

In my case the 28 days falls this Saturday, if there is no defence made, should I put in for a judgement?

 

Many Thanks.

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The bank has 28 days from date of service to defend the claim, this is right?

 

Is the date of service 5 days after you put the claim in?

 

Yes to both

 

In my case the 28 days falls this Saturday, if there is no defence made, should I put in for a judgement?

 

If the due date falls on a weekend or bank holiday they have till the next working day.
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Hi there,

 

barclays have put in a last minute defence on-line to my claim for £2500..

 

So what happens now and what can I do to prepare?

 

Any help or advice would be very gratefully received..

 

Many thanks!:)

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Just proceed as normal NRF, nothing to panic about. The judge will now look at both sets of paperwork and decide on what track to allocate the claim to (most likely small claims) and so you will receive an Allocation Questionnaire to fill in, in due course, as will Barclays.

 

Just sit and wait for the court to get back to you for now, and in the meantime, familiarise yourself with what to do when the AQ arrives:

 

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

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Oops, Michael's and my post crossed online!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Also, one last thing...

 

I have not claimed interest up until this point.. is there any way in which I can still claim this even though I didn't in the initial on-line claim?

 

Cheers...

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NRF, in order to amend your court claim, you'd have to pay a £35 non-refundable amendment fee, which you can't claim back as it's your error. You'd have to fill in an N244 form:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

The courts would then re-submit the claim so the acknowledgment etc starts all over again. How much interest are we talking? If it's not much, it may not be worth the effort...so it's up to you really.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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