Badgerboy V Barclays

[Badgerboy]

Received letter back from Barclays today thanking me for my preliminary letter and telling me they aim to have an answer within four weeks. It then goes on to say if they don't answer in the four weeks they will update me then and will definitely file a full report by eight weeks.

 

Do I have to be fair and wait at least four weeks or I am within my rights once the 14 days has elapsed to take this to the next stage. Which is to give them a further 14 days before I file a court case online.

 

Also can someone tell me how I find my inital thread so I don't have to keep starting a new one each time I have a question or update.

 

Guidance required please.

 

Thanks

 

Badgerboy

[dickeggsy]

stick to your timetable not theirs,14 days is plenty of time.

regarding your thread ,at the top of this thread should be the thread title in red,above this click on the consumer action group header and this will take you back to the main page,scroll right to the bottom and you will see a list of user names,click on yours and it will take you to another page where you will see all threads started by you.

phew me fingers are killing me lol.

good luck.

[Badgerboy]

Many thanks.

[Badgerboy]

Hi,

 

I have successfully claimed money back from LloydsTSB and Natwst now so am trying to do the same for my wife with Barclays. I sent the preliminary letter off but filled out the 8% spreadsheet instead of the overdraft interest one. Firstly have I left myself open here and secondly do I need to change my next letter to include the correct spreadsheet.

 

They responded saying the normal they will look into it but don't feel they are being unfair. If I don't here in 4 weeks then they will definitely resolve within 8. I know I need to stick with my initial 14 days which is up tomorrow. So do I write letter before action and give 14 more days or a new letter expalining my mistake. natwest didn't pick up on it and paid after the preliminary letter.

 

I am confused!!!!

 

Any help appreciated.

[Bigmac versus]

When you send the lba just give them a fresh schedule of charges WITHOUT the judicial interest and you will be fine.

[Badgerboy]

Is the judicial interest the 8%? If so fine.

Thanks

[Welshman]

Just amend the claim figure, excluding the 8% interest in the LBA, then you'll be back on track. Remember to send the schedule minus the interest with the LBA.

[Badgerboy]

Barclays sent a letter offering £700 out of the £1793 I am claiming, I shall of course be excepting the £700 as part payment and going for the lot. I only need give them 14 days still don't I.

[GuidoT]

Yes, it is your timetable just give them 14 days from prelim, then further 14 days after LBA and then file claim form, providing of course they have not settled in full.

 

Should send letter along these lines:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[Badgerboy]

Yeah but I have already sent the prelim letter which is the one I got the offer from, so do I give them another 14 days to answer with a full offering then a further 14 days before letter before action goes or do I just give 14 days then send letter before action.

 

Also they should have responded by the 8th and I only recieved letter on the 12th Feb, does this make a difference.

 

I am slightly confused. Hope that makes sense.

[Falcom]

Just stick to your timetable not theirs - Prelim +14 days = LBA, LBA+14=MCOL, any other asides like partial settlements fall outside that timetable so stick to your guns - you are claiming a full refund in your timescale.

 

Peter

[Badgerboy]

Yep your right thanks for advice.

[Badgerboy]

I received part payment offer and sent letter back accepting as part payment etc. They sent on back saying that is only offer on table so I am write in saying I lodge my court claim now don't I???

 

And has the text you enter changed since the OFT ruling or is it the same old one. I have done this once before but still seem to need reassurance all the way and forget the process.

[GuidoT]

If your 14 days from your LBA has expired then file your claim.

 

The OFT ruling is not relevant at this stage. Claim form details are here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Badgerboy]

Submitted the online claim last week, so I am awaiting their response now. I am right in saying if they don't respond within the time frame then they are given another 14 or 28 days to respond. If not then I win.

 

 

 

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

[redstef]

Hiya Badger,

It's my understanding that they are given 14 days from when they are deemed served by the court. You should have received your notice from MCOL instructing you of service date and when BB have to respond by. You then click on judgement, if they've not responded, but if they have then the merry dance continues

[dar£n]

They will do.

the time will come when you think you have won by default then you are told by MCOL that they have entered a defence at the very last minute,

stalling tactic.

[harvest]

Good luck badger - you'll get an offer soon I'm sure or the opportunity to send in the bailiffs!

[Badgerboy]

Hi,

 

I submitted my online claim on the 15th March, the 14 days is up now and I have not heard from Barclays or the court yet. Does this mean I have won or does this mean I need to chase the court up and see what's going on.

 

Is it normal not to receive any paperwork at all from the court either way?

 

Confused about what to do.

 

badgerboy.

[dar£n]

BB

If their deadline fell on a weekend or bank holiday they are given the next working day to respond. It may also be delayed because the defendant has filed an acknowledgement of service, which gives them an extra 14 days to respond.

[dar£n]

ALSO,

Responses should be filed within 14 days of service of the claim. However, if Barclays need more time than this, filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service.

If Barclays wish to file an Acknowledgement of Service, they should do so within 14 days of service of the claim form otherwise judgment may be entered against them. They may still be able to file an Acknowledgement of Service between 14 and 28 days from the date of service,

[Badgerboy]

Thanks, I will check with the court on Monday to see if they have submitted anything yet and take it from there.

[Badgerboy]

Recieved letter from the court regarding the OFT test case stating my case was on stay and would have to wait to see the outcome of the test case.

 

As I am so close to the court date is there nothing that can be done, it does state the "either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay". Firstly what is this part of the rule and what do I need to say if I want to apply.

 

Is this worth doing? And how do you do it???

 

Help appreciated.

[Michael Browne]

See here:

Stay, Application for removal of: UPDATED

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

Stays re: OFT Test Case - Info & Guidance

~~## Stays info and guidance ##~~

[Badgerboy]

Do you suggest I wait for the OFT hearing to be heard or can I ask for case to be heard as it was meant to happen in August. Had letter saying I would have to wait and case had been put on hold until hearing finished.

 

Has anyone had success getting their case heard after recieving this letter??