Grundon vs Barclays

[grundon]

Hi all, got my statements back from Barclays yesterday (took about 5 weeks but they arrived in pretty good condition)

 

Anyway, an hour with a highlighter and calculator gave me illegal charges of around £4.5k over the six years (so I'm pleased to still be in the Small Claims Court limit)

 

Am hoping to complete spreadsheet and Letter Before Action tomorrow but as this is my first attempt at re-claiming will appreciate any advice anyone has to offer

[grundon]

...I actually meant prelim letter for the weekend (not LBA) - getting a bit ahead of myself

[CAZKATJOE]

I am a little ahead of you having already sent the prelim, it is very simple.

I never received a copy of my statements, they actually put them in a spreadsheet for me all sorted added etc. that was nice of them wasnt it.

 

Anyway they have had mine for a week now and i havnt heard anything another 7 days to go then i go to court, i will probably miss the LBA on advise from someone who works in a bank, but not sure yet

 

I will let you know what i do and how i get on

But good luck!

 

Hope all goes well, i will keep an eye open on how things are going for you

Caz

[dar£n]

Caz, although the choice is always yours, I personally wouldnt risk missing the LBA for the sake of saving 14 days.

[oneofakind]

Me neither! If you used the standard prelim template, you've actually told them already that they'll have 14 + 14 days! Don't change your timetable, or they could claim that you've not done as you said you would.

 

Don't leave the illegitimi any loopholes!

 

D.

[grundon]

Thanks for support

 

Right, I've completed the complex bank charges spreadsheet and have one question before I submit.

 

The penalty charges are less the the £5k small claims court limit but if I add on the calculated bank interest charges (not the 8% interest) then the claim does exceed the £5k limit.

 

Does this make a difference to the track of the claim?

 

Thanks in advance - G

[Michael Browne]

Does this make a difference to the track of the claim?

 

Smal claims track is based on just your charges, but court fees are assessed on charges + interest. So it will still be small claims but court fee will be £250

[grundon]

Thanks Michael

Just wanted to double check before I sent off

[grundon]

OK - with my Prelim and LBA timelimits both expired (and having received only holding letters from Barclays so far) I'm about to file with MCOL today - any advice appreciated

[Michael Browne]

This should help:

Getting MCOL Right

[grundon]

Thanks Michael for swift reply

 

Can I ask a couple of stupid questions:

 

1 - The first charge I'm claiming is within six years of my Prelim letter but more than six years from the date of my LBA (and hence court claim). Should I amend my claim to remove this charge?

 

2 - In the amount claimed box, on the MCOL form, I have to enter one amount. Do I include the s69 interest within this number?

[Michael Browne]

1 I'd include it. They may argue the toss they may not.

2 Yes include s69

[grundon]

Ok - many thanks now submitted (letter with schedule of charges going in the post this evening)

 

This is my first claim and I wanted to make sure i'd got everything right, the forum guidance has been really great

[grundon]

Hi

 

My MCOL was issued just over a week ago and I have a few questions if anyone can help:

 

Now my claim is issued should I PM my claim details to a moderator? If so, who do I contact?

 

Also, I received an offer from Barclays today for roughly 70% of the fees charged (but with no details of how they calculated it). Is this usual practice for Barclays (they have not acknowledged my claim yet)? Do I need to send them a rejection letter just yet or wait for their claim response?

 

Thanks

 

G

[Tipsy0nBacardi]

Hi grundon, yes you need to pm a moderator, you might have to try a few to find one with room in their pm box lol.

You should find a rejection letter suitable to send once you have started mcol in here

Rejecting Offers - Consumer Action Group

Hope that helps a little

[oneofakind]

Try jonni2bad, he was accepting messages just the other day...

 

[grundon]

As an update my claim was sent 8/5 and acknowleded on 22/5

 

I believe they have 28 days from date of claim to defend which by my calculations is tomorrow (6/6)

 

I guess I just sit and wait to see what happens tomorrow but if there is anything I should be doing now please let me know

 

Cheers

 

G

[saintly_1]

its 28 days from when the claim was served

[grundon]

Ok, thanks - is this a different date from the Issue Date per MCOL (which is 8/5)?

[saintly_1]

its usually 5 days .... so in total from issue to last date for defence = 33 days

[grundon]

Ok, understood - is there an actual way of obtaining the date served ?(thinking I must be missing it somewhere)

 

Thks again

[grundon]

Just checked MCOL and Barclays have entered a defence dated 8/6

[saintly_1]

ou will next recieve a Notice of Transfer to your local court.

[grundon]

Hi - any idea how long does it take to receive the notification of transfer to local court? and does this arrive through the post?

 

Also, is there anything i should be doing in the meantime?

 

Help appreciated, as always

[oneofakind]

I think you're looking at a couple of weeks or more, I understand MCOL is pretty much overwhelmed at the moment......

 

Much help here: http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html