Puddinpie v Barclays

[puddinpie]

Hi there

 

Requested my six years worth of statements ......... they came quickly with returned £10 cheque for charges.

 

Filled out spreadsheet and calculate in excess of £1200 charges. Sent letter today by recorded delivery to request refund.

 

I want the full amount back and am not prepared to compromise so I am thinking of preparing my court bundle in advance.

 

I have down loaded the court bundle from the templates section - however, could anyone tell me what I need to put in the OFT Statement Summary section ........................

 

Many Thanks

[dar£n]

there should be a link to the statement, i think it is in Adobe Acrobat format. the link was broken for a while but last time i checked was okay.

[puddinpie]

Okay update ........

 

Claiming £1276.00 Charges & Int and Stat 8%

 

Issued LBA on 16.04.07 and got an offer for £945.00 which I thought was quite a good offer......... anyway rejected it

 

Issued MCOL

 

MCOL was deemed as issued to Barclays on 15.05.07 (according to court document) so they have until 29.05.07 to acknowledge.

 

I really hope they do acknolwledge and defend so the claim can just proceed.............Worried that they might conveniently forget and then acknowledge late especially with it being bank holiday.

 

Will keep you informed of progress...........

[saintly_1]

even if they acknowledge late they still only have 28 days from the date of service NOT 14 more from when they acknowledge

[puddinpie]

Okay quick update...........

 

Barclays haven't acknowledged my MCOL so I have today sent them a recorded delivery letter stating they have failed to acknowledge and I give them 7 days afetr which time I will apply for judgement.

 

MCOL will allow me to file for judgement but I guess I could very well cause delays by doing so as Braclays will ask for it to be set aside ............

 

Anyone been in this position ????

[dar£n]

dont be surprised if it appears on MCOL in a few days.

[puddinpie]

okay update ............

 

Still not acknowledged or defended..........

 

I sent a letter 28th May saying they had until 4pm on June 5th to acknowledge and then I would issue judgement. Checked everyday on MCOL and telephoned them to double check.

 

Sent Barclays and email this morning reiterating what I wrote in the letter last week and saying basically look you have until 4pn tomorrow - get your ass in gear.

 

Recieved a response very quickly from Barclays:

 

Dear ,

Thank you for your email. According to our records your claim was acknowledged on the 25th May, and therefore needs to be defended by the 10th June. I am not sure why you have not been alerted by Moneyclaims Online about this, but there may have been a mistake at their end.

Thanks,

Tom Hickey

Okay - so I ring MCOL again and they state - NO THEY HAVE NOT.

Sent Barclays another email staing what MCOL have said.

MCOL have said to hit the judhgment button because at least then they will respond. They did say though that they will almost certainly apply for judment to be set aside and almost certainly will get it. Hence my reasons for not jumping in for judgement by default.

Anyone have any ideas ....??

[puddinpie]

Well ................. Barclays were telling the truth !!!!!!

 

Tom Hickey replied saying that they had definately acknowledged the claim on 25th May and he attached a copy of the acknowledgment form from MCOL.

 

Rang MCOL and they have made the mistake !!!!!!

 

They don't know how or why but upon receipt of the email from Barclays they update the claim.

 

Wonder if anyone else has been affected.............? I would advise if anyone has not have their claim acknowledged to send a swift email off...............

[puddinpie]

Quick update ont he situation. Rec'd this email from MCOL:

Dear ,

Thank you for your e-mail. I have placed the Acknowledgement on the Court file. I can inform you that the defendant in the claim has filed a defence yesterday (7th June).

The claim will be transferred to your local County Court in order that a hearing can be arranged. You will be sent written notification when the transfer has been completed.

 

 

David Brown

Administrative Officer

Money Claim Online

T: 0845 6015935

F: 0845 6015889

So in a nutshell Barclays filed their defence on 7th June.

I have yet to hear anything from MCOL or receive a copy of Barclays defence or to hear anything from my local court. ANy ideas how long this may take .......??

[puddinpie]

I am after a little help please..........

 

Received order today ...........

 

The following directions apply to the claim:

 

Claimant to submit within 21 days of service of this order send to the defendant and to court:

 

A. A schedule of each charge etc etc

B. Statment of evidence in support of claim.

 

Section 7 ........of statement of evidence

 

The Claimant further submits that the Defendant’s contention that the charges are now a legitimate service charge represents a contradiction to materials published by the bank previously. In correspondence with Lloyds TSB’s ‘Customer Service Recovery’ department in July 2006, Martin Orton, who is manager of the department, stated this in a letter: “As you are aware, I am afraid that it is the case that any items that are returned incur a fee in order that we can recoup our costs”. This was in response to a direct and plain request to justify Lloyds TSB’s charges. Throughout the letter, no mention was ever made of the charges as being the cost of any sort of ‘service’.

Does anyone have any copy's of letters please from Barclays I could use (please PM them to me as I cannot find any)

Thanks

 

 

[puddinpie]

Sorry to be a pain ........... Does anyone know eher I can find the transcipt of the Whistkleblower programme where a Braclays Manager stated £1.50 as the true charge

[saintly_1]

try the statement of evidence found on post #34 of this thread as it is more suited to barclays defence http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

[puddinpie]

I have completed the directions as shown in the order received from court.

 

It states that Barclays must then within 21 days serve the following:

 

File a witness statment in response to my schedule stating in respect of each item claimed :

 

a. Pursuant to what contractual provision such charge was made an produce a copy of the contractual document replied upon

 

b. Whether such charge is a penalty, and if not why not

 

c. If such charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimants actions, all facts andfmatters intended to be relied upon as showing that such is a proper such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

Cannot believe for one minute that they will comply with section C??

 

Says they have 21 days to comply (from when I submitted by documents)

 

Anyone else had this ?

 

What should I expect from Barclays now ?

[saintly_1]

its the same as the draft order approach that is suggested here only allowing 21 days instead of 14 http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

[puddinpie]

Am I right in thinking that Barclays will not comply with the directions as made by the court and produce a, b and c (post 13)......

 

Does this mean the end is nigh.........

[welshcakes]

You are indeed right in thinking that ... and yes, it is

 

Perhaps you might telephone Litigation Team to see whether they would likte to settle now rather than be defaulted for not complying

[puddinpie]

Well Barclays have until 1st August (tomorrow) to comply with the directions ordered by the judge.

 

The oder states that if the defendant fails to comply with the order, the defence will be struck out without further order and the Claimant shall be entitled to enter judgement.

 

Do I write to the court and make them aware that Barclays have failed to comply and ask for judgement to be entered?

[saintly_1]

Yes

[puddinpie]

I have today written to the court making them aware that Barclays have failed to comply with the Judge's directions and asked for judgement to be entered.

 

The order stated that if the defendant fails to comply with the order, the defence will be struck out without further order and the Claimant shall be entitled to enter judgement.

 

How likely is it that the Judge will still honour those directions and enter Judgment inlight of the test case?

[puddinpie]

Just spoken to the court ......

 

They have informed me that if Barcays do not comply with the Judge's order then I need to send a letter or call in asking for Judmenmt to be made.

 

He then went on to say the Judge won't be giving any Judgements inlight of the recent test case and I will have my opportunity to speak at my hearing on 24th Sept.

 

I find it SO DAMN ANNOYING.

 

He confirmed that if I had failed to comply with the order then it would have been thrown out ......How unfair is that

[MoneyKing]

HI

 

Which court is this?

 

That sounds harsh

[puddinpie]

Derby

[saintly_1]

...

[Bookworm]

Well, if I were you, I would just write in to the judge anyway, respectfully point out that the Defendant haven't complied with his directions, and ask for judgment, as per his directions.

 

You spoke to a clerk, not the judge. Don't necessarily take the clerk's word for gospel, and go for it. You just never know. Include a copy of the court's directions with your letter to refresh his memory. ;-)

[puddinpie]

Okay have written letter today requesting judgement as BB have failed to comply with order ........

 

I have enclosed a copy of the order to refresh the judges mind and enclosed copies of rproof of recorded delivery so prove i complied with the order.

 

Lets see what happens..........I'm not holding my breath though