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claims novice v Barclays


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Hi,

 

Help!

 

Have just looked at this site for the first time although I am quite a long way down the line in trying (I emphasise the trying bit) to get fees back from barclays. They have just filed a defence and so i expect to get a questionaire soon and from there a court date. It's got a lot further than I expected and hoped and I now anticipate that I might not get anything back having read a few threads on this site.

 

Having read one though i wondered whether it is worth ringing Barclays at this stage (not something I have contemplated till now) and asking them to settle. What does anyone thing? Is this a good idea or dangerous? Do they talk to you directly?

 

Yours,

 

Claims Novice

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Hello

 

I would keep everything in writing. This is standard procedure your seeing with most banks. You will get it all back eventually. The banks have'nt been to court yet for charges.

 

uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks for the reassurance. Although there seems to be some possibility of the judge ruling against the claimant it seems. Not sure why they might do that and in what particular scenarios though.

 

It seems that the banks prefer an informal out of court settlement (for obvious precedent reasons) so that's why I thought all the formal paperwork approach might end me up with getting nowt back and just saying to them: "I'm taking it all the way, what can you offer?" might speed things up. Anyway, am going to pursue it to the bitter end.

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If you follow the tried and tested procedures here, you will get it back.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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They have'nt turned up for Bank charges cases yet, only other issues like default removals etc. It can take at least 3 months or more depending on the court service. They have so many cases to get through.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Have moved all your posts here into your own thread.

Have a read through other claimants threads in this group,and keep yours updated too.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok, so now I've got a letter informing me that my case has been transferred to my local court. Interestingly, it says that in this case a questionairre will not be used. Which has thrown me slightly as this was the next stage i was expecting. Not sure whether waiving the questionaire is good or bad, although either party now has 14 days to have the case stayed so, given their timewasting activities so far I expect barclays to do.

 

So, now I guess i wait for a court date.......

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Yup. Use the time to go through some of the threads in the 'successful claims' section. Get as much knowledge of the system as you can. You'll be glad you did.

I don't personally see the banks going to court any time soon if they can avoid it; they have no case!

 

Best of luck,

 

D.

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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We seem to have seen a few courts doing this in the very recent past. I think it's because they know that the courts won't actually go to court an therefore no need to clog up the system with AQ.

 

I doubt Barclays will dare try it, it wouldn't get the case stayed, only the decision, and if they do that, and then settle before the case, as they do, the judges will be mightily p****d off, I should think!

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Thanks for all help and input.

 

Glad it's not unprecedented to waive the questionaire. However, I had heard that when people have filled in the questionaire then that's the point that the banks might offer to settle for around the full amount. Removing the questionaire therefore seems to make going all the way to court more likely. Unless one rings up Barclays and says: "What can you offer me?". However, i've been advised against this by others on this site. Tried to follow a few threads where people had tried this but couldn't quite manage it. Basically, I'd rather not go to court (but absolutely will if needs be). Guess I should just get used to the idea!

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