Fynraft Vs Barclays

[Fynraft]

Hello,

 

I started the whole process (much inspired by this site, thanks to everyone) with a letter to Barclays at the beginning of December 2006 asking for details of default charges for the last 6 years, these were promtly dispatched.

 

January 12, I wrote asking to be refunded for the charges, Barclays responed with an offer to refund around 50% as a gesture of good will. I replied February 9 that I would be happy to accept as partial payment but would continue to claim the remainder. I also stated that if they did not accept my conditions for acceptance within 14 days I would begin a County Court Claim.

 

Again they replied with an offer of around 50%. As promised 14 days later I filed a claim online. Barclays said they would defend the claim. By my reckoning, the 28 days have passed for them to submit their defence. I think I need a bit of guidance now as I'm getting a bit confused.

 

Barclays acknowledged the claim and expressed their intention to defend. This gave them 28 days to submit their defence. As the 28 days have now passed I looked at the MCOL website to examine my claim. It says that the status of the claim is Defence. It goes on to say that the Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

I have not received any further information from MCOL, does this mean that I can file for judgement, if so where? as it says that I am unable to take any further action online. If anyone has any advice at this stage I would greatly appreciate it.

Thanks

[Fynraft]

Hi again,

 

Here is the latest, Barclays had until the 1st April to submit a dfence, which they did on the 2nd. Reading the other threads I decided to phone Barclays and offer to settle out of court.

 

They were very polite but said that they could not discuss the claim until I have a hearing date, I explained that this will add another £100 on to the calim as I will send in my AQ with fee. The lady acknowledged this, but explained that due to the volume of claims they are dealing with that this is the only way fro the to proceed. I think they may be vfery busy at the moment .

 

Looking forward to sending in the AQ, but not paying again (even though I know I'll get it back). If I get all the money back, Barclays will have to pay an additional £500 due to costs and interest, money they could of saved if they had just reimbursed me straight away. Is it me or does this just not make sense for a bank. My interest is going up by nearly £18 a month! If anyone has any tips then I would be very pleased to hear them.

Keep sending those claims in.

 

Fynraft

[oneofakind]

No, it doesn't make sense, does it?

 

It's totally stupid. If they don't want to go to court (they don't!), then why the flip don't they just settle. They've managed to p**s off a large part of the court system with their attitude as well, to the extent that some judges are threatening to strike out their defence because they don't intent to actually go to court.

 

bottom line is, they waste OUR time.

 

they waste COURT time.

 

They waste their OWN time, and their OWN MONEY paying unnecessary costs and lawyers' fees.

 

These are the people we're supposed to trust OUR money to? I'm thinking of just stuffing mine back under the mattress.(not that it would make much of a lump!)

 

They couldn't organise a party in a brewery. :evil:

 

OK, rant over, back to work!

 

Best of luck with your claim.

 

David.

[Fynraft]

Hi All,

 

Getting a bit confused and stressed now, I made my claim online, this was subsequently passed on to my local County Court to deal with. I received a letter today from my the County Court saying that "upon reading the court file it is ordered that the matter be transferred to the Mercantile Court, Admiralty and Commercial Registry at the Royal Courts of Justice"

 

I was under the impression that it would be dealt with at the County Court level and so I'm not sure why this has been transferred. Does anyone out there have any idea as to what is happening. I have not read about it being transferred in other threads, although maybe I need to read a few more.

 

If anyone can shed some light on this for me I would be very grateful, seems like the wait must go on and on for this to be resloved. Is it common practise to transfer to another court? I understand why it got transferred from the MCOL to the County Court, but transferring to another court has come as a surprise. Is this a new tactic by the banks or something? I think I'm getting a bit panicky now.

Thanks

Fynraft

[dar£n]

it sounds like to me that you are well over the £5000 for the claim + interest + costs. is this right, this could be why the judge has transferred it.

 

Mercantile court usually deals with business claims, is your claim on a business account?

[Fynraft]

No, this is why I'm a bit concerned, the total claim including interest is just over £2200. I didnt think it was large enough to warrant being transferred

[dar£n]

http://www.hmcourts-service.gov.uk/docs/admiralcomm/Commercial%20Court%20Guide%20December%202006%20rev1%20rh%20clean.pdf