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ugly v Barclays


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Hi Ugly

 

In Small Claims Court, each party normally pays for their own costs regardless of which side wins. So even if you lose in Small Claims, the bank will pay their own costs (it's one reason they have til now been citing for why it's not cost effective for them to go to court but rather make a "goodwill gesture" settlement).

 

There is an opportunity to get the bank to pay for your costs if you win (whether it be by default or on judgement of hearing evidence).

 

Where the claim is over £5k (ie outside of the Small Claim boundary) then the winning side can apply to have their costs awarded (the other side has to pay) and this is where the Claimant risks being left with all the legal costs of the bank's Defence team.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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go for it Ugly, when i told the court about the letter Barclays sent mr regarding not paying because of the test case they wanted me to send a copy to them.

 

when i told Barclays they apologised and said to fax a copy of the judgement and they will pay me straight away.

 

still no money (been told i refused the full offer !!!!!!!!!!!!) amongst other things (i don`t feel they know what`s going on, too many indians and not enough chiefs ! the baillifs are coming..........

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  • 3 weeks later...

can you tell me if it is still worth sending in the warrent to barclays bank or just to wait to hear about the oft cant really afford to keep paying extra costs if nothing is going to happen any advice ???

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If you have the chance to get a warrent of execution then do so immediately

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Hi I have now applied for warrant of execution today to Barclays. I telephoned mcol today to arrange it and they said the stay was lifted can anyone explain what he meant he wasnt really helpful

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When did you get judgment ? Was it before the test case started ?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Ok ....... it might of been stayed by mistake along with all the other mcol cases ...... now that they have realised that the judgment had been given prior to the oft case they have removed it

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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if you have a warrent of execution then that means that they are going to approach the bank for the money owed :)

 

Have a read here for what you have applied for Her Majesty's Courts Service

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Hi well i have sent the warrent of execution of to the court i rang the court just to make sure i had the correct court on the form and the guy that answered said this should put a smile on the banks faces when they see it. Am i actually in the barclays bank forum as i will need all the help poss now if i have to go to court. Help!!!!!!!!!!!!!!!!!!!!!!

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Why will you have to go to court ???? what you have issued is a warrant for the courts to get you the money ...... you have won !!!!!

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi i requested the warrant of execution with mcol on friday and recieved an email on monday from the litigation team asking me to ring them which i did today spoke to greg who said they new nothing about the warrant but said if i faxed them a copy of the judgment to them myself i would recieve my bank charges faster than with mcol.

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I cant say what i want to say because it would get edited for bad language ..........

 

My betting is that they have recieved notification and are running scared

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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So, what should Ugly do now?

 

Send B's an updated SOC's including charges, s.69 interest to date and all Court Fees and demand immediate credit or cheque to settle.

 

Slick

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Hi when i first applied for my bank charges i asked for the 8% interest but forgot to add when i asked if i could add it after i was told i would have to pay for another request to be sent which at the time i was totally totally penniless. So at present i am only claiming bank charges and fee for mcol and now warrent is it too late to claim the extra 8% as well ????????

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Ugly, Thanks for the PM.

 

I'd send Barclays an updated SOC. Use this to set out your bank charges properly - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

The interest will be calculated for you automatically. Write on the sheet all Court Fees paid and this will give B's an up to date settlement figure. Send to Barclays telling them to pay you immediately or you'll leave enforcement in the hands of the Court.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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So the Lit team are now saying that they cant pay you directly they have to pay you through the bailiffs ? Have i got that right ?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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