seapring v Barclays

[saintly_1]

hi,

 

yes, i sent the spreadsheet with the interest on to the court and barclays, when i filed and they have now stopped from that day, putting any more charges on the account. The interest was hard to work out as it was a combination of my allowed overdraft and the one caused by their charges, and my account fees. I now await the 16th june

 

 

thanks,

seapring

The interest i was refering to is the s69 interest @ 8% this is the interest on the charges from the date the penalty occured and as such this amount increases daily ... everytime you open your spreadsheet this figure updates . The interest that you are talking about is the interest that B's charged you

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html

[seapring]

Hi,

 

thanks for the quick reply saintly 1. One thing in their wording bothers me a little, it says:

 

 

XXXXXXXXX XXXXX

 

v

 

BARCLAYS BANK PLC

 

 

1. The particulars of claim do not provide details or particulars of the precise charges alleged to have been unlawful or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the Claimants account for unauthorised borrowing (whether unpaid fees for returned cheques, "Paid Referral Fees" or any other such fees.), the defendant puts the claimant to strict proof of each charge and the date thereof. etc etc.

 

I sent them a copy of the charges and interest , as did the court, so what does this all mean please, do i have to resendd them the charges or is this just a standard letter of defence?

 

many thanks,

 

seapring

[saintly_1]

Its just their standard defence .... i know you will have sent them your SOC several times send them again .... 1 to the banks solicitors and 1 to the court

[dar£n]

have a butchers here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[seapring]

once again, thankd for the quick reply. i read that i need to send the AQ to the bank and the court, so do i send a photocopy to the bank and the original to the court?,also i just have their solicitore name, so i assume i send the list of charges to them at barclays head office. Am i corect in this thinking ?

 

 

thanks,

 

seapring

[Deller]

It's not compulsory to send a copy to the bank but always a good idea, so yes a copy to the bank is fine and the original to the court.

[seapring]

Hi Again,

 

In view of the subject announced yesterday where a judge is throwing out cases with barclays due to them never attending court, do I still send in the AQ with the attachments ssuggested by saintly 1?, as if still ok, will get it done on monday

 

 

many thanks,

 

seapring

[saintly_1]

Although some judges are throwing out B's defence not all are so i would suggest you do everything that needs to be done and not risk having your own case threw out

[seapring]

hI,

 

 

thanks.again.saintly1

 

seapring

[seapring]

Hi Folks,

 

Filed AQ today at court with a strike out request, so now sit back and wait and see what happens,

 

 

seapring

[saintly_1]

Hope the judge takes notice seapring Keep us posted

[seapring]

hi folks,

 

well its 1 week and counting since i took the AQ back and still no replies from anywhere, so just sitting back and waiting. I did get one mesage on my phone aking me to call barclays, but i the guy on the phone couldnt even pronounce my name right so i think i will just sit and wait.

 

 

seapring

[seapring]

Hi All,

well the plot thickens. I have not heard anymore from the court since i returned the AQ. I have however received a "red letter" from barclays once again informing me that my overdraft is over the agreed limit, due of course to all the charges they have piled on, and saying basically that they want something done about it asap.

 

my question is do i give this letter to the court, or ignore it, or is there something else i should do. Any help greatfully accepted as usual.

 

 

many thanks,

 

seapring

[seapring]

hi folks,

 

well it is nearing 2 weeks since i sent the AQ back o the ourt and have received no correspondence from anywhere including the court with a court date.Since barclays thretened to close my account over a wek ago, and most likely have, if that is the case, then i will proceed with a letter to the ombudsman and make a formal complaint.

 

What i would like to know, is how long it usually take after the AQ sent in to hearing from the court.

 

many thanks,

 

seapring

[saintly_1]

it all depends on how busy your court is ... sorry thats the best i can do ... give them a ring

[seapring]

Hi Folks,

 

Once again thanks to saintly1 for the reply. Today i received a letter from barclays informing me that my account is now closed and i have to return my cheque book and bank card.

 

having noticed that this is a usual tactic, should i now make an official complaint to the banking ombudsman about this, as i have noticed somewhere that it says to do so as it is classed as retaliation and is frowned upon.

 

I am still getting demands to repay the overdraft that consists of bank charges.

 

many thanks,

 

seapring

[saintly_1]

Contact the Bank in writing pointing out that you consider the action that they have taken by closing your account to be retaliatory , and this is in direct conflict with the F.S.A. who have declared that banks should not take retaliatory action against their customers. Inform them that you will be making an official complaint to the F.S.A. Financial Services Authority

 

Hope that helps

 

saint

[Bookworm]

Hmmm...

 

Apologies to my esteemed colleague here, but I take a slightly different view here. Bearing in mind that this is the first time I have come across your thread, and reading between the lines, it looks as if you ignored the letters they have been sending you regarding your o/draft. Please correct me if I am wrong.

 

Remember that your case is with their litigation section, so it is unlikely that lending/current account will be aware of it. From their point of view, they have a customer who is persistently ignoring a rapidly inflating debt, and has made no response to their attempts to be contacted.

 

With this in mind, I strongly suspect that the closure of your account is not a retaliatory action, but the standard action prior to default, and you are in a sticky situation. (Barclays are not in a habit of closing accounts, incidentally, so this confirms my feeling)

I think that you need to write to them ASAP advising them that you have a court action proceeding against them, that your account is officially in dispute, and that any attempt to register a default or taking you to court will be vigorously defended, and point out that your court action supersedes any they might be contemplating.

 

Remember that it is easier for you to stall any action from them than having to counteract them, so I suggest you do this as soon as you possibly can.

 

With this in mind, I suspect that any complaint to the FOS might not necessarily be successful, but that's in the future anyway, you can not complain to FOS now, as they will not look into a dispute which is subject to legal proceedings until the legal side has been resolved.

 

Your priority for now is to communicate with lending and let them know what is going on to stop any other action they are no doubt setting in motion as we speak. Don't rely on Litigation to tell them, this is something you need to do yourself.

[saintly_1]

No appologies necessary Bookworm I bow to your greater knowledge and experience

[seapring]

Hi Folks,

 

Thanks again for the quick reply saintly 1 and bookworm. I will send a letter to them today, as i thought that all departments would know what the other was doing. Obviously doesn't work in a bank.

 

 

Thanks again,

 

Seapring

[seapring]

Hi Folks,

 

 

I have just received a letter from the court with a hering date, which makes me assume there are many claims going on here, as the date set is 22nd October 2007. The application for barclays case to be dissmissed obviously didnt work, so I guess i now just sit and wait for the date,

 

 

many thanks,

 

sepring

[seapring]

hi,

 

just had a thought, would this be the time to contact the litigation team about a settlement as i have just read a post that itis thought that the banks may turn the tide later this year, and lso is it ok to contact them by e-mail as i have a slightspeecdefect and would be preferable,

 

 

many thanks,

 

seapring

[Bookworm]

No, it is way too early for you to contact them with your court dat ein October.

As for the banks turning the tide, says who? Someone at A&L who interpreted the Hull hearings to their satisfaction?

 

Let me tell you that in the 18 months or so that I have been on this forum, I have heard that rumour coming round a few times.

 

Anyway, you're missing the key element here: It's not up to the banks to "turn the tides", it is up to a High Court judge to make a precedent creating ruling which would have to overturn over 100 years of established laws regarding penalties. Different perspective, huh? ;-)

 

How did you get on with Lending and the account closure?

[seapring]

Hi Folks,

 

Many thanks again bokworm for your reply. The problem of the account closure etc sems to have come to a halt as i have not heard anymore from them since i wrote to them informing them of the court action.

 

When would you suggest i should phone the litigation team in regards to my claim?.

 

I read the article about the banks turning the tide in the daily mail .

 

 

many thanks,

 

 

seapring