xLOCOx v Barclays, BarclayCard, Lloyds (Partner) **WON**

[xLOCOx]

Hi,

 

I am in the process of reclaiming my bank charges and got to the stage of filing a small claim at Edinburgh Seriff Court. So far I've been full of enthusiasm and found the course of all the proceedings fairly straight forward....up until now:o .

I received a confirmation from Sheriff Clerk's Office stating:

 

I enclose the photocopy of the front page of the Small Claims Summons lodged by yourself and three forms (11,12 & 13)..........You will be required to lodge a minute with the Court no later than 4.45pm on the Friday before the Preliminary Hearing Date giving instruction on whether you want decree pronounced, or some other order.

 

No reminder will be sent and if you fail to minute your case may be dismissed, decree of absolvitor may be granted, or a decree for expenses against you may be granted.

 

Hm, all very well, but what do I do next?

 

All advice would be very much appreciated.

 

______________________________________________________________

Barclays Bank:

PAR sent 05/03/07 £629.53

Standard letter from Barclays received 13/03/07

LBA sent 19/03/07

No response, made a phone call 27/03/07 - no success

Small Claim filed @ Edinburgh Sheriff Court 28/03/07

Gesture of Goodwill from Barclays £440.00 05/04/07

Refusal sent (as small claim already filed) 10/04/07

Barclays file defence 19/06/07

Court Appearance 26/06/07, Barclays did not appear

Court Decree granted and received 18/07/07 for the whole sum + 8% Interest + Court fees

Payment received 01/08/07 won!!!!!!! whole amount + interest 8% + court costs

 

BarclayCard

PAR sent 13/03/07 £597.44

No Response

LBA sent 28/03/07

Goodwill Gesture £264.00 received 29/03/07 (dated 22/03/07) and credited to my card

Refusal sent (accepted as partial payment only) 01/04/07

Made a phonecall 12/04/07 requesting full amount - was promised a call back within 48 hours - No Phone Call Received

Letter received 13/04/07 - no further refund will be paid

Small Claim filed @ Edinburgh Sheriff Court 22/05/07

Barclaycard File Defence 15/08/07

Barclaycard Offer 17/08/07 of remaining £358.00 happily accepted.... That's it....... WON!!!

 

 

Lloyds TSB (Partner)

PAR sent 28/03/07 £158.49

Standard letter received 06/04/07

LBA sent 12/04/07

Lloyds Offer of £220, Happily accepted WON !!!!! 30/05/07

[Rooster-UK]

Hi xLOCOx.

I'm not au fait with the Scottish judicial system.

I'll try to get someone who is to help you.

 

Regards, Rooster.

[Bigmac versus]

Hi xLOCOx have a look below

 

11Form of minute - no form of response lodged by defender

12Form of minute - pursuer not objecting to application for a time to pay direction or time order [this should also include a minute for decree]

13Form of minute - pursuer opposing an application for a time to pay direction or time order

 

Go to the court and they will explain everything to you, by then this may have changed if the bank has made their intentions (date) to defend the claim, 11 and 13 id say.

Will run through it with you tom evening if your on give me a shout.

George

[xLOCOx]

Rooster, Bicmac v...Thanks for your prompt replies, especially at this time of the day can be said even supersonic.

[Bigmac versus]

Hi xLOCOx im a little confused as to why you have these forms and was wondering if you could give me some details to help me guide you.

12 and 13 is when there is time or not allowed to pay the claim, these are not available to the likes of a company (im sure) so puzzles me, form 11 is the one where you ask for a decree plus expenses if the bank fail to respond/settle at hearing date.

 

1/ What amount is the claim for?

2/ Can you give me your return date and hearing date.

3/ Depending on Q2 above have the bank made their intentions clear as to your claim, defend or no respond?

[xLOCOx]

Hi Bigmac v, sorry for the late reply. As to your questions:

 

• the amount is for £629.53
  
• the return date is 19/06/07; the calling date is 26/06/07
  
• as per my first post, I lodged my claim @ Sheriff Court on 29 March and have not yet enquired about the bank's intentions

The Sheriff Clerk's Office confirmation states:

 

"The day after the Return Date contact the Court to see if there has been any response by the defender."

 

...and follows:

 

• "If the defender denies the claim the case will call and you must appear or be represented in Court on the Preliminary Hearing Date. (In this one circumstance you do not need to lodge a minute with the Court)."
  
• If there has been no response by the defender and you wish to minute for decree as craved complete Form 11 and send this back to the Court. You will not have to appear in Court. The minute must be received by the Court no later than 4pm on the Friday before the Preliminary hearing Date. If you want to claim expenses please clearly state the amounts claimed. If the case has been settled you may minute to have the case dismissed, or continued for settlement etc."

Then there's guidance as to when to use Forms 12 and 13 as explained by you in your reply.

 

Form 9 is not mentioned at all.

 

So, it seems to be pretty comprehensive , my main query was about -

 

No reminder will be sent and if you fail to minute your case may be dismissed, decree of absolvitor may be granted, or a decree for expenses against you may be granted.

 

>>> What date are we speaking here?...and what it means for that matter?

 

>>>Does Preliminary hearing Date = The calling date?

[Bigmac versus]

Hi xLOCOx OK now i see, the forms you refer to 11,12, and 13 (which i think 12 &13 are wrong) wont be used unless the defendant dosent respond by the return date 19/06/07, in that case you would complete form 11 decree as craved and if this was in court no later than 4:45 on the Friday before the prelim hearing (26/06/07) which would be the 22/06/07 then you would not need to appear.

 

In short if the bank dont settle with you and on the 20/06/07 you check with the court to see if the banks have made their intentions and they havent responded then fill form 11 decree as craved with your expenses. You need to have these in by Fri 22/06/07 before 4:45pm.

 

 

PLENTY OF TIME BEFORE THEN FOR THE BANK TO SETTLE, any progress let me know.

George

[xLOCOx]

Hi,

 

this is an update on my Barclaycard proceedings. Have been offered £264.00 as opposed to £597.44 claim as a goodwill gesture that (and I only found out today) has already been credited to my account. This offer was accepted by me as partial refund only as explained in my letter where the remainder was requested again. Unfortunately no reply from Barclaycard.

Sooo, called them today as my deadline has already passed and was put through to an operator who was actually very pleasant to speak to but claimed that no such letter had been received by Barclaycard.

....Now, it was sent recorded delivery, but, surprise, surprise the letter cannot be tracked through Royal Mail and no reason given. It was sent 1st class on 1 April, so should have been delivered ages ago.

Anyway, I was promised by the Barclaycard operator to be called back within 48 hours.

....I wonder what happens if the letter has really not been delivered,......do I just carry on with the County Court or give them another chance???

[xLOCOx]

Thanks George,

 

that makes it quite clear. Thanks again for your help, keeps the trembling to minimum .

 

Anyway, went through your thread, it's close to a novel soon.

 

Cheers

[Bigmac versus]

Anyway, went through your thread, it's close to a novel soon.

PMSL

[xLOCOx]

....Now, it was sent recorded delivery, but, surprise, surprise the letter cannot be tracked through Royal Mail and no reason given. It was sent 1st class on 1 April, so should have been delivered ages ago.

 

....I wonder what happens if the letter has really not been delivered,......do I just carry on with the County Court or give them another chance???

 

What are your thoughts on that?

[Bigmac versus]

You have proof of postage therefore you carry on id say.

[xLOCOx]

Ok, I will wait 48 hours just in case they call as promised and then proceed .

 

Thanks George.

[xLOCOx]

Ok, just received a letter from Barclaycard stating that their offer of goodwill was sufficient and no further refund will be paid.

 

That's me off to the Seriff Court, I think...

 

Also, can I update my Charges and Interest calculations when filing a small claim as I missed couple charges in the early stages of the claim?

[xLOCOx]

My partner has just got a letter from Lloyds offering £220, which she will of course accept, especially as she claimed £158. Good stuff, hope that Barclays will act similarily... Come on Barclays....

 

 

______________________________________________________________

Barclays Bank:

PAR sent 05/03/07 £629.53

Standard letter from Barclays received 13/03/07

LBA sent 19/03/07

No response, made a phone call 27/03/07 - no success

Small Claim filed @ Edinburgh Sheriff Court 28/03/07

Gesture of Goodwill from Barclays £440.00 05/04/07

Refusal sent (as small claim already filed) 10/04/07

Barclays file defence 19/06/07

Court Appearance 26/06/07, Barclays did not appear

Court Decree granted and received 18/07/07 for the whole sum + 8% Interest + Court fees

 

BarclayCard

PAR sent 13/03/07 £597.44

No Response

LBA sent 28/03/07

Goodwill Gesture £264.00 received 29/03/07 (dated 22/03/07) and credited to my card

Refusal sent (accepted as partial payment only) 01/04/07

Made a phonecall 12/04/07 requesting full amount - was promised a call back within 48 hours - No Phone Call Received

Letter received 13/04/07 - no further refund will be paid

Small Claim filed @ Edinburgh Sheriff Court 22/05/07

Lloyds TSB (Partner)

PAR sent 28/03/07 £158.49

Standard letter received 06/04/07

LBA sent 12/04/07

Lloyds Offer of £220, Happily accepted WON !!!!! 30/05/07

[Bigmac versus]

Result and hopefully yours will be returned soon.

[xLOCOx]

Cheers George, your thread seems to go on though, it's gonna slow down CAG's servers at this rate..., hope you will sum up soon..., so that you can just wonder round other threads and spread the wisdom...

[xLOCOx]

Just spent the last 8 hours printing, copying and scaning 256 pages for my court bundle, but cannot get hold of 2004 Terms and Conditions anywhere on CAG or elsewhere. Can't believe I don't have them among all the paper junk I always keep.

I've got the latest ones that were sent with Barclays' refusal of settlement. Is there any point in adding those to the court bundle???

Any help would be much appreciated as time's....well, there's no time....

Cheers...

[xLOCOx]

Today's the return date for my Barclays case. Couldn't wait till tomorrow so called the court this morning @10:00 only to be told that I'm too eager and the bank has till close of business to reply. Now, they've had two and a half months to do so, so hope they didn't manage to respond in the remaining 7 hours and it's all good news tomorrow morning.

 

Is there a thread about what can be claimed as expenses?.....or am I just getting greedy here???

 

But more importantly, I lodged my case back in march, with the schedule of all charges. Now, let's say the bank doesn't respond and I win by default. As I have incurred 2 more charges in the meantime, can these be claimed as part of the original claim?

[xLOCOx]

...and they managed to file defence in those last 7 hours, that's timing I say. Reading the previous post makes me cringe, seeing how I let myself go far too soon. lol.

Hope all goes well, can't believe I'll have to go to court though...

[Bigmac versus]

Who says you need to go to court, settlement soon id say.

[xLOCOx]

cheers george, having gone through most of your posts and realizing you're usually right, has a calming effect , just got this funny feeling..., anyway the court clerk said the same, that was before my battery run out so didn't find out on what basis they want to defend.

Hope they pay up soon and I promise I won't be in red again, lol.

[Dusary]

...and they managed to file defence in those last 7 hours, that's timing I say.

 

Yup!

 

Sure is!

 

You've taken them to the wire and they've done the same to you. I've noticed that happening in some other people's threads.

 

CHIN UP!

Reading the previous post makes me cringe, seeing how I let myself go far too soon. lol.

Hope all goes well, can't believe I'll have to go to court though...

 

Take care - and good luck!

[xLOCOx]

Cheers Dusary,

 

got 2 letters this morning. 1 from the court explaining Barclays Defence, 1 from Barclays offering settlement. Excellent!!!!!!

I'm very happy, but hey there's still something that could be improved on.

• they're offering the whole amount of charges plus interest. Now this amount equals to the one that I specified in my PAR. As I included interest in my first letter, it will have grown in the meantime and that's not reflected in the offer. Can I claim the latest interest?
  
• Court fee that's been paid to Edinburgh Sheriff Court totalling £39 pounds is not included, eventhough the letter states '...we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and any court costs, which comes to £xxx.xx, subject to the terms set out in this letter'. This is simply not true the £39 is not there.
  
• Also and this is slightly far fetched but there have been further two charges in the meantime, can those be claimed together with the initial claim?

Anyway I am very pleased with the offer anyway. thank's CAG for all the info that's been made accessible, great help and especialy Rooster-UK for prompt first reply @ 00:42 a.m. and Bigmac Versus for his support and neverending optimism.

 

...one more to go...

[Dusary]

Possibly give them a call:

Update them on the latest interest.

Tell them that they haven't included the Court Fee.

I'd go for the lot!

 

If they get stroppy - tell them you STILL intend to go to Court (assuming you haven't cancelled it, yet).

 

Make sure that the money is ACTUALLY in your hands before you sign anything.

 

!!!CONGRATULATIONS!!!

 

!YOU WON!