Kapalika v Barclays The story so far...

[Kapalika]

Good afternoon all.

 

I thought I would post my story so far both for myself and for others who may wish to read it.

 

At the end of November 2006, I sent my SAR and received 6 years worth of statements (with my returned £10 cheque) on 7th December.

 

I added up the charges and it came to £2735. At this point I also added interest on top. My MISTAKE.

 

Sent my letter requesting full repayment on 22nd December 2006.

 

On 9th January 2007, I received a letter from Barclays offering a goodwill offer of £1000. Wrongly or rightly, I decided I wanted some dialogue with Barclays. I called the Customer Relations Manager, who within 2 minutes offered me £1400. I said I would think about it and ended the call.

 

Obviously decided against this offer and sent a letter on 17th January (LBA) accepting this as a partial offer.

 

I heard nothing else within the 14 days, so I then completed the N1 form and used Vampiress' advanced spreadsheet. I found out that I had missed a few charges, added these and the total was now £3854(including interest) and added the £120 Court Fee.

 

I sent a copy to my local court, Kingston -Upon-Thames, as well as copy to Barclays Legal Team with a covering letter notifying them of the new schedule of charges. this was on 2nd February 07.

 

22nd February I received from Kingston County Court "Notice that Acknowledgement Has been Filed" and that Barclays had 28 days to file their defence.

 

15th March I received Notice that Defence has been Filed (N152), My Allocation Questionnaire and Barclay's Defence.

 

The Defence was pretty much the same as others that I have read with the exception of one line.

 

"This defence is summary in nature and the Defendant reserves the right to amend this statement of case in due course"

 

TBH this may have appeared elsewhere, but I've not noticed. They also spelt my name and Kingston wrong!

 

Filled my AQ in and used the new strategy from this forum for section G and sent £100. Also sent to Barclays (a copy) with the charges again. I have done this throughout.

 

Today I have received Notice of Allocation Hearing (Listed With Other Cases) to be heard at Kingston on Friday 20th April 07 at 10.30am.

 

The attachment stated because District Judge XXXX who has considered the papers in the case has decided that such a hearing is necessary before a final decision about allocation of the case can be made.

 

So, there we go. Off to Allocation Hearing next week.

 

Sorry this is very long.

 

Thank you CAG

 

Will update this after the hearing:)

[Bookworm]

That's what I like to see, a new poster who's done his/her homework!!!

 

Well done you, seems you've got it all in hand! ;-)

[Kapalika]

Thanks Bookworm.

 

I can't say I'm looking forward to next week, but there is plenty on this site to help me through it.

 

AND I did make some mistakes in the beginning. The important thing is not to stress too much, merely amend & inform the defendant.

[Kapalika]

Just a quick note, make cheques payable to "HMCS", whichever court you go to.

 

I know it sounds obvious, but I slighty worried abut this!

[Kapalika]

Apologises, a very late update.

 

So my allocation hearing was for the 20th April.

 

Around the 16th I decided to email Krysta with the title "claim no xxxxxx, name, hearing on 20th April"

 

I asked whether they wished to settle or should we proceed & meet in court.

 

Slightly sneaky not mentioning it was an allocation hearing.

 

Within 10 mins had an email from another legal clerk asking frantically for me to call, they weren't aware of the hearing, must be a clerical error& he couldn't locate my file.

 

I called a few times and finally got through, he was very apologetic, explained how busy he was (understandably). At no point did he ask what kind of hearing it was and I didn't volunteer the information.

 

Emailed him the updated advanced spreadsheet, 2 days later he called....

 

He told me he didn't understand my calculations.

 

So, I took him through them, he still said he didn't understand why I was claiming the interest I had incurred (plus the interest on top of that if you see what I mean)

 

I asked him politely if had come across this before, and he said "Listen, you are going to have to stand up in court and argue this, you know."

 

I said, " Do you believe this will go to Court"

 

Answer sheepish " well no, but.."

 

Anyway I explained again, we finally understood each other and he agreed to settle in full!

 

Received the offer in a PDF format, printed off, signed and faxed back.

 

Now this was the 19th at 4pm.

 

So no funds in the bank and therefore I had to attend Court.

 

Was at Kingston County Court on 20th, believe there were quite a few CAGers there! I took with me the Allocation Hearing letter and offer from Barclays.

 

Waited for over 2 hours, whilst Lloyds, amongst others, Counsel arrived.

 

I was called in, friendly and smiling Judge.

 

Asked had I heard from the Defendant

 

Me "Yes sir, they offered me a settlement yesterday"

Judge "Are you happy with this"

Me " Yes I am "

Judge " Have you received the funds?"

Me "No.

Judge " OK Mrs XXXXXX " Scribbling notes.

 

" Am ordering the Defendant to pay in full the amount of xxxx by 18th May.

Claimant present

Defendant is not present"

 

I was in there with the Judge for all of 5 mins maximum. he was rather dapper

 

Got home to find the funds had been credited to my account, I was like this ---->>

 

Can I have a *WON* please?

 

Also can I ask a question?

 

Do you think I was wrong not mentioning what kind of hearing it was?

 

Oh and the survey and link to contribute please.

[saintly_1]

Congratulations

[Kapalika]

Thanks very much Saintly:)

 

That was rather nice of you

[moggieb]

Very well done, congratulations and enjoy your sucess. I love to read all the happy endings!!! Hopefully I'll post my own eventually although I've a way to go yet as I'm only at the LBA stage.

[CAZKATJOE]

CONGRATULATIONS YOU.

And absolutly not, i have heard of a few cases where they didnt tell what hearing it was, so you are not the first, and wont be the last, because believe me if i get a date, i will be phoning exactly the same as you.

Caz

Well done, have a great weekend.