No reply from rejection letter

[fluffybunny]

Barclays bank offered my £385 instead of my £545, which is what I had calculated it to, using the template all this was sent to them, giving them dates of when I wanted a reply back, I refused the offer as final payment and gave them untill the 15/04/07 to reply back or else I would start court proceedings, I am not to sure what to do now as they are well over the time period I originally gave, Please help

[PPMAN159]

Do as you said in your letter-take them to court.

 

What you must remember is that the banks will take as long to respond to you as they think they can get away with so dont sit back-hit them where it hurts.

 

Do lose heart at this stage-stick with it

[fluffybunny]

I am not to sure on how to do that, I cannot find any details on how to go about it, I ahve ing a brain numbness day, normally I can find all the templates in here but today they are all hiding, can anyone point me in the right direction.

Thanks

[PPMAN159]

Try starting here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[sami_pea]

I'm at the same stage with Halifax, using the N1 form on this page: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

or Money claim online on this page: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

I have sent schedule of charges but need to calc interest....can seem to download spreadsheet as the page is unavailable...who do I need to contact to get it up and running again as I need the spreadsheet...?

[fluffybunny]

I sent the court claim to Barclays via the money claim on line and they have not replied they had up to the 05 June 07 to reply but have not, I beleive now I have to do a judgement in default but have no idea how to go about this can anybody help?

[molsi01]

Im at exactly the same point as you:

Molsi01 v Barclays

 

You can read what I did in my thread...

[saka]

Hi fluffybunny,

I had the same scenario. Deadline had expired and B's hadn't filed their defence. So I went online and tried to apply for judgement by default. This was declined, as B's had filed their defence in the last minute. Some days later I received the (standard) defence by post together with a notice of MCOL that my case has been transferred to Bow County Court, and I am since then waiting for a court date or letter from Bow County Court.

[fluffybunny]

Hi Everyone,

 

I received my notice of Transfer of Proceedings yesterday to my local court.

Barclays are asking it to be struckout as it does not disclose reasonable grounds for bringing a claim and is an abuse of the courts process.

 

I sent the claim by MCOL and as we all know it does not give you room to say much, and I must admit only said the bare minimum , basicaly name, account number, dates to and from and the amount and a short reason why.

I am now worried that they really are going to throw it out, I went through the whole letters to the bank and they even offered my an amount but was way short of what I was actually owed. Is there anything I can to try and rectify this.

 

Thank you

[fluffybunny]

I have had my notice back to say that it is going to my local court, but I am worried as Barclays have asked it to be struck out due to not disclosing reasonable grounds and not providing details or particulars of the claim.

I did the claim on the MCOL, and I put on my name, account number dates to and from and amount and a small account of why.

It does not give you much room and I could nit fit in all the details as I had done on my letters to Barclays.

I am now worried that it will be thrown out as the court will not have seen all the letters that I have wrote, even the one that Barclays sent offering my some of the money as a final payment.

Any advice on what to do now?.

I have printed off the letter that is on template to send to the court along with the excell charges sheet including the 8% interest, should I send this to the court?

[welshcakes]

Hi fluffy

 

Could you post the Particulars of Claim you listed on your MCOL?

 

Also have B's requested a Strike Out within their Defence? - if yes, post the 1st 3 bullets of their Defence (and if the Strike OUt reference is not one of the 1st 3, post that bullet point as well)

 

Have you received any instructions/deadlines from your local county court?

[fluffybunny]

I have posted the claims to the court today, they have requested a strike out within their defence, but I have not mentioned this in my letter..

All I received was a photocopy of there Defence and Counterclaim, nothing else

[dar£n]

Can you 'post' their defence on here so we can see exactly what they are saying is wrong with your POC's

 

Filing on MCOL its probably because it was a summary with no evidence.

did you forward your SOC's after filing at court?

 

you will need to send your full POC's AND an updated SOC to both parties if you havent already done so.

[fluffybunny]

I have already sent Barclays 2 letters including full spreadsheet details of the dates and amounts of the claims and what they were for , I used the letter templates on here and the spreadsheet as well, they sent a letterback saying that they would give me £x amount but it was short by some £180. I then declined again using the template letter, the next stage was the I will take you to court, I have follwed the advice on here to the book, but came unstuck here.

 

I sent the court the spreadsheet details yesterday by recorded delivery along with a letter stating my court details.

 

I will have to post the details of the defence when I get home, I have not brought it into work today.

What does SOC mean?

[dar£n]

SOC = Schedule of Charges [your spreadsheet]

[saintly_1]

you may have sent Barclays your spreadsheets with the charges on However these dont get passed to the Lit team so in essence they havent recieved them

[fluffybunny]

They have said in there Defence,

 

1. The partuculars of the claim do not provide setails or particulars of the account in question and/or the prcise charges allaeged to have been unlawful, or the date, furthermore, they give no recognisable cause of action, nor is there sufficiant material to enable Barclays to serve more than a bare denial of liability as a defence, The statment of case would appear to be an abuse of process and /or obstruct the just disposal of the proceedings and it does not apear to comply with CPR r16.2

2. They requet for it to be struck out.

 

They then go on to say that they area well within there right to charge "Paid Referral Fee" and administrative fees ect ect.

 

Should I send Barclats litigation the details again I have already sent them to the court.

Thanks

[welshcakes]

Hi fluffy

 

B's put this in their Defence regularly (so it's been a "standard" argument for lots of claims and you are therefore by no means on your own in receiving it).

 

I would send another copy registered to Lit team and in covering letter state that you're sending in response to their Defence and advise that you have also sent a further duplicate copr to court on xxxdatexxx - that way you are definitely covered should they try anymore stall techniques. I know it's a pain but that's B's for you.

[fluffybunny]

Thanks very much, makes me feel a lot better, I have just done the letter to the Litigation side of barclays including the SOC and have stated that I have sent it to the court as well.

 

Fingers crossed x

[fluffybunny]

Hi,

 

Need your help again, have just recieved a Notice of Allocation to the small Claims Track (Hearing)

 

It says that by the 3rd Aug 2007, the defendant must file and serve a comprehensive witness statement from a responsible employee with the statement of truth explaining bank charging regime and exhibiting all relevant documents justifying it, and , if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 06th Aug 2007 may apply for judgment.

 

Following making an order of courts own initiative.

 

Do I just wait to see if Barclays want to go to court or is there anything else that I need to do.

 

Thank you.

[welshcakes]

Hi Fluffy

 

Gosh, you are lucky to have had this Order from the court.

 

Basically the onus is now on Barclays to give a breakdown of how they calculate their charges. They have to submit this written breakdown to both you and the court by 3rd August...if they don't, you can contact the court on 6th August and ask the judge with Strike Out their Defence ie YOU WIN!

 

Barclays will NOT provide the information the court has requested so you have in essence won - well done.

 

"Do I just wait to see if Barclays want to go to court or is there anything else that I need to do."

If you'd like to potentially speed things up, ring Barclay's Litigation Team and let them know what the state of play is - they may not have even updated your file with this Order from the courts so might not know what you're talking about. If you have a scanner, it would be helpful if you had a copy of the Order ready to email them.

 

Alternatively, you can just wait for the 3rd of August to come (and go) without receiving the witness statement and then apply on the 6th.

[oneofakind]

Fluffy, this order is brilliant! Says to Barclays 'JUSTIFY YOUR CHARGES, NOW !!!'

Game over.

 

Which court is this?

 

:D

[Trucker]

You are nearly there fluffy... there is no way B's will comply... Contact the Litigation team and see if they would like to settle now!! All contact details on link below.. send email copying in all contacts

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[fluffybunny]

Hi Everyone,

 

Sorry I have not replied, I have been so busy recently and just not had chance to come on her and see what you have all said, and now I have looked I am really excited, it is now the 2nd Aug, do you think it will be worth me phoning the, up as they only have tomorrow left.

 

It is at the Oldham court just to answer your question, again sorry this is late.

 

What do I do next after tomorrow if I do not hear anything?

How do I contact the court, I mean what method and what do I say, not very good at this am I sorry once again, you have all been great.

 

Thank you

[saintly_1]

I would go to the court in person on monday the 6th Aug and apply for judgement