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dfective vs barclays


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Hey all,

 

Seems like a great site you have going on here. I'm finding so many comments helpful in my case.

 

Anyway, to cut a long story short, I've submitted a letter to Barclays asking for £1,400 in unfair charges to be put back into my account. Barclays responded with an offer of around half that.

 

I then submitted a claim via money claim online. They held out for achknowledgement and now have filed a long defence (from the looks of things it seems they've used a template defence response and lots of other people are receiving the same thing). I'm kinda worried about the first two points of the defence as they are saying that the claim was too vague and didn't highlight the actual charges I am claiming back for.

 

In my original letter I HAD NOT sent a list of charges I want to claim back for to Barclays. Instead I requested a copy of all statements, highlighted all the £30 charges and then inserted the £1,400 figure into the summary of claim box on my Money Claim Online form. Also (being stupid at the time), I did not file any claim for refund of lost interest! Will I lose my case for being stupid??!!

 

The defence was accompanied by a letter from Money Claim stating that my claim was in the process of being transferred to my local court, although the covering letter had a bit saying "please fill out and return the AQ asap" it was crossed out with pen?! Are courts not accepting AQ's anymore? What does this mean for me?! At the moment I'm just awaiting a following letter with a hearing date...

 

I think I've ruined my case already :-(

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Don't worry all is not lost.

 

MCOL is dispensing with AQ's now, so that's normal.

 

You should have sent a schedule of charges. Send a copy to Barclays (address on the Notice of Acknowledgement) and 1 to your local court with coverinbg letter asking them to add it to your file.

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N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

N1 - hard copy version - Particulars of claim

4. Particulars of claim - N1 - hard copy version

N244 - application notice

Form N244 - application notice

 

 

With regard to the N244 -

 

Top left hand box:

 

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

 

amends my particulars of claim

 

because:

I have become aware of further charges levied and therefore there is an increase in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim,as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

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just spoke to my county court. they said I should send this all through but write in red all ammendments on the new N1 i'll be submitting.

 

he was saying something like everything I say on my n244 or n1 should we worded EXACTLY like some other form he referred to "about filling in court forms" otherwise the judge might throw it out?

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also, since my claim i've received MORE charges from barclays.

 

can i slip these into the new ammended n1?

Yes, suggest you make a new schedule of charges.

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it and print out as your schedule of charges.

 

 

so i should really just make the whole lot red

Yes if you use the POC's from post#11, thay are totally different from MCOL POC's
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Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

 

Whats the difference between these two? my interest worked out around £150.. where does that go?

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Post got deleted, hmm.

 

I cant get the N1 to write in a red colour, will this matter? Also at no point in my N1's does it state that this is an ammendment. It basically looks like a whole new claim.

 

Will this matter also, seeing as though I am sending a n244 with it?

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  • 5 weeks later...

Ok I'm back. I've managed to get the court to accept my new POC's which is good. Makes the claim around £1,800 now.

 

My date has been set for the 11th June. Thats 18 days away. What should I expect from Barclays now? Should I call them and see if they'll settle?

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