leeroycal vs Barclays

[leeroycal]

Sent first letter today.

 

Charges £2,990

Interest £770.44

 

Total £3,760.44

 

I also have another account with them that I am totting up at present, but it should be less than this one, probably about £1k

 

Are Barclays still taking ages or have they adopted the Halifax approach?

[livelylad]

They are still dragging their heels but you will get there in the end.

[leeroycal]

had my standard complaint letter back. Investigating, up to eight weeks for reply etc.

 

MY 14 days is up today so I'm sending my LBA...

[leeroycal]

I have 2 accounts in dispute.

 

Account 1:

Charges £2,990

Interest £770.44

 

Total £3,760.44

 

Account 2:

Charges £1400

Interest £300ish

 

Total £1700

 

Account 1 (big money) LBA sent - they are telling me that they will get back to me before 25th June

 

Account 2 (less money) - LBA sent a weel after the one above. Received an offer letter yesterday for £1200. Are they replying and offerign on lesser amounts more quickly , or is it not that scientific.

 

Anyway, I'm sliding towards accpeting this, taking the "this is money I thought I'd never see again" approach and all that.

[leeroycal]

I have settled the smaller account 2.

 

However, I have done MCOL on Account 1 last week and so I now awaiting the bank's response.

[saintly_1]

congrats on the 2nd account

Good Luck with the 1st

[leeroycal]

Just had the acknowledgment of service from the court with Barclays stating that they intend to defend all the claim.

 

From what I have read this is pretty normal.

[Tipsy0nBacardi]

Yes everything seems to be going as it should

[leeroycal]

They've sent me a standard letter this morning offering me £2,200 as "full and final settlement". I plan to get the full amount through the court, but should I accept this but write back stating that I accept it as partial settlement and that I still intend to go to court?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

look ^^ select the letter that suits your claim and adapt to suit

[leeroycal]

thanks very much saintly

[leeroycal]

the 28 days in which they had to file a defence has now expired.

 

I have not head a letter from the court or anything to tell me that they have not entered a defence, is this normal? DO I now just write to the court to ask them to rule by default?

[leeroycal]

Also, I have had no contact telling me which court it had been referred to for a hearing.

[saintly_1]

I would suggest getting in touch with mcol ....... see if they have defended .... have heard tho that mcol is really struggling due to the high number of people making claims

[leeroycal]

recieved notification that they have defended and it is being allocated to the local county court in Rhyl.

 

Their defence looks fairly standard fayre, questioning completeness of claim, T&Cs, admin charges etc etc.

 

I assume I wait for a date from Rhyl Crown Court now?

 

Do I need to do anythign else? They mention returning an "allocation questionnaire" but I an't see one in the letter they have sent.

 

DO I need to do anything else? I assume they have no intention of actually going to court and are just trying to figthen me off, as per.

[welshcakes]

Hi Lee

 

Did you send through copies of your Schedule of Charges to both the bank and MCOL once you filed online? If yes, then you have nothing more to do at this point.

 

You willlikely either now get Notice of a court date or further instruction to submit paperwork from Rhyl court including whether or not they require an Allocation Quetsionnaire to be submitted.

[leeroycal]

I sent a schedule of charges to the Court when I filed. I didn't realise I had to send it to the bank also as I thought the court would do that when they informed the Bank of the claim.

 

Plus the bank had been sent two copies previously.

 

Anyway, I'll wait for Rhyl to get in touch. Cheers.

[leeroycal]

still heard nothing so phoned Rhyl court today. They say they have a pile of cases awaiting the district judge and that basically there is a delay since the announcement of the test case set for January. They say I will not hear anythign for at least a couple of weeks and then there may by a stay if the Judge decides it is the best course.

 

I could do with the money much more quickly, is it worth me contacting barclays litigation and trying to get them to agree to pay before court?

[saintly_1]

I think they are under instructions NOT to settle any cases prior to court hearings unfortunately

[leeroycal]

Had a letter from Rhyl COunty Court today, saying that they have transferred proceedings to Cardiff Civil Justice centre.

 

Weirdly, the text says "Upon neither party atteding IT IS ORDERED THAT this file be transferred".

 

I assume I wasn't meant to attend and that this was just a matter of procedure as I certainly was not sent any date for a court hearing.

 

What does this mean then? Is everything being transferred higher because of the test case?

[welshcakes]

Hi Lee

 

Even before the Test Case, Welsh cases were transferring (or as I call it herded) into Cardiff.

 

You weren't meant to attend the transfer, no one does, it's standard practise.

 

Unfortunately Cardiff Court, by their own volition (ie not because banks requesting) are automatically issuing Stays to bank charge cases however you are urgerd to send an objection to any Stay that is granted against your case.

 

Wait to hear from Cardiff - they will either send directions, a notice of hearing or a notice that your case has been stayed.

 

Post back once you hear from them

[leeroycal]

Cardiff have granted a stay with reference to the test case, including an attached explanation about the test case

[leeroycal]

I am going to settle my case with an offer that came in just as I started the court process.

 

Do I simply write to the court to inform them that I no longer wish to pursue my case as I am settling out of court?

 

Something tells me it won't be that simple...

[saintly_1]

Once you have the cleared funds in your account you will need to send a Notice of discontinuance to the court have a look here

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/112663-14-days-settlement.html?highlight=Notice+of+discontinuance#post1106541