tnook vs Barclays

[tnook]

Hi all!

 

Thanks for all the great posts that have been invaluable so far. I am now at the stage where I filled my MoneyClaim against Barclays 7 days ago. So far they haven't responded, but I guess they will on the last day.

 

Does anyone think its worth going after charges from over 6 years ago? I am thinking about doing this after the the current claim for the past 6 years charges.

 

Will keep you posted.

[oneofakind]

I think a lot of people, myself included, are looking at second claims, once the first is sorted. The legal argument seems sound, but as yet, it's untested.

 

Mind you, so is the legal argument for claiming any charges! with any luck the banks will continue to fail to defend, and we'll ALL get our money back!

 

Best of luck with your claim.

 

[tnook]

Barclays just acknowleged the claim. Its getting exciting

[tnook]

Double dang Wish I'd spotted the Contractual Interest Spreadsheet after discovering Barclays rate is 27.5%.

 

Maybe I'll use it for my pre 6 years ago claim next. Just used it to work out a £5 fee from 1995 would attract £85.33 in interest totaling £90.33

[tnook]

Should I withdraw my current claim on MCOL and resubmit one with compounded contractual interest? Or is it too late?

 

:o

[tnook]

Received my Notice of Acknowlegment in the post this morning. Time to send a schedule of charges to the banks solicitors.

[tnook]

Just checked on MCOL, Barclays have filed their defence. I shall look forward to seeing the standard letter.

 

Is it worth me writing to Barclays to give them a chance t settle?

[tnook]

Preparing court bundle and have a couple questions:

 

1. Do I need the T&C's from the year I opened my account (1989) or will T&C's from for example 1996 be ok?

 

2. I am copying the bank statements, do I need to copy all sheets or just the ones which contain the bank charges I am reclaiming?

 

Thanks for any help! Much appreciated!!!

[Michael Browne]

1. Ideally from when you opened the a/c, but 1996 will be fine

 

2. Just ones with charges

[tnook]

Thanks Michael!

[tnook]

Completed my court bundle. A whopping 240 pages. My printer is smoking. Definately going to go for wasted time costs after this is done.

 

Do I need to fill in a form when submitting it to the court? Deadline is end of next week but I want to walk it to the court myself.

 

Barclays copy has been posted this morning. The litigation team must have gigantic recycling bins

[slick132]

Hi Tnook,

 

I hope they are shredding all the bundles - what a criminal waste of paper and energy.

 

Slick

[tnook]

Walked my Court Bundle to the county court yesterday, Very friendly girl behind the counter, she grinned and said "let me guess Bank Charges?".

 

How much should I claim from Barclays for the waste of time preparing the court bundle was?

[saintly_1]

you can claim £9.25 per hour ,cost of paper, postage ink ect ... but i wouldnt hold my breath about getting it as its pretty hit or miss if they do get it

[tnook]

My case is late August, I have just found out that I won't be able to attend due to a family commitment. Is there a way I can postpone the hearing?

[tnook]

Bump

[tnook]

The deadline for submiting court bundles was the 25th of July. I made sure mine got to Barclays and the court before then.

 

Unsurprisingly Barclays never submitted theirs. Can I ask the court for a judgement based on their failing to comply with the court directions?

 

Kinda want to make sure something happens before the case gets stayed and bogged down in the OFT Test Case molases.

[Fat.Controller]

The deadline for submiting court bundles was the 25th of July. I made sure mine got to Barclays and the court before then.

 

Unsurprisingly Barclays never submitted theirs. Can I ask the court for a judgement based on their failing to comply with the court directions?

 

Kinda want to make sure something happens before the case gets stayed and bogged down in the OFT Test Case molases.

 

Unfortunately not!. Barclays are not compelled to submit a bundle. It just means that they can't now introduce specific evidence to back up their arguement in court. The case will carry on as normal.

 

Good luck.

 

FC

[mitsy]

mines the same im up to court on wednesday and they have not sent me there court bundle either??

[Matrah]

Me too, i'm in court on wednesday down here in Torquay. Dino made a settlement offer, but said it had to be used to clear an alleged debt held by Barclays. Barclays had not submitted a bundle and he has just e-mailed me to say there will be representation and they will be applying for a stay. Pending the new test case result.

[tnook]

Grim grim grim. Very dissapointed in the OFT and FSA for allowing these suspentions.

[tnook]

Anyone? How do I get the hearing date changed?

 

I suspect it will get stayed anyway now, but I want to make sure I did everything properly.

[tnook]

I recently discoverd that I have a personal clash with the hearing date that has been allocated to me. I am totally unable to move the personal meeting.

 

Whats the best advice on how to handle this? I have been very thorough in my preparations, letters, 237 page court bundle, met all the deadlines, etc and was really looking forward to the hearing. I am worried since if I don't turn up I will most likely have the case struck out.

 

Should I leave instructions for the judge? Try to get an adjournment?

 

The hearing is in 3 weeks.

[welshcakes]

What sort of hearing ... Directions, Case Management, trial?

[saintly_1]

Hi you need to send a letter to your court welshcakes has given a good example on the carfdiff hearing thread

Dear Sir/Madam,

 

 

 

xxxx v BARCLAYS BANK PLC

In the CARDIFF COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [GIVE YOUR REASON FOR NOT ATTENDING]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully,

 

 

Then send it with the DRAFT DIRECTIONS in this link New strategy for Allocation Questionnaires

 

 

Send a copy of letter and DD to Barclays as well.