dave vs barclays

[skint dave]

Hi all,

I sent off request for payment letter on 31/3/07 recieved a letter back saying the usual rubbish we are sorry bla bla bla, we'll let you no by 4th may, I heard nothing.

so sent off lba it's been over the 14 days, I gave them a bit extra to cover the bank hoiday, still nothing.

so today I filed with mcol, can anyone tell me what I should do now?

 

thanks in advance.

[saintly_1]

once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

 

 

 

 

Hope that helps

[skint dave]

Thanks Saintly,

 

Should I amend the schedule of charges, and add the £120 court fee?

 

Am I right in thinking that If they dont settle in full in the next 14 day's I start judgment?

 

Do I need to give my claim no to a mod?

 

sorry if i'm sounding a bit thick,

[saintly_1]

if you used the spreadsheet from here it automatically updates everytime you open it ..... the court fees are not added to your list of charges as you cant claim interest on them . No B's wont settle in 14 days . they have the 14days to submit their defence .... yes pm a mod with your claim details

[dar£n]

Skint,

 

I actually DID include my court fees in my SOC's but below the final total line for charges + interest,

purely for my use and instant totalling for the final figure,

if you know about spreadsheets you can add the court fees to the total so it gives you a new total which increases as the interest does. just so it is immediately clear the second you open the spreadsheet what your new figure for today is.

 

but as Saintly so rightly states, interest is not claimed on fees.

[saintly_1]

I knew they were added somewhere but didnt know where im not at that stage yet unfortunatly

[dar£n]

Saintly, dont read my post wrong, As the procedure goes, correspondence with the defendant [b's] do NOT include the interest UNTIL you are forced to take court action to recover your charges, Once you complete the MCOL or N1 then the charges are added.

 

My example was a personal choice for quick reference.

[skint dave]

Thanks guy's

 

so do I need to wait for 14 days untill I click judgment button on the mcol web site?

 

what happens when the 14 day's are up?

[CAZKATJOE]

Hi Skint dave, yes you need to wait 14 days and till after midnight, however please be aware that BB have been defending very late and getting away with it, so if it comes to this, maybe give them a couple of extra days just in case

[skint dave]

surley if they dont defend within the 14 days given to them, then they loose.

[saintly_1]

have a read of some other treads on here you will be amazed at how often B's get away with filing late

[CAZKATJOE]

As saintly says, have a read of other threads you will be amazed. They shouldnt but they do.

You may get lucky like i did and they make defend early.

Hope this is the case.

Good luck

caz

[skint dave]

Thanks for all your help guy's.

[saintly_1]

Saintly, dont read my post wrong, As the procedure goes, correspondence with the defendant [b's] do NOT include the interest UNTIL you are forced to take court action to recover your charges, Once you complete the MCOL or N1 then the charges are added.

 

My example was a personal choice for quick reference.

 

I honestly wasnt reading more to your reply ... im just getting fed up of waiting for my statements so i can start ...

[skint dave]

I have been reading other threads and everyone else has recived some sort of good will gesture before they start mcol, yet I have not even had a responce to my lba, is this normal or have a made a boo boo some where?

[skint dave]

^^^^^^^ anyone?

[saintly_1]

Its not unusual for B's ...... did you send everything by recorded/registered delivery ?

[skint dave]

no I just sent them normal 1st class.

[saintly_1]

Have you checked on mcol to see if your claim has been deemed served ?

Reading back it should of been served by the 16th as you filed on the 11th B's then have till the the 30th to acknowledge and if they do that then they have till the 13 April to defend

[skint dave]

thanks for the speedy responce saintly

 

 

status of claim on mcol is issued. (is that what you ment)?

 

it was issued on the 14th, deemed served on the 19th, they have till 2nd of june to responed.

I have sent 2 copys of schedule to northampton.

is there anything else I could be doing?

 

thanks again

[CAZKATJOE]

Hi skint dave, I never received anything from Barclays until after i filed the MCOL, then i got my first offer/letter, i thought they didnt know i excisted and was very relieved, so know how you feel, i am sure it is fine. But remember from now on to send recorded delivery just to be safe, expecially with court stuff

Hope this puts your mind at rest Caz:p

[skint dave]

Thanks caz feel better now. (i'm not flapping quite so much now)

 

i will defo send things recoreded now.

[skint dave]

bump

[skint dave]

Hi guy's i've just had a look on mcol and the claim has now been acknowledge, is this just something to buy barclays more time?

do you thinks it's time to start my court bundle now?

 

Thanks dave

[saintly_1]

the acknowlegdement just gives B's 28 days from when the claim was deemed served

Bit early to be getting court bundle ready but no harm in familiarising yourself with whats needed

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

Hope this helps

Saint