dave vs barclays

[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

[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

[saintly_1]

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

[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

[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 ...

[saintly_1]

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

[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

[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

[saintly_1]

they tend to enter their defence ant the 13th/14th/15th hour lol

Once they defend you will recieve Notice of Transference to a local court ... from there you will either get an AQ or you wont (dependant on the judge) if you dont you may still have to pay the fee for the AQ.. you will also get B's defence

[saintly_1]

nothing really due in the post yet ..... mcol sometimes takes a couple of days to update ... plus B's often leave it right till the last day or even later to defend ..... you can press the judgement but then B's will proberbly request a stay and it could add another few weeks to the conclusion of your case its been known for b's to be a week late with their defence and still have it accepted

[saintly_1]

I see males can have blonde moments as well ;-)

[saintly_1]

i dye mine blonde to match my roots ;-)

[saintly_1]

Unfortunatly i seem to have both tipsy lol

[saintly_1]

Its 28 days from when deemed served

hope this helps

[saintly_1]

not much you can do till you get your notice of transfer to your local court you could do some reading up on what comes next http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

other than that its just waiting again

[saintly_1]

Also you could start getting together your http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html tho i wouldnt print anything out yet ... just get it all together in 1 place so that you know where it is.

[saintly_1]

give mcol a ring see if they have sent it out yet ...... tho even when you get it you will still have to wait for your local court to contact you

[saintly_1]

I doubt it ........ it depends on how busy your court is as to how long they will take to contact you

[saintly_1]

You may still be sent an AQ by the court that your claim has been transfered to. Even if you dont get an AQ you may still be required to pay the AQ fee.

 

Yes that seems like B's standard defence .. what they are saying in point 1 is that they havent received your SOC (We all know that they must have at least 3 copies floationg around somewhere but what the heck . whats the destruction of a few rain forests to the likes of Barclays) So send another copy of your SOC to both B's lit team and the court complete with covering letters AGAIN lol

 

 

Hope that helps

 

 

saint

.

[saintly_1]

yes send it to the local court ........ sorry i should of said that .. blame it on the blonde roots and a tiring few days work wise ;-)

[saintly_1]

What court is this ?

[saintly_1]

You can apply for the stay to be lifted http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html post 2 on here

[saintly_1]

Yeah Cardiff are staying cases

[saintly_1]

Not had any feedback yet unfortunaltely

[saintly_1]

It means that they wont lift the stay however you can still apply to have the stay lifted so long as you use the n244 and pay the fee but they dont think you stand a chance of getting it lifted

 

Looks like you have joined the majority in waiting until the end of the ofy case