Belfin V Barclays **WON IN FULL**

[Belfin]

They did not even comply with the court directions which required them to submit their defence to the court and myself 14 days prior to tomorrow's hearing.

 

I wrote to the court to have the Barclays defence case struck out, but only received a letter on friday (11/05/07) saying that my request had been noted and added to the court bundle I had submitted!

[Belfin]

My second claim is for a second Barclays account and is within the six year mark.

 

My first claim from my other account was for a vastly smaller amount in charges, so I thought I'd risk claiming for those first to see how easy the process was!

[oneofakind]

Fiver says they don't turn up!

 

[dar£n]

bloody fiver 'OOAK' you tight ass, this is a dead cert.

 

Try Krys by phone or email.

If I were you i'd add on the CPR 27.14 too, theres another £50 in ya pocket

[oneofakind]

Dar£n,

 

Barclays have taught me to be VERY careful with my own money .

 

And my account is near the o/d limit again....

[dar£n]

Dar£n,

 

Barclays have taught me to be VERY careful with my own money .

 

And my account is near the o/d limit again....

LOL thats a little contradicting isnt it? PMSL

 

 

EVERYONE:

dontations to

oneofakind@hotmail.com

 

LOL

[Belfin]

Finally got through!

 

Just finished having a chat with a Mr Quinn at Barclays.

 

Apparently, Barclays will only settle on the original amount claimed, despite my (template) letters clearly stating that I will also claiming any addititional charges added to my account since the beginning of my claim.

 

He also claims that annual interest and daily interest are one and the same - is this right? My Schedule of Penalty Charges letter (another template) says -

 

"I am also claiming interest at the annual rate of 8% pursuant to section 69 of the County Court Act.

 

In addition, I am claiming interest at the same rate up to the date of judgment or earlier payment at a daily rate.

 

The interest, in addition to the amount in charges and court costs, equates to the total amount of my claim."

 

 

So I thought I was able to claim both - I did in my first claim!

[lthomp192]

the way i see it the 8% stat interest goes on when you first file the claim, in court, the daily rate interest goes on each day after fileing the claim untill it is settled, (maybe another maths wizz kid will explain it better than me) but i think he is just trying it on to get you confused, don't argue with him over the phone say you want everything in writeing, just stick to your guns any problems just post on your thread.

[Belfin]

No time to get anything in writing - I'm in court tomorrow afternoon!

 

Sat here by the phone in case Mr Quinn decides to call back - not looking promising.

 

Best get me suit out!

[oneofakind]

It's two different parts of the same amount.

 

I am also claiming interest at the annual rate of 8% pursuant to section 69 of the County Court Act.

 

 

This is the interest at 8% that you claim on your charges when filing.

 

In addition, I am claiming interest at the same rate up to the date of judgment or earlier payment at a daily rate.

This is the interest that builds up daily during the period between your claim being filed, and the date of settlement.

 

You're not claiming two lots of interest, it's just that the sum carries on earning all the time.

 

HTH.

 

[Belfin]

Cheers oneofakind - maybe you could explain that to Mr Quinn - he knew I was trying to explain that, but was being deliberately awkward I think - just to confuse me!

[lthomp192]

if everything has been done as per this site you won't have a problem,you might turn up at court but they won't,so you will get your money anyway, they love stringing it out as long as they can, they are experts at it so don't be too worried, anyway you can claim back for loss of earnings as well now. so good luck for tomorrow, and take the power with you.

[dar£n]

when you "WON" your claim #1, did you strike out certain sections in the agreement of settlement.

I crossed out their section on claiming against barclays in the future and amended it to "settlement in connection with THIS claim"

 

What was the wording in your original final agreement letter before payment

[Belfin]

In the knowledge that I was going to begin this second larger claim as soon as my first was succesful, I made very sure not to sign anything that would scupper it!

 

I think is reflected in the fact that Barclays have been offering to settle this claim on my second account - otherwise they would surely just send a photocopy of what I'd signed in my first claim and tell me to get lost!

[Wazza]

how did it go?

[Belfin]

What a day.

 

Rang Barclays this morning to ask them if they were actually going to turn up at court, or waste my time. I was told that legal counsel was on route to the court! I said "ok, I'm adding my loss of eanings for today then, bye", and that was that.

 

Ten minutes later, they phone back. Apparently Barclays would not be paying any loss of earnings or costs (something about 'litigant in person'?). I say "ok, well I'm leaving the house in a few mins to drive to court, so we'll sort it out there, bye".

 

A couple of minutes later, phone rings again. Now they wanted to confirm the total of my claim.

 

I tell them the total, phone goes quiet (on hold).

 

Then I hear "Ok, we've decided to agree to your claim, but only because the cost of our counsel will exceed the cost of the difference in our figures" (!)

 

I then adjusted one of their offer of settlement letters to show my total claim, drove to girlfriend's work and faxed it over. Rang Barclays to tell them it was on it's way, rang the court to tell them we had settled.

 

Tonight I have my money in my account!!

[mafflondon]

Well done and congratulations. Been following your case with interest as have court date for May 22nd. Out of interest who did you speak to when settling the case today?

[jayspud03]

Good on you Belfin well done, I bet you where sweating buckets.

Ive got this all to come with the luck Ive got I will be their test case!!!

[jayspud03]

Out of interest Belfin how long has it took for them to settle, Ive been going with mine since Feb

[dar£n]

Well done and congratulations. Been following your case with interest as have court date for May 22nd. Out of interest who did you speak to when settling the case today?

 

Hi you should be considering phoning them in the next few days, the longer you leave it the more chance there is of the same thing happening, give them at least 24 hours to allow for negotiations and transfers etc.

[gizmo111]

**CONGRATULATIONS**

 

Have changed your thread title - hope you don't mind.

 

Could you fill i nthe survey when you get a chance.

 

Thanks

[Belfin]

Sincere thanks to everybody who has helped me on this, or read my posts. It's the knowledge that we are all doing the same thing and have each other's support that got me through all this!

 

You're right Jayspud - I was sweating buckets for a bit!

 

My claim was handled by a chap called Paul Quinn - very difficult to get hold of sometimes, but I followed Dar£n's advice and got through via Krysta Campbell.

 

I started this claim back in November and the courts issued my claim in February, so it wasn't too long.

 

Thanks Gizmo - don't mind at all. Yes, I shall fill in the survey.

 

If I can give any advice back - it's 'Stick to your guns and don't back down!'