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Burdock v Barclays ***WON***


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Hi everyone,

 

I have been reading the site for a long time, and absorbing lots of useful info. I think it's about time I added my details, and if I may be so bold, ask a couple of questions :)

 

I have a court date for 20th August against Barclays.

 

I received notification of the date on 4th May, and was asked to send a schedule of payments, and 'statement of evidence' to the bank and court within 28 days. I did this almost immediately, using GaryH's excellent 'statement of evidence' here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html#post492578

 

I also sent most of the 'Basic Court Bundle' from this site.

 

My question is, can I take different or extra documents into court with me? (i.e. can you amend your court bundle). I am wondering if I need to amend anything I have written so far, in case Barclays trying to pass the penalties off as 'service charges', viz a viz the Lloyds victory recently. Also, some people are now talking about including their 'terms and conditions'?!

 

Many thanks for any replies and help!

Burdock

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Hi, your court bundle is everything that YOU will rely on in court to support your claim.

If you wish to add documents to it thats up to you, if you feel it will help you if cross examined.

 

Be aware tho, the likelyhood is that you will not need it, but its better to be prepared and safe than being complacent.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 3 weeks later...

Barclays were supposed to reply to my statement of evidence by today- which they have failed to do. I was planning to wait a couple of days then ring and and tell them, and whilst on the phone see if they wanted to settle. If no luck, shall I ask the court to send them a letter about the missed deadline?

 

Thanks 4 any help!

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Depending on who you speak to, you get different results.

The normal response if calling more than 3 weeks from your court date is.

Yes we want to settle out of court, but we are extremely busy and are concentrating on cases that are iminent [1-2 weeks away]. We will send you a letter about 2 weeks before the date.

DONT wait for this letter, as soon as you get closer, call them back,

Remember, have your updated figures in front of you including ALL fees.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks Dar£n, but how about me chasing up with the court the fact that Barclays haven't sent their papers on time? Can I get the court to demand them, or strike their defence out as a punishment?

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Give the court a ring burdock see what they say

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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you can certainly bring it to their attention in the HOPE they will do something about it, it depends on the individual judge.

If you get on like Reading has, then he'll kick it out.

but if you get one like Bham [lloyds] had [:evil:] then he would allow them as much time as they wanted prob.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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you can certainly bring it to their attention in the HOPE they will do something about it, it depends on the individual judge.

If you get on like Reading has, then he'll kick it out.

but if you get one like Bham [lloyds] had [:evil:] then he would allow them as much time as they wanted prob.

 

Heres to hoping all our claims swing the same way as the reading ones!!

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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I have just left a voicemail for Krysta, and emailed her on the lines that the judge said in his order that if Barclays didn't reply to my statement of evidence / schedule of charges within 28 days of me sending them, that the defence would be struck out with no further orders. I've pointed this out to Krysta and asked if she would like to settle before I ask the judge to strike their defence out (their response is now overdue).

 

I will give her a few days to respond before contacting the court?!

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  • 4 weeks later...

Great news! Just been sent an offer to settle for the full amount!

 

A couple of quick questions - very grateful for any help!

 

1) In the offer letter, there is a line that says, 'by accepting this offer you also agree that that the existence and the terms of this offer remain confidential between us'. From what I have read on other threads, am I right in thinking I should cross this out? Or do I have to write another letter back?

 

2) The letter doesn't state when payment will be made, but does state that I should inform the court that I have discontinued my claim. I think the letter is implying that payment will be made once I have informed the court. Do I need to make it clear in the offer letter that I will inform the court *after* receiving payment- if so, how should I state this?

 

3) Many, many thanks for all of you who have helped me in this thread. It is much appreciated!:D I shall be making a donation to the site.

 

Thankyou all again!! :)

 

p.s. If anybody is wants to know what happened between my previous post and the offer of settlement:

a) Krysta never replied

b) I sent the letter to the court asking them to strike the bank's defence out

c) The court never replied - I chased and they said they would reply to me this week

d) Whilst waiting for the above, I contacted Dino in the litigation department on the off chance that he could help me. He told me was dealing with my case, and would look into my claim. The offer turned up a couple of days later. What a star!

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1) In the offer letter, there is a line that says, 'by accepting this offer you also agree that that the existence and the terms of this offer remain confidential between us'. From what I have read on other threads, am I right in thinking I should cross this out? Or do I have to write another letter back?
just cross it out and initial it

2) The letter doesn't state when payment will be made, but does state that I should inform the court that I have discontinued my claim. I think the letter is implying that payment will be made once I have informed the court. Do I need to make it clear in the offer letter that I will inform the court *after* receiving payment- if so, how should I state this?
add a paragraph to the bottom of the letter and initial it

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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  • 3 weeks later...

2087125609

 

Well done burdock - make sure you fill in the Survey as well!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 1 month later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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