County Court judgement against me from Barclays & legal action threat from Nationwide

[panicstricken07]

Hi everybody

 

I have come to this site with high hopes. Owing to a change in financial circumstances I went overdrawn with Barclays who went on to get a ccj against me and now Iam paying every month. A Claims company i found in newspapers took up my case to get back charges but have not been successful. Meanwhile I had stopped repaying Barclays ,now I find myself in even bigger trouble with the courts. What am I to do. I am ready to pay the £ 500 to Barclays, the overdraft facility attached to the account but not default charges and court charges.

 

Nationwide meanwhile did not have any overdraft facility to the account. These are all unpaid direct debit charges which I had informed the bank of my unemployed status yet they kept adding charges . By the way I had also terminate all my direct debits. PLEASE HELP

[chocolatte]

Hi Panic, deep breaths, in, out, in, out,

Seriously, don't panic.

Start again from the beginning.

Firstly, I would write a letter to the courts explaining your change in circumstances, offering an amount you can comfortably afford.

And then sit down and start the claim process for your charges from the begginning, there are loads of friendly people here willing to help and offer advice, just as I am doing, but remember too, that there are templates for all your letters here and spreadsheets to help you work the Math out.

Have a good look around the site and have a read of some of the other threads and familiarise yourself. Remeber to keep the courts informed.

Best Wishes.

[Parkvale]

panicstricken07, Welcome to the CAG site.

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

[Mistermind]

On a legal point Panic, in your CCJ defence hearing was there not a chance to contest the balance they sought, saying part of it was due to unlawful charges? Was it not possible to emarass the bank by seeking a judgment on the lawfulness of said charges?

 

On what grounds did your earlier reclaim of charges fail?

[panicstricken07]

Hi everybody

 

I have just heard back from Nationwide, right after I sent the LBA when they failed to reply within the 14 days period. Standard reply saying money can't be refunded as that would be unfair to their other customers who pay the PENALTIES !! Nationwide has sidetracked the fact that I asked for a "detailed information" on how they justify the £30 at a time letter or WRITEOFF the amount they have levied to my account plus the charges from debt recovery company they set loose on me. I also do not mind them closing my account. Do I still go ahead to county court asking for transferancy from Nationwide and do I write to them showing them I have noticed their sidetracking the issue ? Please guide.

[panicstricken07]

Hi

 

I got the CCJ from Barclay out of no mistake of my own. I had sent the papers to the IVA company which was looking after my debts. They never responded to these court papers in time!!. I am now repaying as per court orders however I want to take Barclays to court and reclaim the court charges + bank penalties they are sqeezing out of me. Is this possible, to reclaim what has alraedy been decided by the court also am I in line for compensation for thestress caused by all these ? Pls advise

[kopstar1965]

If the debt was due to charges I would say yes, Barclays obtained a ccj on the basis that you owed them money, the court would not look into the legitimacy of the charges raised at that time, nor would the fact that a ccj had been obtained prevent you from questioning there legallity. Follow the steps & if they have not responded in the manner you required then proceed to the next step.

Keep calm & good luck