Barclays defend claim

[jackiew]

HELP!!! Anyone know the answers to the following;

 

1.Barclays have defended my claim, not sure that I filled in the particulars info very well, only found this site afterwards..outlined my claim as being due to excessive bank charges etc...amounts to £5,900 including interest etc. Not found out what it is they are putting up as their defence, but could do with some tips. Is this fast track or small claims, as almost £900 is the interest over the years?

 

2.What happens if they don't pay up, am i liable for their costs as well as my own?

 

3.I asked my local court about the AQ and they said that the District Judge has directed that these be dismissed as the banks aren't going to court in the end..what does this mean in the long run?

 

4.When do i send in my information to support my claim etc and where do i get a copy of terms and conditions?

 

5.Do i do my own spreadsheet or do i get this from the bank?

 

Thankyou, thankyou, thankyou for anyone who bothers to reply. xx

[saintly_1]

HELP!!! Anyone know the answers to the following;

 

1.Barclays have defended my claim, not sure that I filled in the particulars info very well, only found this site afterwards..outlined my claim as being due to excessive bank charges etc...amounts to £5,900 including interest etc. Not found out what it is they are putting up as their defence, but could do with some tips. Is this fast track or small claims, as almost £900 is the interest over the years?

could stay as small claims .... Dont panic lets see what B's put on their defence first

2.What happens if they don't pay up, am i liable for their costs as well as my own?

They will settle out of court so dont worry about costs

3.I asked my local court about the AQ and they said that the District Judge has directed that these be dismissed as the banks aren't going to court in the end..what does this mean in the long run?

Exactly what says . No AQ because the banks are settling before court

4.When do i send in my information to support my claim etc and where do i get a copy of terms and conditions?

 

Wait till you get the defence then send copies of SOC -- spreadsheets to both the court and the bank

5.Do i do my own spreadsheet or do i get this from the bank?

spreadsheets from here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html i used the simple

 

 

Thankyou, thankyou, thankyou for anyone who bothers to reply. xx

 

 

Hope all that helps

Saint

[splcrazy]

yuo say they WILL settle out of court? how many claims actually make it inside the court room? are they usually settled like 5mins before or something?

[saintly_1]

At the moment barclays seem to be entering into settlement talks almost as soon as you get a court date through

[splcrazy]

so they submit a defence and then want to settle out of court? doesnt seem to make sense to me

[saintly_1]

i know it dosent make much sense ...

[jackiew]

Oh saintly one, thankyou lots, next time i'm in st helens i'll take you for a drink with my settlement x

[Tipsy0nBacardi]

She'll take you up on that because you will win lol

[saintly_1]

I get the idea tipsy knows me too well LOL

[jackiew]

just been doing the schedule thing...i must have gone wrong with my adding up..this way it adds up to about £4,250...i got it to £5900 inc court costs...oops, does this disqualify me..should i write to them and explain that i am stupid/tired/single mother of three who can't add up?

[dar£n]

just been doing the schedule thing...i must have gone wrong with my adding up..this way it adds up to about £4,250...i got it to £5900 inc court costs...oops, does this disqualify me..should i write to them and explain that i am stupid/tired/single mother of three who can't add up?

Is you figure calculated by using the spreadsheets?

 

In the Barclays defence #1 does it say anything about you not providing evidence?

 

This is the problem we have when people start posting threads when theyre already at the court stage.. we have no idea of what they have / havent done.

 

best thing for you to do is post a diary of what you have done right back to the SAR

[jackiew]

Hi, not sure what you mean about doing a diary in the SAR? A brief outline of what I've done;

 

1.Asked for 6 years of statements.

2.highlighted the charges and wrote asking for a refund of them, however, only added up 3 years worth, which totalled £2,700.

3.Was offered £990 as only and final settelemnt offer, but i declined this.

4.Spoke with local court who suggested i use MCOL.

5.I added up all the charges again , but mistakenly added up the account fee and interest for the overdraft aswell, so the total came to around £5,200. With interest and the £250 court costs, this came to £5,900, which i asked for via MCOL.

6.Claim was issued in April, defended, but no information received as of yet as to what it Barclays defence.

7.Found CAG and noted that my application to the court, with my POC was very brief.I din't use a template, as I hadn't found CAG yet, but noted that the information indicted that my POC was very scant and 'vague', I merely stated that I had been charged £5,900 and would like it back with interest, as I believd that the chrages did not refelect the administrative costs and quoted the relevant act. Also asked for interest as suggested by MCOL at 8%, and stated that act aswell.

8.Then managed to work out how to send messages and asked about charges and court costs etc and was advised to do a spreadsheet by saintly1, which i did and worked out that my maths was not very good and i'd added the interst twice, so the actual figure is just over £4,250.

 

Hope this helps, (please don't shout dar$n I realise that i've messed up!)

[saintly_1]

Daren wont shout at you honest

 

 

And if he does i will just shout back at him for you ;-)

[jackiew]

Thanks saintly 1, he obviously knows lots and i know very little (obviously), although I can quieten three rowdy boys and get them to sleep in a camper van x

[dar£n]

3.Was offered £990 as only and final settelemnt offer, but i declined this.

did you use a template similar to one from here, accepting as part payment but continuing for the full amount?

 

my POC was very scant and 'vague', I merely stated that I had been charged £5,900 and would like it back with interest,

I think this will be a major part in their defence.

 

the actual figure is just over £4,250.

This will have to be amended

 

Okay, You need to speak to the guys at the court,preferably in person, so they can explain it to you better face to face , tell them your errors and you wish to amend the claim, [this may cost you £65]

 

Take with you your new POC's and your updated SOC's

Once sorted send a copy to Barclays [recorded delivery]

 

dont worry about the court they are friendly and understand that you are not trained in the legalities etc.

[jackiew]

No, didn't accept the £990 as interim payemnt.

 

I have contacted the court but the info is still with northamton and when i phned them they said they haven't logged it yet and don't know what the defence is.

 

Northampton advised me that it was too late to do an amendment as barclays have defended the claim and to wait until i get their defnce and submit everything to the court..they said that AQ's are generally being done away with, but i might get one and can put everything on that?

 

as the amount is under £5,000 now, is the charge i've paid for costs £250 enough to cover the amendment, or do i have to pay this in addition as the court said that the payment should be £125 if my claim was under £5,00 which it wasn't but now it is?

[dar£n]

No, didn't accept the £990 as interim payemnt.

did you flatly refuse the offer?

Northampton advised me that it was too late to do an amendment as barclays have defended the claim and to wait until i get their defnce and submit everything to the court..they said that AQ's are generally being done away with, but i might get one and can put everything on that?

lets hope you get an AQ then

 

as the amount is under £5,000 now, is the charge i've paid for costs £250 enough to cover the amendment, or do i have to pay this in addition as the court said that the payment should be £125 if my claim was under £5,00 which it wasn't but now it is?

County Court Fees

[jackiew]

Hi again Dar£n, sorry used a dollar sign before. I was offered £990 as a final offer, I said no, that I would pursue matters through the court if they couldn't increase it, they said they couldn't.

 

Was told by the court that I could send in my information to them once I've had barclays defence in writing. I think that it might be worth me sending my schedule to the bank and suggesting they reconsider, do you think this would be a good idea, or should I wait for the court date, as it seems from what saintly1 was saying, they generally pay then.

 

Thanks for all your help. Jackie

[jackiew]

Dar£n I've just read your case posting re barclays and looked at the barclays one where you say you won, did you end up getting your claim defended, as your posts only go up to the bit where they decline to increase their offer?

[saintly_1]

have you read all 7 pages of Darens thread ?

[jackiew]

doh! probably not, i'll go back and have a look x jsut sent you an hello

[dar£n]

Hi again Dar£n, sorry used a dollar sign before. I was offered £990 as a final offer, I said no, that I would pursue matters through the court if they couldn't increase it, they said they couldn't.

 

Was told by the court that I could send in my information to them once I've had barclays defence in writing. I think that it might be worth me sending my schedule to the bank and suggesting they reconsider, do you think this would be a good idea, or should I wait for the court date, as it seems from what saintly1 was saying, they generally pay then.

 

Thanks for all your help. Jackie

Hi Jax, Hmmm dont know what the court is advising you like that for, when you file with them to start proceedings you are supposed to submit your SOC's to both parties, if you dont Barclays will accuse you of not providing enough information and in fact use it in their defence, usually in statement #1, something like

The claimaint has not provided any information in connection with the charges.......

To be safe, I would send both a copy [by recorded delivery of course.]

[jackiew]

Hi Dar£n, will do tomorrow. Thanks again, i'll keep you posted about what's what. I'm going to contact Krista aswell and see where that gets me. Jackie