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blumonk vs barclays


blumonk
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Hello,

 

I just joined the CAG bank charges forum today, I would appreciate any advice that anyone has regarding the small claims system.

 

Here is the background (you've must have heard it all before....)

 

Wrote to Barclays bank requesting that they refund my bank charges, received a letter saying that they would investigate my complaint and reply to me within a month. I waited one month, received another letter saying they were still working on it and would definitely be in touch within another month.

 

Fed up with hanging around, I filed with MCOL. Within the next few days I received a letter from Barclays offering me the amount I wanted.

 

I returned the acceptance slip, but the money was never paid to me. I am rather worried that by me returning the acceptance slip, I have lost my legal right to reclaim the charges through the small claims system.

 

Barclays is defending and I've just received a notice of transfer from Northampton, to Woolwich County Court. After reading relevant posts, I'm not sure what action I should take now.

 

They state that the particulars are summary, requesting strict proof, and also stating that their defence is summary.

 

Barclays say that they are well within their legal remit to charge these fees, and list some terms and conditions regarding the amounts they charge.

 

The stance that Barclays has taken seems very severe, they are threatening that if they lose the case and the charges are found to be unlawful & unenforceable, they will seek to recover actual loss or damage suffered by my account being overdrawn, and they say it will not be limited to the amount already charged and offset it to the amount that I am claiming. Is this possible?

 

The requirement for AQ was crossed out in the letter from Northampton. but I have read on CAG that I need to provide SOC to both parties, is this the case?

 

I've come this far and don't really want to turn back now so if there is somebody in south east London, taking Barclays or any other bank to court at the moment, I would greatly appreciate any advice that you have.

 

:confused:

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yes send an updated SOC to B's litigation team and your local court send them with a covering letter asking them to be attatched to your claim ... send them registered/recorded delivery

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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Dont worry B's will 99.99% of the time settle before court ..... especially if you follow the advice from here

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

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

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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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

in the 1st post on this thread are covering letters for mcol just amend them to suit your needs .. ie change address on the mcol letter

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

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

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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I returned the acceptance slip, but the money was never paid to me. I am rather worried that by me returning the acceptance slip, I have lost my legal right to reclaim the charges through the small claims system.

Sounds like Barclays made an offer that they had no intention of honouring then, with them not paying up as agreed gives you back the right to continue to court.

One thing to remember though in signed stuff from these people, is to strike out anything you dont agree with, e.g. confidentiality, claiming in future etc.

Take Saintly's advise, she is sound..

.

.

oh and dont forget to click on her scales to leave pos comment. ta

.

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 saintly,

 

is there anywhere on the CAG site where I can download a covering letter and SOC letter?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

sorry.....still asleep ...LOL

.

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 guys, just been trawling through all of statements and it's just come to my attention I've missed out some charges in my original particulars of claim filed with MCOL. Guess I can't add them on now can I?

 

I've draughted a letter for the bank & the courts re SOC, need to photocopy statements and include??????

 

Guys let me know how I can find a moderator so I can give details of my claim

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missed out two standard admin charges which equates to £60.

 

SOC is fine although Barclays have stated in their defence they require strict proof of these charges so do I send them & the court photocopies of the statements & letters or wait till the court hearing to produce them?

 

I know Barclays can access my account details at any time so it strikes me as uneccessary to provide them with proof.

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