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MoneyKing v Barclays


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Hi All

 

I have recently started to claim charges back for my wife following allthe procedures on here carefuly. We have now filed a claim using MCOL and as of yet had no word on it (i can enter default on 6th june).hough i think barclays will make a late acknowledgment on this.

 

My question is that these charges are for the past 6 years, she hae had charges applied to her account since opening 1996! I was wondering if it would be worth my while trying to get those back. She does not have any statement from that far back,so can we still ask barclays to send us these?

 

I will probably wait till the first case is sorted, so as not to put all my eggs in the one basket so to speak,but any thoughts would be welcome!

Barclays T&C Databse

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Ditto Moneyking... Its time to go for the jugular....Im only just submitting my court claim tomorrow, but will be sending SARS out again for a COMPLETE history of my details with an emphasis on complete...Thats what the template says and thats what i want.....And i want it NOW .. What have we got to lose ? they dont even cash the cheques...

Good luck and keep us posted..:cool:

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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It might be worth you reading through this if you haven't already moneyking, theres some useful info in it :)

Claiming beyond 6 yrs - important new information!!! - Consumer Action Group

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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Thanks Tipsy.

 

I guess my main question is if you can go backonce settling for the last 6 years and pursue another claim for beyond 6 years?

 

I just think this is a safer approach and since i have already started court action I think probabythe easiest!

Barclays T&C Databse

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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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your welcome

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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update:-

 

Waited patiently for 14 days after starting case on 18th May using MCOL. Final date for their reply was yesterday. nothing, so requested judgment by default this morning. Just waiting to see if it goes through. If it does go throuh is it realistic to expect barclays will try and have judgment to be set aside? is there any way of stopping this, i.e by contactingcourt and telling them banks never defene, so no point in accepting or even setting hearing for them to try and set it aside?

Barclays T&C Databse

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They will just fax the acknowledgement through late and it will be accepted by mcol ... the banks do put up a defence . they just settle before it actually gets to the court date

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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Oh well I suppose I will know by tomorrow, if the I am awarded judgment by default. Surly if Judgment is past, they can no longer just acknowledge, they will have to apply for judgment to be set aside to re-open the case, which I suppose in my case would be a slight advantage, because then they would have to turn up (assuming i could convince the judge why not to re-open the case!) or have their application struck out!

Barclays T&C Databse

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Hi Moneyking

 

I applied for judgment when they didn't respond and then 2 days later they acknowledged my claim, luckily the court were helpful and let me withdraw my judgment otherwise this only delays matters.

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okay, got the dreaded application for judgment rejected on mcol. So I suppose they used their usual tactic of waiting till the last minute...now just got to wait for the acknowledgment slip from mcol and notice of transfer of proceedings lol

 

why o why?????

Barclays T&C Databse

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No now you are waiting for them to file their defence with MCOL which is 28 days from when it was deemed served. The time scale is this

You file

5 days to be deemed served

14 days to acknowledge

28 days from when deemed served

 

Then its wait for notice of transfer

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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yes is exactly the same process

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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But they get away with 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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MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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OKay received acknowledgment of service letter this morning giving them another 14 days! Is it now time to send of a copy of SOCs to their legal people? (Baclays already have at least two copies, but was not sure if you have to now send again to legals)

 

Thanks

Barclays T&C Databse

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Yes send updated SOC to B's lit with covering letter

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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  • 2 weeks later...

After a short while away I am back to report an update on my case.

 

Having done everything to the letter (literally ..lol) I am not surprised to end up in a similar situation as to others:- After filing MCOL, I got an Acknowledgment from Barclays (7/06/2007) giving them a further 14 days to file their defence. Okay now it has surpassed this time line and I am well aware that they will at some point file their defence. What to do now? Wait more? Or go for the kill with default judgment (risking a longer case, since they will try and get this set aside)? Two minds, I think I will go witht he majority vote...so vote away!

Barclays T&C Databse

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Personally i would wait a couple of days

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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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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