lapwings vs barclays

[lapwings]

A forum virgin!!!!

 

Hi everyone this is my first post on your site although i have been reading some of the discusions for about a month now.

 

My story thus far!

 

followed the usual letter trail requesting refunds - General letter dissing my enquire.

 

Sent request for statements - didn't arrive within the forty days so sent another letter and an email - still didn't arrive so -

I estimated my claim based on the last years statements which were £995 so over 6 years i estimated it to be £5970 but only asked for £5000 to keep within the the small claims threshold.

 

a couple of weeks passed and we received an offer of £3000 (but still no sign of the statements so rejected the offer with a letter suggesting that we would be happy to accept an offer of £4250 (approximately 85% of the 5000).

 

Received the statements at last - the total was £4260

 

There was no response to this letter so we filed on line at the courts.

 

Barclays requested a further two weeks just before the 14 days were up.

 

Spoke to the court after a further 14 days and they have now said Barclays will put in a defence, and we will receive a letter notifying us this week of the details.

 

Now...

 

i have all the correspondants and statements etc what should I be doing now?

 

HELp please... I no nothing of the court procedures and am like a lot of people nervous of making a mistake.

 

Would this be the time to contact the Banks Litigation team to resolve this now?

 

Any comments please

[PPMAN159]

As they are planning on defending suggest that you spend some time making sure that you have all of your paperwork and correspondence in order, just in case it is needed at leter date.

[lapwings]

Hi PPMAN159

 

 

I am thinking about approaching a solicitor to take this on what do you think?

[PPMAN159]

Why are thinking of going down this route?

 

You should not need a solictor-all of the detail that you need is here on this site.

[tonycee]

Hi lapwings...Start a new thread in the Barclays forum, and the Barclays experts will pick you up in no time.....I thought of using a solicitor ( for about 2 minutes ) Everything you need, and i mean everything, is on this site.... Take your time and read up on as much as you can.....You will be fine...Good luck...

[lapwings]

Hi everyone thanks for the site - still finding my feet.

 

Posted first thread earlier and was directed to the "Barclays Guys" part of the webb site

 

My story thus far!

 

followed the usual letter trail requesting refunds - General letter dissing my enquire.

 

Sent request for statements - didn't arrive within the forty days so sent another letter and an email - still didn't arrive so -

I estimated my claim based on the last years statements which were £995 so over 6 years i estimated it to be £5970 but only asked for £5000 to keep within the the small claims threshold.

 

a couple of weeks passed and we received an offer of £3000 (but still no sign of the statements so rejected the offer with a letter suggesting that we would be happy to accept an offer of £4250 (approximately 85% of the 5000).

 

Received the statements at last - the total was £4260

 

There was no response to this letter so we filed on line at the courts.

 

Barclays requested a further two weeks just before the 14 days were up.

 

Spoke to the court after a further 14 days and they have now said Barclays will put in a defence, and we will receive a letter notifying us this week of the details.

 

Now...

 

i have all the correspondants and statements etc what should I be doing now?

 

HELp please... I no nothing of the court procedures and am like a lot of people nervous of making a mistake.

 

Would this be the time to contact the Banks Litigation team to resolve this now?

 

Any comments please

[pat69]

I was in a very similar position, i had to estimate at first then got a true figure, have you added interest or reservered the right to ask for it at a later date? i sounds like mcol are transfering to your local court if thats the case you will be informed and sent the standard bank defence, don,t worry you are still on track just read through the step by step guide on this site thngs will become clearer. i am just a bit ahead of you i have court date and am preparing my court bundle. You have to sit and wat now till you get a date but use the time to read though this site also give barclays a ring now and again they may just settle

Best of luck (not that you will need it)

PAT

[saintly_1]

Welcome to the world of b's forum

Until you get a court date theres not much point in getting in contact with their Litigation team

I would suggest you have a look at this http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

just to prepare you for the next stage

 

Ant questions just post back on this thread and someone will answer

 

Hope this helps

saint

[MEOB]

Hi,

Don't worry, this site has all the info you need to help you through the court process if it gets that far (unlikely).

Someone who knows much more than me will be along in a minute to help you out, but you could start with the FAQ's, which has loads of helpful stuff, including a step by step guide to the whole process.

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

Also, check out some of the other threads on this board and in the successes section. LOADS of people have been where you are now and won, and it sounds like you are well on the way too.

[MEOB]

see - saintly 1 was here before I even hit send.

 

saintly 1, you and Dar£n are everywhere - how do you do it?

[saintly_1]

*shrugs*

[lapwings]

Thanks all - I'll be back with more questions and info as and when it happens.

[lapwings]

I did include the right to interest but when I spoke to the court for the first time (after 24days) the very nice lady said that the info had become encripted on the web filing page and that it hadn't quoted the consumer act although she was able to see clearly the amount of interest I had included.

 

Sooooooooo

 

Because there had been no response on this date from the Bank i proceded to the judgement section and when it asked for interest to be included it wouldn't allow me to add it (because of the encription problem I guess).

 

then the judgment was rejected because the bank at the very last minute asked for a further 14 days.

 

Does this mean that I can still claim the interest at a later stage?

 

this will take the claim to over 5K with the interest added?

[pat69]

Thats all o.k as far as i can see so in all correspondence from now ask for the interest. The claim itself is for under 5k and the interest does not matter, to the court your claim is still under 5k.

if you want to calculate the interest there is a spreadsheet available on here that does all calculations for you, i will find out where it is and get back to you tomorrow . (goin 2 bed now) Goodnight

[Trucker]

Hi Lapwings,

 

You can find the spreadsheets here

 

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

 

 

I may be wrong but i think you will have difficulty claiming the interest now. You should have quoted s69 county court act at 8% on your particulars of claim when filing. You can change this but it will cost you £35 which is non recoverable. Although the 8% may take total claim over 5k don't worry about it as the court only add afterwards, it doesn't form part of the initial claim.

[lapwings]

Hi Trucker

 

Yes i did quote the county courts act at 8%, I basically copied and pasted from the library the details I needed and altered the personal info, so i think I am ok.

 

Many thanks

 

Lapwings

[lapwings]

Hi

 

I have been going over the details of my claim to get a bit more familier with my case (expecting a court date soon) and I have a problem I think with not supplying a list of charges and dates etc with my first letter.

 

Let me say in my defence I requested the statements which didn't arrive in the 40 days, i emailed them and wrote a letter (The no statements template) reminding them of their obligations and giving them a further 14 days and they still didn't arrive.

 

I did find 1 years statements (charges applied in this year £995) so I estimated six years, as suggested came under the 5K for small claims. Giving them a further 14 days to comply.

 

Barclays then sent me an offer £3k!!!!! I refused this as I still hadn't received my statements, (This is now 63 days later from original request.).

I enclosed a letter with my refusal of their offer suggesting that 'as a gesture of goodwill' I would accept 85% of my claim (5K The maximum under small claims) which was £4250.

 

No response from Barclays

 

Statements arrived afterall the above had happened, and I now have the list and the correct ammounts which come to £4260 (i have typed them up ready for my "Bundle"

 

When I started the court proceedings I had the correct figures to include.

 

Now I am waffling a bit - but my question is as i didn't have all the statements because Barclays did'nt send them - How was i supposed to include a list of charges and dates etc??? Will this effect my claim.

 

Or are they submitted in the bundle?

 

Thanks

 

 

Lapwings

[PPMAN159]

When you get as far as the court stage you should always submit a schedule that details the charge amount, the date it was levied and to what it relates.

 

I would speak to the Court as this piece of information is vital to the case

[Parkvale]

lapwings, PPman is quite correct. Ask the court without giving to much away. I foyu can submit a n N244 an ammend your claim. This will cost you £35 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[lapwings]

Can you give me some guidance to filling in this form please.

[Trish76]

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to particulars of claim in respect of charge details and dates

 

(because....) the claimant is now aware that an error was made in not providing this information upon filing through the courts

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim in respect of the addition of my charges schedule.

 

 

Please find attached to this application my a schedule of the amount claimed along with dates and descriptions in respect of penalty charges levied by the defendant"

 

 

 

Fill in an N1 using the POC's here:

4. Particulars of claim - N1 - hard copy version

 

Take 3 copies of the N1 and 3 schedules with the N244 and £35 fee to the court. They will send 2 back to you, 1 of which you serve/send to Barclays solicitors and confirm to the court you have done so.

[lapwings]

great info thanks

 

I assume I can post all to the court or should I wait until I have a court date at my local court?

 

First applied for court action on line.

 

 

Lapwings

[Trish76]

If you can it would be best to actually take the forms into the court personally, they will be able to check them over for you and make sure all the information required has been provided.

 

They will also be able to return your copy straight away.

[lapwings]

Hi again

 

Trish76

 

whats an N1 - I can't make the link from your post, sorry.

 

Lapwings

[lapwings]

Hi Trish76

 

found the N1 form - need help filling in

 

Do i just fill in on screen and print out myself or do i need a master from the courts.

 

Lapwings