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Giley V Barclays


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We used the spreadsheet from the ML website :( and then I read on here not to add interest until you are at the court stage.

 

What do you reckon we should do? Just carry on with how we have done it? which I think the date would be from the day we complained initially.

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Thanks Saintly... and you dont think it matters that we are changing things slightly when we have already sent the pre-lim letter and the LBA showing the charges + the interest?

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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doesn't matter too much as their defence will be based on the N1 form, so not to worry too much, and you can always tell a judge that you found an error in your initial claculation, but rectified this, and sent an up to date SOC to barclays (make sure you send one to them!)

 

The stuff Saint has given you is the best on any site IMHO.

 

You can't (well not easily) change anything once the N1 has been given, so best make those changes now!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Thanks Saintly and Peter for you help and patience.:)

 

I am away for a few days so I will get my partner to do this whilst I'm away and then we can complete the N1 form on Wednesday using the new POC!

 

Giley

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Hi there - don't want to get my knickers in a twist here but just want to clarify:

 

If we are going to transfer the data from the ML spreadsheet to the one on here before completing the N1 form, that we also sending Barclays an up-to-date SOC too?

Also, shall we put in a covering letter explaining why this may have changed from our original claim (the interest). On all the letters we did show the charges claim and the interest seperate.

 

Thanks again

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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sorry to bump my own thread but just need some clarification!:-)

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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When you apply to the courts you take 3 copies of the N1 and 3 copies of the SOC's ...... the court stamps them all keeps 1 set .... sends 1 set to Barclays ..... and sends 1 back to you :)

 

It's all starting to make sense! I hope to get all this done in the next week as we want to keep to our timescales (even though we are a week or so behind & this test case has brought everything to a stop for the time being :Cry: )

 

Thanks again for your advice and support Saintly_1 :D

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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  • 3 weeks later...

Hi there - just an update from me! I am afraid to say that we haven't proceeded anymore with our claim and not filled in an N1 form and taking it to the county court in Tunbridge Wells. So we are about just over 1 month behind. To be honest we cannot afford the £120 court charge as we go away on 31 Aug. Will this affect our case? even though this OFT case in going on a causing things to be on hold!

 

We didn't want to fall behind but just dont have the funds right now. We will have at the end of September though.

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Hi there - just an update from me! I am afraid to say that we haven't proceeded anymore with our claim and not filled in an N1 form and taking it to the county court in Tunbridge Wells. So we are about just over 1 month behind. To be honest we cannot afford the £120 court charge as we go away on 31 Aug. Will this affect our case? even though this OFT case in going on a causing things to be on hold!

 

We didn't want to fall behind but just dont have the funds right now. We will have at the end of September though.

 

Hello - do you think this will affect our case, if we pick this back up at the end of September?

 

Thanks

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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No it wont ....... just file when you can

 

Thanks Saintly, we will make it our mission on our return!

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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  • 1 month later...

Another update from me...

 

Still no N1 form, doing this at the end of this month. We are a few months out of the time-line

 

Persued the other Barclays complaint - regarding my b/f requesting his statements and his MUM receiving them instead...

After an acknowledgement letter that they had received the complaint, we waited 10 weeks and as they hadn't responded I wrote another letter...

WAIT FOR IT... they have now come back and said that both my b/f and his mum BOTH asked for their statements and it isn't their fault that his mum opened his mail...grgh! at no point has his mum asked for her statements, so they are accusing us of lying! They have offered us £50 because we had to wait a long time to have the complaint resolved...they have nicely put this money into his bank account which was closed in Dec 2006!!!!! Now his mum is fuming and I am hoping that she is also going to write to them to confirm that she has never asked for her bank statements and whether they can provide a copy of the request letter.

 

We are not interested in money compensation, just an apology and admittance that they have c*cked up!

 

Do you think we should persue this any further??? I have yet to send this complaint to the ICO or FSA as I wanted it to be resolved between us.

 

Thanks

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Hi Giley,

 

I'll leave others to advise about which route, ICO or FSA to take. Get mum to write in (do ltr for her to sign if nec'y) and ask bank for copy of her ltr requesting state's. They're digging themselves a hole.

 

Maybe you SHOULD be interested in compensation from bank to go towards the Court Fees to start your N1 claim. Please note fees have changed from 1st Oct - Fees

 

You should start your court claim asap.

 

Slick

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Hi Giley,

 

I'll leave others to advise about which route, Information Commissioners Office or FSA to take. Get mum to write in (do ltr for her to sign if nec'y) and ask bank for copy of her ltr requesting state's. They're digging themselves a hole.

 

Maybe you SHOULD be interested in compensation from bank to go towards the Court Fees to start your N1 claim. Please note fees have changed from 1st Oct - Fees

 

You should start your court claim asap.

 

Slick

 

Thanks Slick - I will continue on with this complaint, when I have calmed down. His mum has already said that she will confirm in writting that she has never asked or received copies of her statements... and that she DID receive two envelopes addressed to herself, containing my b/f's statements...

 

Am in right in thinking that the court fee will be £85, if we are claiming between 1-3k? We haven't progressed with re-claiming his bank charges as we haven't had the spare cash (or time to sit and do the N1 form)...Does the paperwork take long? I must say,I have been putting it off as it looks all official and I am frightened of getting it wrong & making a mistake...:Cry:

 

I thought the cost was £120!!! £85 is a bit more manageable....I do know that the amount we can claim now has gone down by £400, as we haven't kept to the correct timescales....:mad:

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Hi Giley,

 

Claim between £1.5K and £3K =£85 to start.

 

You're losing money by delaying as you know and should proceed ASAP. However, I would LEAVE IN ANY chgs say for 2001 - you may well get them when it comes to settlement even though they're slightly outside the 6 year limit.

 

The paperwork itself will not take you long but research to ensure you get it all RIGHT will take you longer, but it is time well spent.

 

Keep reading threads and guides so you know what you're doing and what is happening generally.

 

You will most likely have to pay an Allocation Fee in addition to the N1 fee, when the bank files their defence - see here for details and post #9 for new fees - http://www.consumeractiongroup.co.uk/forum/general/112076-new-county-court-fees.html?highlight=new+court+fees

 

Slick

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Thanks !:-)

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Hi Giley,

 

Claim between £1.5K and £3K =£85 to start.

 

You're losing money by delaying as you know and should proceed ASAP. However, I would LEAVE IN ANY chgs say for 2001 - you may well get them when it comes to settlement even though they're slightly outside the 6 year limit.

 

The paperwork itself will not take you long but research to ensure you get it all RIGHT will take you longer, but it is time well spent.

 

Keep reading threads and guides so you know what you're doing and what is happening generally.

 

You will most likely have to pay an Allocation Fee in addition to the N1 fee, when the bank files their defence - see here for details and post #9 for new fees - http://www.consumeractiongroup.co.uk/forum/general/112076-new-county-court-fees.html?highlight=new+court+fees

 

Slick

 

The charges go back to April 2001, do you think this will be OK? To be honest, although we can prep all the paperwork, we wont have the funds to actually take the N1 form into the court until end of this month.

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Giley,

 

Just MY opinion.

 

I included "out of time " charges in my own claim and they were settled without question + interest on them. It will be a relatively small part of your claim and should not jeopardise it.

 

If bank or court doesn't like inclusion of older chgs, they can be taken off to arrive at settlement figure.

 

But, in any event, file as soon as you can (did I mention that before:) ).

 

Slick

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thanks Slick - I just didn't want to be in a position that I put in 'out of time' charges and the court rejects my claim as it isn't accurate!

 

Like I said - we will file the claim as soon as we have the spare cash...£85 might not seem like a lot of money, but it is money that we haven't got lying about unfortunately...:Cry:

 

Giley

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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  • 1 month later...

Hi all - just a brief update from us!

 

Filing the N1 form - sorry to say we still haven't done this - we haven't kept to our time scales and we will not be able to potentially claim some of the older charges in 2001. We are aware of this but due to some unforseen personal circumstances we haven't be able to persue this further. We will either wait for the OFT outcome or progress again in the new year.:evil:

 

Regarding the complaint to Barclays that they sent my b/f's statements to his mum. They have in not so many words admitted that they were in the wrong and have sent an apology letter and a small amount of compensation, which we are pleased about!

 

That's all from me - I hope you are all doing OK :)

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Good afternoon.

Please to say that we are have the money and we are filing at court this week.

Please can someone confirm to me that I am doing this right!?

- complete N1 form (using new POC's) x 3

- Schedule 1 (standard terms of Barclays) x 3

- Schedule 2 (spreadsheet of charges - using one from template library) x 3

(will keep in all charges from April 2001 as this is when we started our claim - they can always exclude these if any 'out of time' charges are not allowed)

All copies to court for stamping - then 1 x court, 1 x sent to Barclays & 1 x myself

 

Can someone confirm who to send this to? and if I need to send anything else with it?

 

Thanks for your help with this?

 

S.A.R - (Subject Access Request) - sent 13 April

Statements received - 7-8 June

Prelim letter - sent 15 June

Prelim letter response - received 21 June

LBA - sent 3 July

Another prelim response - 13 July

N1 FORM filed in court on 31 Dec

Barclays filed defence 22 Jan

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Send to your local county court details can be found here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available The court forward Barclays onto them.

Other than what you have mentioned the only thing needed is the fee since October the fee's have changed for the new fees look here Fees

 

 

hope that helps

 

saint

 

 

.

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