I'm a Newbie - Kirsty B vs Barclays

[kirsty.hiya]

Hi Guys,

 

This is my first post.

 

I am currently chasing Barclays for charges totalling over £2600 accrued over the past 6 years.

 

I started off with the usual.. sending out the template letters found on thisismoney.co.uk and through the money expert on GMTV's website. Barclays denied any fault but offered me £1000 in full and final settlement.

I was not prepared to take that given the full value of the charges I had incurred. They didnt even offer me 50%!!! Tight Gits.

 

Anyway having declined their offer and giving them 14days to get back to me, I heard nothing and so started the claim on the moneyclaim website.

 

On the second to last day they finally filed a defence and the case has now been passed to Bow County Court.

 

I received an acknowledgement from the court along with a copy of Barclays rather detailed defence which has left me feeling slightly worried. A few weeks passed and I heard nothing until just 2 days ago when I received a note from the court asking for more information. The court have now ordered that I file and serve a properly particularised claim identifying

 

1) the bank account

 

2) the period during which the said bank charges were incurred (I have provided this already so no idea why theyre asking again?!?)

 

3) & by reference to a schedule itemising the said charges which are to be reclaimed

 

4) & the basis upon which the claimant alleged the charges are recoverable from the defendent.

 

They have given me until 27th June to provide this info.

 

If anyone can help me out I would greatly appreciate it as I'm not quite sure what they are expecting me to provide them with.

 

I am assuming they would like copy bank statements with charges highlighted. This is not a problem. Its mainly point 1 and 4 which confuse me.

 

Within their defence filed Barclays seemed quite determined that they will not be paying back my charges!! Its all a little scary. Can anyone offer any advice or has anyone been in a similar situation??

[dar£n]

Hi Kirsty.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Also, send a copy of your updated SOC's to both parties

[pjdavies2000]

worth sending a message to a MOD I think, some courts have been striking out claims at this stage, so you may find it useful to look in the forum section above that has AQ as it's title, there are several things in there that are worth using, plus there are the recent defence strike outs, and if you ahve the original terms and conditionsm, that would be great - if not, check again in the forum pages above, under T&Cs and see if anyone else has posted them.

 

But def contact a mod! Oh and DAR£N...where is he...?

[dar£n]

In case you ask what SOC's are,

 

The list of charhes you are reclaiming.

 

heres the spreadsheet link

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

[dar£n]

As Pj advises:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html

[kirsty.hiya]

worth sending a message to a MOD I think, some courts have been striking out claims at this stage, so you may find it useful to look in the forum section above that has AQ as it's title, there are several things in there that are worth using, plus there are the recent defence strike outs, and if you ahve the original terms and conditionsm, that would be great - if not, check again in the forum pages above, under T&Cs and see if anyone else has posted them.

 

But def contact a mod! Oh and DAR£N...where is he...?

 

Thanks for that much appreciated!!

 

I may sound dumb but its been quite a while since I used a forum, can someone point me in the direction of a moderator who might have time to talk me through it? A lot of this stuff is going waaaay over my head!!

[pjdavies2000]

I think after re-reading it Kirsty, you should be fine if you go through the AQ link that Dar£n has added above, and drop your details into it where needed, and send off. I think the important thing is that the court want you to show that Barclays have something to answer to, so you need all the info you can get, which that AQ link will provide. After that, some strike out data (see threads below) will also help, if you can get the claim numbers from them, and an up to date SOC. Did the judge ask for anything from the bank? If so, can you type that here as well please, bcause it may be that the judge has ordered them to supply some info as well, in which case it may be very good news for you!

 

Peter

[kirsty.hiya]

Do I have to send that AQ thing off to the court?

 

I have the SOC thing because I went thru all of my charges and inputted the dates and amounts onto an online interest calculator and printed off the lists. Is this what you mean? It shows the dates of the charges and the amounts.

 

Sorry for asking so many questions. This is all new to me and I feel a bit out of my depth.

[kirsty.hiya]

Also... it may be worth my mentioning that I have not received an allocation questionnaire from the court at any stage.

[pjdavies2000]

Not at the moment - I think this is where the advice from someone else is needed. You need to send something similar to the AQ off to the court, but it may be that the court you are dealing with has dropped the AQ altogether, and has sent some quite good directions out to Barclays and yourself. that's why it's useful to see what the court have asked of the defendent. If they have asked (in more words) for standrad disclosure, then you can ring for a settlement, if only you have been asked to provide these details, then you need to send something that contains the AQ info to the court before the 27th.

 

Dar£n..any ideas?

[dar£n]

1. sounds like to me they want an in depth POC.

 

2. The spreadsheet you used. was it off this site or moneyexpert?

[pjdavies2000]

Yes, but if Barclays have been orderded to supply the long winded standard disclosure info, as per the new style AQ system, then creating a deeper POC would be pointless, as Barclays won't file anything about their charging system.

 

I think before going through a lengthly indepth POC/AQ creation, it's worth checking that disclosure hasn'r been ordered...?

[dar£n]

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-21.html

 

 

This is the trouble ordinary guys like us have to face....Some of these judges simply assume we all know what the hell theyre going on about.

 

Easiest way Kirsty is phone up your court and say, Hey, what is it you actually want me to submit?

 

Dont be intimidated, these people are very good, they wont talk down to you, they are there to advise you.

[kirsty.hiya]

Ummm it was on money expert. You just type in the date and the amount that you were charged and it then calculates how much interest you can also claim from the bank on top of your charges.

 

Thanks for your help guys. You're really quick to respond. I appreciate this!

[kirsty.hiya]

Oh also... I have no information that states that Barclays have been asked to provide or submit any further information to the court.

[pjdavies2000]

No probs Kirsty,

 

Post your first post in the link Dar£n just added, and see what response you get in there, also copy the link to this page (the bit in the address bar) and paste that in as well, so people can come here and read what has been put already.

 

That may help a bit more

[dar£n]

Ummm it was on money expert. You just type in the date and the amount that you were charged and it then calculates how much interest you can also claim from the bank on top of your charges.

 

Thanks for your help guys. You're really quick to respond. I appreciate this!

 

Kirsty, there is the chance that you have the 'cheap' version of the spreadsheet, you will need to check that it automatically updates everytime you open the file..If the interest amount is the same as the day you completed it, then you will lose out what is rightfully yours.

The sheet on this site calculates the interest right to the day of settling.

 

It might mean you will have to download ours from the link I gave you and re-enter the details of charge description, date and amount.

[dont enter anything into the other columns]

[kirsty.hiya]

Thank you! I will do that when I get home tonight.

[dar£n]

Kirsty. do me a favour, would you post the statement #1 Barclays used in their defence.

[kirsty.hiya]

Sure I will! Will have to do that tonight though as dont have a copy here at the office with me at the moment.

[kirsty.hiya]

dar£n - just saw this one another thread:

 

1. To the extent it is alleged that Claimant incurred bank charges on the Claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The Particulars of the claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

 

xxxxxx

 

This is the same as point 1 and 2 that Barclays put on the defence filed for my case also. (I can remember because I read it so many times trying to make sense of it LOL) So I would assume that the defence filed for my case is the same as the defence filed for the case I was reading about earlier on here. Does that shed any light on anything??

[dar£n]

Yeh, thought so, this is why you have been asked to submit the details.

 

Send in your SOC's with you acount number/s and sort code clearly visible.

and also the POC's from the link earlier.

 

send them recorded delivery to both parties. [you can hand deliver to the court if you want]

[kirsty.hiya]

Whats a POC?

 

Do I need one to send one of those things to strike out their defence or whatever it does?

 

All of this is so confusing!! haha Sorry for the questions but your help is appreciated as always.

 

The court also asked for some information on why I think I have the right to claim these charges (but not in so many words) so what sort of thing can I send them? Is it worth sending to them a copy of the letter from Barclays offering me £1000 in full and final settlement? I know that in these letters Barclays state they are not accepting any liability and its a good will gesture but surely this proves they must have a guilty conscience about something? - or is it not worth including this?

 

x

[dar£n]

POC = Particulars of Claim

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Statement of Evidence etc

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-20.html#post482194

[kirsty.hiya]

Sorry to keep bothering everyone but I am at work and its hard to read thru the threads to find information without my boss seeing!

 

With reference to the New Strategy for AQ's and the below points:

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

Exactly what documentation should I send to the court for points C and D?

 

Again.... Thank you all for your help! xx