im4347 Vs Barclays

[im4347]

Hi all

 

I have 2 accounts with Barclays, one being a joint account with my wife.

The amounts to be claimed are:

 

ACC 1 - £1905

Interest - £108.87

 

Acc2 - £1750

Interest - £19.87

 

Total= £3783.74

 

I sent my first letter requesting the amounts above and I recieved a 'Full and Final' settlement letter back offering us the amount of £2235.00.

 

We obviously declined the offer and sent a second letter back stating that if the full amount is not received within the next 7 days we will be taking County Court Action against them.

 

We heard nothing back and decided to give them a call to ask if they had received my second letter. The Customer Relations Manager who I dealt with was so robotic, as if she was reading out of a book, and giving me all this 'goodwill gesture' jargon. I told her that you are giving me no choice but to take this matter to Court, to which she replyed, 'that's fine, take us to court'.

 

We have now prepared our spreadsheets with the 'Schedule of Charges' including the 8% daily interest to date, bringing the total amount to:

£4207.65

 

Could someone please advice us whether to take the MCOL Route or the N1 Route?

[saintly_1]

both have their good and bad points

 

mcol has limited space for particulars of claim ... can sometimes cause problems later BUT has the advantage of being able to see exactly where your claim is upto You cant submit your schedule of charges with mcol and need to send it after filing

 

N1 has the advantage of a fuller particulars of claim you can attatch your schedule BUT you cant easily see where your claim is upto

 

It really boils down to personal preference

 

Hope that helps

[jingles2020]

Hi,

My wife and I are only about 4 weeks ahead of you - we asked the same question within our group of friends who are reclaiming monies and the general concenous is that the MCOL route is easier and less time consuming - its also a lot easier to 'cut and paste' from the CAG template liberary (with the obvious minor adjustments). Also the MCOL website checks the defendants postal address to ensure action can be taken. The MCOL web site is very easy (surprisingly easy) to follow.

Hope this Helps and good luck

[saintly_1]

The N1 can be done on the pc .. just not saved so as long as you print off the 3 copies required once you have dont it theres no problem ... N1 removes the need for the case to be transfered to your local court once Barclays defend the claim which they will do

[im4347]

I'd like to thank you all for the advice.

 

I think we might take the MCOL route.......

 

Will keep you updated.

[Trucker]

The thing to consider with MCOL is that it is clogged up and slow at the moment. Then you will have the delay of it being transferred to your local court.

 

I have read several threads lately advising N1 route

 

[saintly_1]

I will be going the N1 route might as well as my claim is going to end up in my local court anyway

[Trucker]

There seems to be about a 3 to 4 week delay in MCOL cases being transferred to local courts. If you go N1 route at least you are that time further up the waiting list for a court date. Only downside to N1 is that you physically have to take papers to court in the first place

 

[dar£n]

MCOL are seriously struggling at the moment

 

BBC NEWS | Business | Bank claims deluge legal service

[dar£n]

Ref N1 route, not only that there seems to be a LOT of judges who are dismissing the POC's as inadequate from MCOL because of the limited space you are allowed..

[welshcakes]

I agree that where it is easy enough to get into your local court, it can not only be time saving, but the court send the POC and SOC onto the bank; no more hold up with bank claiming weeks down the line that they didn't receive details of claim.

 

Also remember that anyone who is on low income and exempt from court fees, still has to intially pay out through MCOL however your local court can accept the claim without payment as long as you take along Exemption Form (downloadable from Court Services Website) plus documentary proof of income/benefits.

 

It also gives you the opportunity to familiarise yourself with the court building, nearby parking facilities etc plus you can ask direct questions to the court clerk regarding court procedure and timeframes.

[im4347]

Thanks to you all

 

We are definately taking the NI route.

[im4347]

Hiya

 

We've been away and we're off to the County Court tomorrow. Just a quick question, I have 2 accounts with Barclays, can I put both accounts on the N1 form as one claim?

 

Thanks

[saintly_1]

yes you can . just make sure that details of both accounts and that you include both SOC' ...... also that you take 3 of each with you

 

1 for the court

1 for the court to stamp and issue to Barclays

1 for the court to stamp and return back to you

[im4347]

Thanks Saintly, your exactly what your name says, 'a Saint'!!

 

Will keep you posted.

[im4347]

Hiya

 

We went to court today and filed the county court claim. We understand that we now have to wait to hear back from the court with a date by which Barclays should reply.

 

Do we need to send Barclays our Particulars of Claim and SOCs separately aswell? (I know the court are sending one copy to the bank)

 

Thanks

[welshcakes]

Hi im

 

Since you went down the N1 route, you will have provided the court with 3 copies of the Application plus 3 accompanying Schedule of Charges. That's your part done.

 

THe court will send on everything Barclays require - if the court didn't stamp and give you back your copy, you'll have it through post soon (as will Barclays).

 

Just sit back, keep reading the forum and wait for the court to contact you with next stage

[im4347]

Hi all,

 

Just to update you on our progress so far:

 

A 'Notice of Issue' was served to Barclays on the 13th July 2007 and they had until the 27th July 2007 to reply. We received nothing from Barclays, but they faxed an 'Acknowledgement of Service' to the Court on the 27th July (typical).

 

Will keep you posted.

[im4347]

Hi all

 

We received our 'Allocation Questionnaire' and the deadline is 31st August, yes today!!!

 

A quick question regarding Section G (further info), is there any latest templates or advice that I will need to complete this section?

 

I have also received a letter from Barclays stating that they will be applying for an order to stay from the court until the resolution of the Bank's proceedings with the OFT.

 

:idea:

[slick132]

Im,

 

Think this is the link you want - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html.

 

Ignore B's letter, stick to your own agenda.

 

Slick

[im4347]

Thanks for that Slick.

 

I found this on one of the threads regarding the bank asking for a stay order to be attached to the AQ;

 

"The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside."

Should I attach this to the Allocation Questionnaire?

[dar£n]

YES!

[im4347]

Hi all

 

Had a letter from Wolverhampton County Court stating:

 

"IT IS ORDERED THAT

UPON the court considering the papers in this case and

 

UPON it appearing to the court that

(i) the issues to be determined in this case are the same or similar to those to be determined a test case ('the test case') being brought by the Office of Fair Trading against a representative number of clearing banks and

(ii) it would be appropriate and proportionate in the circumstances for this case to be stayed pending the conclusion of the test case

 

IT IS ORDERED THAT

Each party shall by 4pm on the 18th October inform the court in writing why this case should not be stayed pending the conclusion of the test case."

Any advice would be really appreciated.

 

Thanks

 

 

[saintly_1]

Ok they are asking you to submit an argument against a stay .. have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 amend the witness statement to suit

 

 

Hope that helps also have a look here http://www.consumeractiongroup.co.uk/forum/barclays-bank/111127-new-forum-stays.html

 

 

Saint

[im4347]

Hiya

 

Heard back from the Court today and I'm trying to put up a pdf file as an attachment but the attachment icon is not in the tool bar........Help!!

 

Regards,

 

IM