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Court date agreed!!!!! 30/8/2007


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HELP!!!!!!!!!!!!!!!!!!!!!!!!!

Can any one help me out there, I posted a thread last week but I did not receive a reply, now since then I am really desperate, as I have received my court date. I have received also a letter from Barclays Bank offering me a gesture of goodwill of £850.00 but wait for it this is the good bit.

Every month I have a debt collector call to collect £10.00 off the what I thought was sold on debt it appears that it wasn't, they were collecting on behalf of Barclays as they let this slip in the letter by telling me that they would settle the £499.00 left remaining to the debt collectors and stop them from calling and send the balance to me via a chq.

My claim to Barclays is approx £2900.00 and the o/d debt was approx £800.00 which I have reduced to the £499.00,

Should I now, claim also the £800.00 which I have been repaying back plus interest, I cannot believe that they were collecting on behalf of Barclays.:mad: :mad:

 

Also I have noted in threads that people are talking about claims bundles and paperwork that has to be filled in for the court. All that I have received from the court was a questionairre, which I completed and posted back with the £100.00 and they have just sent me a date to appear and instructed me to present papers to Judge by 2wks before and bring the originals on the date.

 

Am I missing something here, is there a court bundle I should have received or do I just send in my own copies of everything that I have done?

Also I have at no time replied to any of the letters that I have received from the Bank the only letters that I wrote were the ones at the beginning,asking for statements and the letters up to the Court Stage, once I was in the court stage I have basically ignored them.

Should I now write refusing there gesture of goodwill, and inform them that I will also be claiming the extra money as well or leave it it all upto the court process now. The letter from the bank stated if I did not contact them within 8 weeks the case would be closed.

 

I am not very good at this am I, I hav been so strongfrom the onset but I am beginning to buckle. PLEASE HELP:confused: :confused: :confused:

 

Many Thanks

 

Jay

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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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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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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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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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Ta again Saintly1. What do you thinkI should do with reference to contacting the bank advising them of what I am about to do as they have sent me a letter with an attachment for me to sign to accept the £850.00 which of course I'm really not going to do, but am concerned about there statement that the case will be closed if they do not here from me within eight weeks.

 

Shall I get really early and send them back all the copies of the details that I have to send to the Court 14 days prior to hearing.

 

And am still also confused abouth this extra money that they owe me £800.00 which was obviously incurred through bank charges but not claimed for origanally???????????????

 

Ta

 

Jay:???: :???: :???: :???:

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html letter 5 would suit i think ..... are you not already claiming the £800 in the claim already ?

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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GOODIES

 

When you have snet a SAR and then a Prelim Letter requesting refund of money they owe you, they are not in a ny position to decide to close the matter! It's not their issue to close so just ignore their daft words about shutting the case, it's rubbish and makes no difference to the validity of your claim.

 

I think it's important that you continue on your time scale with all the charges that have been applied to your bank account - £2,900.00

 

If I understand it correctly (forgive me, am fortunate enough to have no knowledge of how DCAs work), you believe there may be additional charges/fees associated with the DCA working on behalf of Barclays?

 

I think it's important to verify that the DCA is in fact an agent of Barclays (as oppose to a sold on debt). It may well be easier to tackle these as two separate claims however I'm far too green to give you solid advise on that. Hopefully, one of the seasoned gurus will come along and tell you with confidence how best to tackle these two issues.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi again Saintly1

 

No I did not realise that the Illigimates Children of the Bank had sent in the Debt collection agency on their behalf, and my Blood really boiled over when they had the nerve to state that they would repay the £499.00 back to them and send me the remainder from this oh so generous offer of £850.00 to me via a chq.

 

NICE OF THEM TO PAY THEMSELVES BACK £499.00.

Thanks you guys my nerves and strongwill are now back on track.

 

Thank you so much

 

Jay

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Thanks Welshcakes, I will go for everything I can get from them, having read all the useful links I'm raring to go now.

It seems from the Links that the Judge just wants my letters and statements and any other letters received from Barclays.

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Goodies, when is your court date?

 

Check out the thread title, Daz...:D

 

...and get some sleep, mate!

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Thanks to everyone who has replied to me. Today I am going to write to Barclays Bank declining their measly offer of £850.00 and putting them straight regarding telling me when the case is closed.

Also will start putting all the paperwork in order and get photocopying, what do you think if I send the copy bundle to the bank at the same time as the letter but not letting on when the Court date is as the papers don't have to be with them until two weeks prior to the case.

Do you think that they might think she means business, or is this a bad idea, as it may give them more time to retaliate, and find other ways to make me give in.

Also anymore advice appreciated with regards to the £800.00 which the debt collector is retrieving from me on behalf of Barclays.

Should I just wait and bring it up at the court hearing:confused: :confused:

 

 

Many Thanks

 

Jay

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Hi Trucker

 

No I have not made any telephone contact with Barclays at all, I have only sent them the letters up to and including Court process.

I am in a real fight now with them so I send everything via post recorded delivery so that I have proof that they received it.

 

Still not written the letter to them yet as per my previous post, reading most of the morning on this site for info.

 

Sorry to keep harping on about my £800.00 which must be getting on everyones nerves at the moment, but I am stuck and do not know what to do.

 

Can anyone help?????????????????????

 

Thanks

 

Jay:)

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OK

 

Let me try and get my head around this. You have an overdraft debt which has been passed to an agent. Presumably your account is now closed. You say that the £800 is made up entiely of bank charges. Did you include these in your claim? If you did then when you settle then the amount still owed will be cleared from the settlement figure. If you didn't include them then you will need to ammend your claim. To do so at court you will need to use form N244 (this costs £35 and is not recoverable)

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Thanks Trucker

 

No I did not calculate this £800.00 in my figures as I believed that the debt had been sold on to a debt company. This guy calls round once a month and collects £10.00 from me.

However when I got my letter from the bank offering me £850.00 as a gesture of goodwill, they let it slip in the letter that this collector was acting on behalf of them and I now owe £499.00, so once they have settled that they would stop the collector calling and send me a cheque for the balance, so obviously pay themselves back the £499.00 and give me approx £350.00. My claim is for £2900.00 I shall of course very politely via recorded delivery letter refuse their most generous offer .

;) ;)

 

Jay:grin:

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In that case you have 2 options...

 

1. Ammend your existing claim to include the £800 (at a cost of £35 which is not recoverable)

 

2. Start a fresh claim purely to recover the £800 (new N1 etc, but at least you can recover the court fee)

 

In the mean time it is important that you carry on paying the debt.

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