mitsy v Barclays court case

[mitsy]

i have a court date which is the 1st of august, i have sent a copy of my banks statment's and letters ect of to the court, but should i send bank statement's to barclays???? the court papers said i should submit my papers no later than 14 days to the court but is it the same to send to barclays as im in the 14 days now, barclays have also closed my account because i was overdrawn, the kept asking me when am i going to clear my overdraft which is only £200 and i kept telling them as soon as they pay me the money they owe me, . i have opened another account with a different bank but im stuck as to what to do,

would barclays try and pay the money in to my account or deduct it before sending me the rest out or is this illegal???

i would have to be paid by cheque plus have the time before it clears, which doesn't leave a lot of time,

should i ring them????

 

any advice would be great

[saintly_1]

You can request payment by cheque ......... if they settle before your court date but you dont have the cleared funds then you will have to go to court and inform the judge that you have a settlement on paper but as yet have not got the money They will proberbly adjourn the case to give B's time to pay you

 

Did the directions not say provide the court and the defendant ? ... you really should of sent them to B's litigation team

 

Re the closure of your account i would put a claim into the financial omnbudsman as you see this as retaliatory action

[mitsy]

thanks for replie. i have sent recorded twice a list of my charges plus interest, the last one i sent was march, have i messed up here as i did not send barclays a copy of my statments,

[saintly_1]

ok you need to send them an updated schedule of charges . and anything that you have sent to the court ..... send them tomorrow

[dar£n]

I'm assuming they closed your account AFTER you demanded your money back.....

 

Storm into your bank and DEMAND it to be re-opened immediately [even if you dont really need it to be]

They cant close accounts because you are taking action against them.

 

Tell them you see it as an act of retaliation and will report it if they do not comply

[saintly_1]

As an after thought ... how much notice did they give you re the closure of the account ?

have a read here issue 48 - banking: when a firm decides to close a customer's account

[the wynn]

sorry to interupt i need to know how far i can claim back, i have an old business account from 16 years ago can i claim ????????????

[saintly_1]

do you mean it was closed about 16 yrs ago or opened about 16 yrs ago ? alsp please dont hijack someone elses thread please start a new thread of your own .... thnx

[saintly_1]

Send a S.A.R tho the bank requesting all your statements if you have the account number it shouldnt be to bad.If you dont then give them as much info as you can

[thespaceshanty]

would barclays try and pay the money in to my account or deduct it before sending me the rest out or is this illegal???

 

I would say that if you are curretly overdrawn by £200 that must be paid off first with any money due back to you as you still owe Barclays.

[mitsy]

ive got a court date for the 1st of august, i rang barclays on monday asking them if they want to settle but they said they were only dealing up to the end of july,

i told them i do not have a bank account with barclays no more and that i would have to be paid by cheque, he said that would not be a problem,

i then stated to him that if i did not get the cheque and it was put in my bank and cleared by the 1st i would see them in court, i would not ask the judge for more time pending payment.

 

what should i do ring them back at the end of the week and see if they want to settle???

but what i have been reading on here they are defending barrister etc and not paying out.

 

is this true or are barclays still paying out before court date.

[dar£n]

they are defending but they are still paying out also..so there is no reason to think they will not settle, if you have a straight forward claim then push for the settlement again next week..

[cat-lancs]

good luck i say... this is what im ****ting excuse me language lol

[mitsy]

thanks for the relies i think i will give them a ring today and see what they say. :o

[dar£n]

best of luck to you..

[mitsy]

how can banks ask for a stay when its not getting passed till friday

[tonycee]

how can banks ask for a stay when its not getting passed till friday

 

Whats not getting passed on friday ?

 

And please dont say Robinson Crusoe..

[mitsy]

just had a thought when i phoned barclays on monday they told me to ring back at the end of the week as they were only dealing with july's claims, he then told me they will settle and they dont want to go to court, and because they are really snowed under it might be they day before i go to court, i am trying to get through to them at the minute to see if they want to settle today,

if they say no and quote the trial case should i say we had an agreement on lots of occasions they have said the will settle in full, would this be a verbal contract and would it stand up in court???

[mitsy]

forgot to say if it would stand up in court should i phone the courts and say i have some new evidence??

[mitsy]

the trial case, but arent same judges using a stay for the banks before today when it was passed

[mitsy]

just had a thought when i phoned barclays on monday they told me to ring back at the end of the week as they were only dealing with july's claims, he then told me they will settle and they dont want to go to court, and because they are really snowed under it might be they day before i go to court, i am trying to get through to them at the minute to see if they want to settle today,

if they say no and quote the trial case should i say we had an agreement, on lots of occasions they have said the will settle in full, would this be a verbal contract and would it stand up in court.

 

would this not let barclays make a stay.

 

should i phone the court and submit new evidence

[cat-lancs]

did you get through to them? what did they say?

[Destinyofsouls]

The case will take at least a year. Then if the banks win, they will appeal and take another year.

 

I may be a pessimist, but I think that the bank reclaiming thing is now history

[Janet-M]

4 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[mitsy]

right i have decided when i go to court on wednesday i will say to the judge "barclays agreed to pay me in full numerous times before the court date which they have not done" this is true, also i will say that i did not receive my court bundle from barclays which i have not.

 

does anyone think this will sway in my favour they did agree to pay me

so would this come under the fse 2 month payout rule????