Deesco Vs Barclays

[deesco]

Hiya,

 

Just confused about a couple of points I need to complete on the form.

 

1) In my original claims to the bank I did not include any interest.

I have read 'help links' for the N1 form but am still confused. As I have not included interest so far, do I just leave out the overdraft interest section in the 'Value' par tof the form, and just include the s.69 interest, at 8%?

 

2) Also, in the "Value' section -

 

"Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just."

 

As I have not included OD interest can I leave out the calulation section and just use the 'at such rate and for such periods...' section?

 

3) Finally, this section in the "Particulars of Claim' section -

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

- What is the date when the money became owed? Is this the date at the beginning of the 6 years of claim? And I presume the date of issuing the claim is the date which I made the original claim to the bank.

- And again, I do not have the daily rate of interest, so do I just leave that bit out?

 

 

Sorry for being so stupid - never been very good with maths or money, which probably got me into this situation in the first place!!

 

Thanks

Anna

[Michael Browne]

1. Yes just delete the OD interest

2 No enter the amount of just charges x 0.00022

eg £495 x 0.00022=£0.11p

3 Date of your first charge. Enter the same daily rate again

[welshcakes]

Hi dessco

 

1) It is not mandatory to include overdraft interest especially if it's difficult to calculate and wouldn't be very much anyway. So yes, in this case, you just remove the line about overdarft interest.

 

2) In your claim this would be "Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - CHARGES x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.".

 

Say your charges are £427.50, you multiply this by 0.00022 = £0.09 and this is the figure you put in as your daily rate.

 

3) Put in the earliest charge incurred date shown on your Schedule of Charges. The date of issuing is the date when you actually file your claim with the court. The daily rate is the figure you arrived at in 2) eg £0.09.

 

It's not stupid deesco, so don't put yourself down.

 

Remember to take 3 copies of your claim and 3 copies of your Schedule of Charges down to the court. 1 copy is for the court to send onto Barclays, 1 is for them to keep on file and the ast one they will return to you through the post with a court stamp on it.

[deesco]

Thanks for your help guys!

 

Have a feeling I will be posting for help on here quite a bit!

 

Thanks

[Trucker]

Hi

 

If you haven't already done so you need to do a schedule of charges. The spreadsheets will work out 8% for you. See link below.

 

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

[deesco]

Hiya

 

Have done Schedule of Charges for orignal letters to bank.

 

Unfortunately am working on a Mac which will not read the spreadsheets provided on this site, so am unable to use them.

 

I know this is going to sound unbelievably stupid, but how do I go about working out the 8% interest? Do I take the total charges for each of the 6 years I am claiming for and work out 8% of that then add them all together???

 

Told you am crap at this!

[Michael Browne]

Use this one, doesn't need Excel, only Winzip to open it:

Spreadsheet: Online & Simple to Use

iCalculate

[Trucker]

Try these sheets.... they are web based. you will have to create a google account. Form 3b should meet your requirements

 

VAMPIRESS'S CHAMBERS

[dar£n]

using a mac.....what type of spreadsheets can you access?

see here:

VAMPIRESS'S CHAMBERS

 

Good ole trucker beat me..nice one matey

[deesco]

Hi

 

So far:

 

Have received statements from Barclays and sent Prelim Letter, along with spreadsheet of charges (18th June 2007).

 

Received standard letter saying will get back to me in several years time.

 

Sent LBA letter with details of charges (3rd July 2007).

 

Received similar standard letter.

 

Am currently completing N1 form to print out and take down to Courts in person.

 

After having problems with completing it (see thread - Help with N1 form please!) am still a little confused, after reading other peoples threads on the process.

 

NB Am using MAc not PC so computer unable to read spreadsheets for charges etc).

 

Several q's:

 

1) (Stupidest Q) What is MCOL??

 

2) Will be taking 3 copies of N1 form and spreadsheet of charges (now including 8% interest) to the courts, along with Court Fee. It will be exactly the same charges as originally sent to Barclays but with 8% interest added - is this sufficient for charges details?

- Will the Courts automatically send a copy to Barclays or do I have to do this myself?

 

Just reading 'Confused V Barclays' and has confused me even more! IT states that 'after you filed MCOL, you should have sent an updated SOC bothe to MCOL and to the bank with a covering letter quoting your claim number. If you didn't, send them off now registered and you should be okay.'

- is this just the updated charges (ie with 8% interest?)

 

3) Is this all I need to do at this stage? Do I need to send anything off elsewhere??

 

 

Have been reading posts from before I started this whole claim, but am getting more and more confused now with all the talk of court bundles and AQ's etc etc. Will I be able to do this??!!!

[deesco]

Tried icalculate - do no have the right application to use it apparently.

 

Tried Vampiress Spreadsheets but when logged in with Google 'We're sorry, but it looks like you're running a web browser that doesn't work with Google Docs & Spreadsheets yet.'

 

Am completely useless with computer so dont know what to do or use to remedy either of these probs!!!

[Trucker]

Hi deesco

 

1. MCOL = money claim online. As you are filling in N1 and going to your local court you do not need to worry about it.

 

2. You take 3 copies of N1 ond 3 copies of schedule of charges. The court will keep all 3 and forward copy to Barclays. You will also recieve a copy through post with official court seal.

 

3. Thats all you need to do at the moment.

 

Please keep to 1 thread. Don't start a new one with every question you have as it becomes confusing for those following your case. Good luck

 

Trucker

[deesco]

Thanks for your help Trucker.

[Michael Browne]

There's an online one here:

Bank Charges: Reclaim them, they're unlawful, get up to six years' money back...

But you can't save it so print out several copies. Plus you will need to enter the type of charge by hand afterwards in the blank left hand column.

 

Not ideal, but better than nothing.

[Janet-M]

2 threads merged

 

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

[deesco]

Hi

 

Just received letter (as am sure most people have!) from Barclays outlining the start of the OFT case, and stating they are 'suspending the normal timetable for dealing with bank charges complaints'.

 

I took my N1 forms etc to Notts County Court yesterday, so obviously panicked (!). But have been reading thru the latest info on CAG and am continuing with timetable for claims. Just wanted to clarify a few points:

 

1) In original timetable, Barclays are supposed to respond to issuing a claim within 14 days - is this thru direct contact with me (ie a letter) or do they contact the court?

 

2) Is this 14 days from the day I handed in the claim (ie yesterday)?

 

3) With OFT case, if I do not hear anything do I still continue to next step?

 

4) Also, have been reading the Barclays Litigation Team posts today, and it seems lots of people are contacting the team direct, and having success with their claims. One post suggest that you should contact them when you have a court date. This may seem stupid, but what would you be asking them to do at this point? And is this the best idea?

 

Sorry to be so dim - I blame my pregnancy hormones which have taken half my brain away! Am just finding this whole process so confusing! And it seems people who are more pro-active - ie contacting the Litigation team, rather than just solidly following the step-by-step instructions by contacting Barclays by letter - are having more success.

 

Help!!

 

:o

[saintly_1]

The 14 days is from when the claim was deemed served by the court ... in my case that was 2 days after i took it to the court ... the Bank will give their response to the court you should get notification from them

 

Normally you will receive a notice of issue from the court which will give you the exact date that they have to defend or acknowledge the claim

 

I wouldnt bother contacting the Litigation Team at all now due to the OFT case they are not settling anymore prior to a hearing

 

Hope this helps

 

saint

[welshcakes]

Hi deesco

 

Out of interest, which department, if any, at Barclays is issuing this letter (ie what dep't is signing at the end)? Quite a few others have had this letter so it appears to be the new automated response mailing from bank.

 

3) With OFT case, if I do not hear anything do I still continue to next step?

 

Just keep going in accordance with court notice that you'll receive. Once the claim is issued, the bank still have an obligation to stick to court procedural timetable ie Acknowledgement of Service, submission of Defence and complying with subsequent court instructions etc.

 

Hope you're enjoying being preggers! Ahh, I remember those days

[deesco]

Hiya Welshcakes

 

The letter is signed by Neil Henderson, Director of Retail Bank Customer Relations, based in Leicester. Also enclosed is a leaflet they have produced called 'Unauthorised Overdraft Chargbes Court Action'.

 

Thanks for the advice.

 

Just finished work on Sat for Mat Leave - currently chilling whilst still possible!!

[welshcakes]

Saintly - would CAG benefit from getting hold of one of these leaflets or at least an uploaded scan of it?

 

Deesco, whoo hoo, hope the sun comes out for you to get a little sunbathing time

[saintly_1]

I have received the exact same letter this morning

[deesco]

Hiya

 

Wonder if I could just get some info please!

 

I have not been doing anything with my claim since Sept 2007, as I had a baby, moved house and had post-natal depression. I am aware of the current legal situation with Barclays and other banks and know everything is currently frozen. I just wanted to clarify my position and check I shouldnt be doing anything else.

 

I got to the stage where I had filed a claim with the court and they sent me a notice of issue. I did not receive anything after that, but had received the leaflet from Barclays explaining about freezing all claims processes.

 

Hope someone can help!

 

Thanks

[slick132]

Hi Deesco,

 

After you Filed at Court, Barclays should have Acknowledged your claim within 14 days and entered their Defence within 28 days. The Court should have at least let you know of the Acknowledgement but you may have to ask Court for a copy of bank's Defence.

 

It is THE COURT'S position to appply a Stay to your case and NOT the bank.

 

I suggest you contact the Court whilst it's all quiet and find out when bank Acknowledged and ask for a copy of the Defence.

 

Ask also for the details of any Directions given about the Stay on your case.

 

If the bank defended, I would have expected you to be sent an Allocation Questionnaire to complete and return, so you need to check on how your case is now.

 

Congratulations on your baby and I hope you are recovering yourself.

 

Slick