Burgess v Barclays

[ca9mbu]

Hi.

 

I've refused the initial offer from Barclays and they've now written back with the following:

 

"I am unable to refund you the full amount and it is with regret that you will now be proceeding to the County Court. I appreciate this is not the response you were hoping for, but I hope I have clarified the Bank's position."

 

When I initially read the letter I thought this was telling me that they were going to take me to court, but that can't possibly be right. So, I assume my next stage is to file a claim through Moneyclaim, right?

 

Quite frankly, this is ridiculous. I'm sure it's cost them more in staff wages responding to my letters than the amount I'm claiming. Going to court (which I'm pretty confident they're not actually going to do) is just going to compound their costs further.

 

Thanks,

 

Matt

[Rooster-UK]

Hello Matt, welcome to the best forum on the internet.

 

Yes, the next stage is the Moneyclaim.......... Good luck with your claim.

[fivelaws]

Good luck. Keep us informed.

[Bookworm]

Shouldn't it be Burgess v Barclays? (Not vs, that's an americanism)

 

Your claim, your rules.

 

Welcome, keep us posted.

[ca9mbu]

Bookworm, yes, it should be Burgess v Barclays but as I originally thought they were considering taking me to court I swapped the claimant and defendant round (well, that's my excuse and I'm sticking by it ;-) ). As for the Americanism, I guess that just slipped in after reading far too much about the SCO vs. Redhat case that's going on over the pond!

 

Anyway, the claim has now been submitted. Thanks to everyone who's supplied the invaluable information on this site.

 

Regards,

 

Matt.

[fivelaws]

I think the SCO v IBM fight is more fun. But that's personal preference...

[alyhalfpint]

Thats exactly the reply I had when I refused their 'gesture of goodwill'. Still just routine guff that they're posting out then. Ah, well, off to moneyclaim then.

[ca9mbu]

What with other stuff going on I completely forgot about this! I filed my claim on 22nd June, and an Acknowledgement of Service was filed by Barclays on 23rd June. They intended to defend all of the claim, and as such, I believe, had 28 days in which to file a defence. I make that to be today (assuming they're not talking about 28 working days), and I've not received any paperwork relating to the defence yet. I suppose they could've filed the defence today so I suppose it's reasonable to wait a couple of days for Royal Mail to get the stuff to me. Just out of interest, has anyone else had Barclays fail to submit a defence and therefore managed to get their money back by default?

[ca9mbu]

Well, there's nothing in today's post either. Could someone tell me what my next step should be? Thanks, Matt.

[Alleycat]

Log onto Moneyclaim and file for a judgement by default. As long as the full 28 days has passed it will let you do it. You will then get a letter from the courts sent out in the post.

 

I would suggest doing a search for judgement by default on here to see what the possible outcomes could be. When I did this for my OH with Capital One, they settled about two weeks later.

[ca9mbu]

Well, MoneyClaim isn't allowing me to request a judgement by default, presumably because it doesn't think 28 days have elapsed. The claim was filed on 22/06/2006, the Acknowledgement of Service was filed on 23/06/2006. I make 28 days from the date of filing to be 21/07/2006, unless they mean 28 working days? In which case it'd be 02/08/2006.

[BBloke]

Well, MoneyClaim isn't allowing me to request a judgement by default, presumably because it doesn't think 28 days have elapsed. The claim was filed on 22/06/2006, the Acknowledgement of Service was filed on 23/06/2006. I make 28 days from the date of filing to be 21/07/2006, unless they mean 28 working days? In which case it'd be 02/08/2006.

 

I am at exactly the same point as you. Original notice 21st June. Acknowledgement of Service filed 23rd June. I rang the Moneyclaim Line this morning and they said go ahead with entering judgement. I don't believe it is working days - the lady this morning was very helpful. She said that they then have a calendar month to pay up. Quite frankly if they wait another month then it will only cost them another £11 in interest charges.

 

I have not tried it on the Moneyclaim website yet though. I will respond here later on once I have tried.

 

FYI - my thread is BBloke v Barclays.

 

Good luck

 

BB

[ca9mbu]

So, presumably you're filling out a paper-based from rather than something online, as MoneyClaim physically won't let me proceed to enter a judgement by default? Ack...now getting back from lunch my case has changed its status to "Defence"! Ho hum, looks like I'm in for the long haul!

[BBloke]

Exactly what has just happened to me!!! After I posted here I went to check and low and behold a defence. I had the option to start judgement this morning! Well I guess its another 28 day wait now?!?! Or is it. How long before the court assigns a date? If this goes to court you're all invited! We'll hire some coaches and make a day of it. Oh well lets look forward to the post in the next couple of days.

BB

[Bookworm]

Ok, no panic!

 

You are a long away from a courtroom, so settle down.

 

A few basic facts first: Barclays have so far just about held down the longest on each and every claim. They make an offer, usually 50%, when you refuse, they then make a great show of toughness by saying they'll go to court. They never have, and IMO, are not about to start either.

 

You should be receiving a defence within the next few days. If you have a look at my Barclays thread,

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/5035-bookworm-barclays.html

 

you can see what to expect pretty much word for word.

 

You will have about 2 weeks to fill the accompanying Allocation Questionaire (a how-to for AQ is in Library), and after that, settle down for the long wait.

 

A few people have managed to cut corners by contacting the solicitor for Barclays at that stage, but it is not somethign I would advise unless you know what you're doing and are very determined and firm, or you'll end up agreeing to less then 100% refund or strings attached.

 

Post back here once you have your defence, and keep us posted. Same to you, BBloke.

 

Burgess, I have changed your title to reflect the more combative, pro-active (and English) you! ;-)

[ca9mbu]

Burgess, I have changed your title to reflect the more combative, pro-active (and English) you!

 

Thanks!

 

The defence came through today. It's the standard one that has been posted on this forum several times already, complete with rather unprofessional looking spelling errors, etc. Also, there didn't seem to be enough space in the "Defence" section - point 7. is cut off mid-sentence.

 

Point 1 mentions that I never gave them details of the particular account, which I did in my first letter to them! Admittedly, I didn't provide details of the exact charges I'm wanting refunded, but they already have that information (all charges for the 12 months I've had the account).

 

Is this information worth putting this information in Section G "Other Information", or even a list of the specific charges, with amounts & dates in there, or can that be done if/when this eventually gets to court?

 

Thanks,

 

Matt.