Threatening letter Charge reclaim

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grey_nomad_27
grey_nomad_27 Posts: 10 Forumite
in Reclaim bank & credit card charges
Am very new to all this - need help urgently over threatening letter from Barclays re my claim case.
brief history - used MSE template Feb 07 to reclaim charges - messed about by Barcalys replying from London then Leicester then London etc. Started Court action online May 07 - transfered to local CC June 07 - Court order issued Aug07 giving Barclays until 17 Oct 07 to respond - reply received in Court from Barclays 23 Oct07. Court rejected my order of judgement and awarded Barclays a stay.
Dec 08 wrote to barclays asking to settle under hardship waiver - denied citing 8 Oct08 ruling that I am claiming charges on a business account.
The account was me t/a .... and was my only account and used for personal use ie giving cheques to family members for birthdays,dd to sky, gas elect. Wrote again to Barclays asking them to settle half claim. No reply
Have now had a letter 22 Apr09 threatening that if I do not withdraw my claim within 14 days they will ask court to strike claim out and ask for costs. They are citing a case 20 March 09 Salford CC - DJ Relph where they were successful in getting a claim struck out and were awarded £1000 costs.

HELP do I withdraw ?
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  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
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    grey_nomad_27 wrote: »
    Am very new to all this - need help urgently over threatening letter from Barclays re my claim case.
    brief history - used MSE template Feb 07 to reclaim charges - messed about by Barcalys replying from London then Leicester then London etc. Started Court action online May 07 - transfered to local CC June 07 - Court order issued Aug07 giving Barclays until 17 Oct 07 to respond - reply received in Court from Barclays 23 Oct07. Court rejected my order of judgement and awarded Barclays a stay.
    Dec 08 wrote to barclays asking to settle under hardship waiver - denied citing 8 Oct08 ruling that I am claiming charges on a business account.
    The account was me t/a .... and was my only account and used for personal use ie giving cheques to family members for birthdays,dd to sky, gas elect. Wrote again to Barclays asking them to settle half claim. No reply
    Have now had a letter 22 Apr09 threatening that if I do not withdraw my claim within 14 days they will ask court to strike claim out and ask for costs. They are citing a case 20 March 09 Salford CC - DJ Relph where they were successful in getting a claim struck out and were awarded £1000 costs.

    HELP do I withdraw ?

    Marvellous, that is fairly standard response. I would wait for them to apply to have the claim struck out. They are sending this as standard to people. It is imho intimidatory.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • grey_nomad_27
    grey_nomad_27 Posts: 10 Forumite
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    Do they have a case to get the claim struck out ? I can not afford £1000 costs - I have already paid out £320 getting the case to court - Would the Finanacial Omburdsman take on the case ?
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
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    grey_nomad_27 wrote: »
    Do they have a case to get the claim struck out ? I can not afford £1000 costs - I have already paid out £320 getting the case to court - Would the Finanacial Omburdsman take on the case ?

    Can I ask what you wrote on your particulars of claim or the court form you filled in?
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • grey_nomad_27
    grey_nomad_27 Posts: 10 Forumite
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    sorry for not getting back sooner - I think also that you are responding to my first thread bank charges which h as now been moved into this section. Unfortunately I cannot find the exact particulars of the claim - it was started on line May 07 - all I have from that is a claim number and payment confirmation number but I do remember the wording followed that set out by MSE at the time. Barclays put in a defence and the case was transfered first to Northampton CC then Wellingborough CC.The case has always been between M..... G..... and Barclays. Originally I had included a schedule of charges in the claim - a judgement was made in August that I provide full disclosure of the charges ie dates on which they occurred this I did together with interest as per MSE calculator, by Sept 07. Barclays had until 17 Oct 07 to respond they didn't. I filed for judgement to be entered and while waiting for a hearing a back dated letter was received in court - the judge upheld Barclays request for the stay.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    Hi - don't just ignore the letter.

    you are already stayed? you need to contend the application to strike with a request to retain the stay. am working on something at the moment over on legalbeagles in the oft forum - also if you have a look over on consumeractiongroup in their business claims forum there is also some discussion on the matter.
    LegalBeagles
  • grey_nomad_27
    grey_nomad_27 Posts: 10 Forumite
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    Hi - yes already stayed and was waiting on judgement being made ! - The letter came through on the 23rd and I have 14 days to reply. Will look at the other forums. Do I contend the application with a letter to Barclays and request the retension of the stay with a letter to Court ?
    Many thanks
  • grey_nomad_27
    grey_nomad_27 Posts: 10 Forumite
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    Pardon my ignorance - where do I find the oft forum please ?
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    Yes, write to Barclays and tell them that your case is currently stayed by the court and you expect it to remain so until the test case is finallised. That you dispute the matters read across to Barclays Business Account and ask them to disclose the judgment in the case in Salford and the matters they intend to rely on. We've just started working on template letters which we should get up tonight if you want to hang on a bit. http://www.legalbeagles.info/forums/showthread.php?t=16800 is where anything will go but of course there will be discussions and tactics discussed on CAG and here too.

    Theres no evidence in any of the info/order they have sent regarding the Salford case and as it would be a county court claim it could only be persuasive, and isnt precedent setting.

    The letter is a blatant scare tactic. however it has to be the individual claimants choice whether they want to take Barclays word or risk going forward with the claim.
    LegalBeagles
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
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    grey_nomad_27 wrote: »
    Pardon my ignorance - where do I find the oft forum please ?
    Apologies its on another site.
    http://www.legalbeagles.info/forums/showthread.php?t=16800
    Esmerralda(never spell her username right here) is Amethyst and I am well, the same on that forum.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    You aren't well at all babe xxx
    LegalBeagles
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