We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
I went to court today!
Options
showmethemoney!_2
Posts: 33 Forumite
Hello All
I went to court today against Barclays. I have followed each of the steps through as guided by the site, I was offered £300 initially but rejected it as my claim was for £800. I was always hoping that a better offer would come through but nothing arrived in the post on Saturday so off I went to court today. I felt confident as I am not the defendant, nothing was going to happen to me and the worse thing that the bank can do to me is close my account and as suggested I have opened another one ready.
So I arrived for my 10.30am hearing on my own and was surprised to read that for court 6 that I was due to go into that there were 10 other claimants ready to do exactly the same thing, 3 had brought a legal person, maybe there cases were larger I do not know but 3 of us went for it alone, 4 did not show, maybe the occasion was too much for them. The cases were against Barclays as well as others, no banks turned up to any, we all went into the court and each had our turn.
The facts were there, heres my bank statements, this what they have taken, I agree that I have not looked after my account, that I do not disagree with, but I used Martins words and said that the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount and I was awarded my £800 there abouts as I had paid £80 in fees to the court. They were pleasing words to my ears when he said I find the judgement in your favour, the verdict will come in writing, I will write to my bank giving them 7 days to pay and if they do not I will instruct bailiffs to get the money back for me. The judge said I would probably have to get the bailiffs in.
The judge seemed fair and obviously been through this many times previously, so do not worry, go for it, I went to work for 8.30am left at 9.45am saying I had a appointment and would be back asap, my court hearing was for 10.30am and I was finished by 11am and that was with 2 people being seen before me, I left and was back at work for 11.30am with no one any the wiser of my adventures.
You really have nothing to lose. This sight has been marvelous as whenever I felt in doubt I would return and read some useful fact and see that someone has already been there and done it.
I went to court today against Barclays. I have followed each of the steps through as guided by the site, I was offered £300 initially but rejected it as my claim was for £800. I was always hoping that a better offer would come through but nothing arrived in the post on Saturday so off I went to court today. I felt confident as I am not the defendant, nothing was going to happen to me and the worse thing that the bank can do to me is close my account and as suggested I have opened another one ready.
So I arrived for my 10.30am hearing on my own and was surprised to read that for court 6 that I was due to go into that there were 10 other claimants ready to do exactly the same thing, 3 had brought a legal person, maybe there cases were larger I do not know but 3 of us went for it alone, 4 did not show, maybe the occasion was too much for them. The cases were against Barclays as well as others, no banks turned up to any, we all went into the court and each had our turn.
The facts were there, heres my bank statements, this what they have taken, I agree that I have not looked after my account, that I do not disagree with, but I used Martins words and said that the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount and I was awarded my £800 there abouts as I had paid £80 in fees to the court. They were pleasing words to my ears when he said I find the judgement in your favour, the verdict will come in writing, I will write to my bank giving them 7 days to pay and if they do not I will instruct bailiffs to get the money back for me. The judge said I would probably have to get the bailiffs in.
The judge seemed fair and obviously been through this many times previously, so do not worry, go for it, I went to work for 8.30am left at 9.45am saying I had a appointment and would be back asap, my court hearing was for 10.30am and I was finished by 11am and that was with 2 people being seen before me, I left and was back at work for 11.30am with no one any the wiser of my adventures.
You really have nothing to lose. This sight has been marvelous as whenever I felt in doubt I would return and read some useful fact and see that someone has already been there and done it.
0
Comments
-
wow, reading your post has made me feel so much better.
Natwest have decided not to offer me a settlement and have already issued a defence. i am at the allocation questionnaire stage and felt ready to give up today.
they made me an offer of £1350 but i refused it as by the time it came through i had already started court proceedings and paid a further £120, so i wrote back and asked for that too as a final settlement.
thanks for posting and explaining how it all works.0 -
showmethemoney! wrote:Hello All
...the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount .
Well done Showmethemoney (I particularly find it amusing you seem to have slipped away from work and then back in again having won a court case!)
I posted my first letter today so am at the first stage and have literally just now been calculating on my spreadsheet, the total charges minus a figure of what I thought could be a 'fair charge'. I concluded £2.50 would be the maximum and if the bank comes back with any offer (here's hoping) I would be prepared to deduct £2.50 off each charge I am claiming for.
I find it very reassuring that a Judge has stated he thinks this is reasonable.0 -
Good Luck - remember you've got nothing to lose as they've aleady taken it!! Yes I did a dash during work
, a womans work is never done, after finishing work at 5pm I collected the shopping from the supermarket and came home and cooked my family their dinner, took the dog to the vets for 7pm as he was being sick and now Im enjoying my evening with a well deserved glass of red wine :beer: 0 -
well done lets hope Barclays see that not only the judge but everyone in this forum is behind you. Especially thanks to Martin and his team. I'm sure you can smell your money:j0
-
:T Well done you ! :T£2 Coins Savings Club 2012 is £4
.............................NCFC member No: 00005.........
......................................................................TCNC member No: 00008
NPFM 210 -
well done just taking barclays to court asked for £ 3700 been offered £ 1000
i refused not heard anything so now going to court0 -
Good On You, All My First Letters Sent Off Today.0
-
Done the whole request for charges totalling about £1500 talked to HSBC today as not had a answer said an offer is in the post today will get it tomorrow will keep you posted on what they offer me!!0
-
Question for any legal expertsshowmethemoney! wrote:Hello All
The facts were there, heres my bank statements, this what they have taken, I agree that I have not looked after my account, that I do not disagree with, but I used Martins words and said that the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount and I was awarded my £800 there abouts as I had paid £80 in fees to the court. They were pleasing words to my ears when he said I find the judgement in your favour, the verdict will come in writing, .
How could the decision by this particular judge to agree £2.50 would be an appropriate amount to charge, affect other similar cases?0 -
SunshineGirl wrote:Question for any legal experts
How could the decision by this particular judge to agree £2.50 would be an appropriate amount to charge, affect other similar cases?
Not in any way at all in a nutshell. Legal precedents cannot be set in the small claims track.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.2K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.2K Mortgages, Homes & Bills
- 177K Life & Family
- 257.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards