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Case put on hold, now Barclays are claiming against me! Advice needed!
windypops3
Posts: 2 Newbie
Dear all,
Any advice will be most welcome as I am struggling to work out what to do.
My bank charges claim went to court in August and was put on hold pending the OFT test case.
I claimed they owe me £2200 in unfair bank charges. My account is in arrears to £2000 (thanks to a period where they applied 25% interest!). The account is now closed.
I asked the judge to put it in writing to prevent Barclays from taking action against me. He would not do this but assured me they would not do this due to the conditions of the OFT test case.
However, last week I received Court Papers detailing a claim from Barclays against me for this amount.
Am in desperate need for some advice as have to return court papers next week!
Any advice will be most welcome as I am struggling to work out what to do.
My bank charges claim went to court in August and was put on hold pending the OFT test case.
I claimed they owe me £2200 in unfair bank charges. My account is in arrears to £2000 (thanks to a period where they applied 25% interest!). The account is now closed.
I asked the judge to put it in writing to prevent Barclays from taking action against me. He would not do this but assured me they would not do this due to the conditions of the OFT test case.
However, last week I received Court Papers detailing a claim from Barclays against me for this amount.
Am in desperate need for some advice as have to return court papers next week!
0
Comments
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windypops3 wrote: »Dear all,
Any advice will be most welcome as I am struggling to work out what to do.
My bank charges claim went to court in August and was put on hold pending the OFT test case.
I claimed they owe me £2200 in unfair bank charges. My account is in arrears to £2000 (thanks to a period where they applied 25% interest!). The account is now closed.
I asked the judge to put it in writing to prevent Barclays from taking action against me. He would not do this but assured me they would not do this due to the conditions of the OFT test case.
However, last week I received Court Papers detailing a claim from Barclays against me for this amount.
Am in desperate need for some advice as have to return court papers next week!
Return the compliment and have the case stayed. Alternatively apply to have it struck out as an abuse of process on the basis that they could and should have counterclaimed on your claim.As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person0 -
Thanks Stokey,
Should I just Defend the entire amount and enter into the "Defence" section my reasoning for the case to be struck out ie. include details of my claim number etc and point out it has been stayed pending the OFT test case.
The thing is though, they are continuing to add 8% to the amount they are claiming agianst me. I assume then that I can continue to add8% they owe me until the outcome of the test case.
The problem is that if the test case goes against us then I am in more debt to Barclays than if I was to lose now. If the test case goes our way then I make no extra money because we both are adding the same interest.
I was thinking it would be better to pay off the amount to Barclays and let the interest add up on my claim until all is resolved in the High Court.
Your comments would be most welcome.0 -
windypops3 wrote: »Thanks Stokey,
Should I just Defend the entire amount and enter into the "Defence" section my reasoning for the case to be struck out ie. include details of my claim number etc and point out it has been stayed pending the OFT test case.
The thing is though, they are continuing to add 8% to the amount they are claiming agianst me. I assume then that I can continue to add8% they owe me until the outcome of the test case.
The problem is that if the test case goes against us then I am in more debt to Barclays than if I was to lose now. If the test case goes our way then I make no extra money because we both are adding the same interest.
I was thinking it would be better to pay off the amount to Barclays and let the interest add up on my claim until all is resolved in the High Court.
Your comments would be most welcome.
Instead of filing a defence put in an application to strike out the claim as an abuse. If the application succeeds then they will have to either wait until the test case is over before chasing you or apply to lift the stay so they could ammend their defence to add a counterclaim,As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person0
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