Advice needed about letter from Barclays RE Reclaiming Charges

nickbristol

I Just wanted to get some advice about a re-claiming case brought against Barclays, which did not really go to plan!
I started the procedure in Jan 2007 aiming to claim around £790 back from charges, and sent the set letters etc, I even received an offer back for £450. However spurred on by the apparent success of so many claimers I refused the offer and lodged a claim with the court. Again I used the set letters and case summary and received court date on the 16 July 2007. I was advised that as I had submitted my court bundle etc that I would not have to attend, and sent a letter confirming that I would not be at the hearing. However a few days after the hearing date, I received a letter from the court advising me that my case had been dismissed due to neither party attending.
All of this came to a head just as the freeze on claims happened later on in the same month, so I really just gave up hope at this point and grew tired of the increasingly complex legal argument going on.
However, just this week I received a letter from Barclays, which in a nutshell explains that they have won and if they don’t hear anything from me in eight weeks then they will assume that the case is closed.
So there it is, the slightly confusing and fairly annoying attempt to reclaim £790. Since receiving the letter I have been doing some research on the Martin Lewis site regarding taking the case to the ombudsman, is this something that I am able to do? What would be your opinion on the next step?
Any pointers would be gratefully received, as this latest letter has once again ignited my determination to claw back my hard earned cash from the profits of Barclay's!

esmerellda

who advised you that you should not attend ?

If the case has been dismissed you may not be able to go to the ombudsman, give them a call and ask.

nickbristol

I called the court and they advised me that the case could be heard in my absence. I was under the impression that the defendant would usually back down before the hearing? Will get in touch with the ombudsman and see what they have to say.

natweststaffmember

nickbristol wrote: »

I called the court and they advised me that the case could be heard in my absence. I was under the impression that the defendant would usually back down before the hearing? Will get in touch with the ombudsman and see what they have to say.

I am quite surprised by your post. Post 2 is clear. If your case is dismissed then that's it and you have no case with the ombudsman. You have to be prepared to go to court and not just assume they will pay out. You have lost your case and therefore your charges you have claimed unless you can overturn the dismissal.

milly88

or more prefferably start again put in a new claim, with a revised POC taking into account the recent banks test case win at the Supreme Couts.

But it is untried at this time and you would need to find a good legal arugment and certainly you should not use a templated POC it should be mpre personalised. Even more important you should attend court and be ready to come up against a Barrister. It will not be a walk in the park imho.