Reclaim Unfair Bank Charges Discussion Area

Twinkly

Matt77 wrote: »

Edna, im new to all of this, i have case in my local court against barclays, its for £1600.00 they hav'nt put in a counter claim but are trying to get it struck out as they say there is not enough information in the original claim info, (you are only limited to a small amount on the mcol site) to be fair all of the way down the line with this bank i have been amazed at how shoddily they treat customers, i am due to see them in court on the 10th april but having just recieved the letter from the court with their response they are using rather aggressive language threatening to pursue the claim if it goes against them etc, is this par for the course, as it just makes me more determined to see them in court and get my money back, p.s whilst they are doing this they are still applying charges to my account. I would appreciate your opinion.
ta matt

As with the post by Jackswan. I think its hilarious and quite frankly, smacks of sheer desperation to stem the tide of reclaiming.

shoe_2

Please advice...
i applied for refund for credit card charges they offred me less than half i was asking...i telephoned and written to say i would accept a third they would not budge..so appled via MCOL they was issued with the info via MCOL i have just got a copy of thier response they have said they are defending all the claim now...ho god have i done right??? what usually happens from here please advice required.xxthanks

Twinkly

shoe wrote: »

Please advice...
i applied for refund for credit card charges they offred me less than half i was asking...i telephoned and written to say i would accept a third they would not budge..so appled via MCOL they was issued with the info via MCOL i have just got a copy of thier response they have said they are defending all the claim now...ho god have i done right??? what usually happens from here please advice required.xxthanks

Firstly dont worry, stay calm and approach it methodically

They have notified of intent to defend and dont always follow through on this. If they do you will receive a court Allocation Questionnaire and there is lots of advice on how to proceed in the Reclaim Bank Charges Help thread here:

http://forums.moneysavingexpert.com/showthread.html?t=400981

If they dont defend you win by default. My advice is to see what happens in the next 14 days, this is how long they are allowed to file defence, and gather as much information as you can to build your confidence a bit. Good luck

Jackswan_2

Jackswan wrote: »

Barclays Bank plc (Barclaycard)

Just received notification grom Northampton County Court that my claim has been transferred to my local Court. Attached was a form N24 General form of Judgement or order it states.

Between xxxxxxx
and Barclays Bank plc
Court of transfer xxxxxxxx
Before District Judge Murdoch sitting at Northampton County Court.

Without hearing....IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case
unless the Distreict Judge at the court of transfer orders otherwise.

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have
it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

Any thoughts as to what all this means please ??

The defence is standard Barclays, my claim is for late payment charges on my credit card from some years back, yet the defence talks about unauthorised borrowings, going overdrawn on the excess balance, paid referral fees etc., The charges are lawful because of going into unauthorised
overdraft, or, failure to make payments to bring the account back into credit.
The Defendant has suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft.
Accordingly, in the event that the defendant is unable to rely on its express
entitlement to enforce the charges, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

Comments anyone ??

I have to reply to myself here, I did receive an Allocation Questionnaire to complete and return by the 7th April. Strange then that I receive the papers as described above this morning. Not sure what is going on.

shoe_2

Twinkly wrote: »

Firstly dont worry, stay clam and approach it methodically

They have notified of intent to defend and dont always follow through on this. If they do you will receive a court Allocation Questionnaire and there is lots of advice on how to proceed in the Reclaim Bank Charges Help thread here:

http://forums.moneysavingexpert.com/showthread.html?t=400981

If they dont defend you win by default. My advice is to see what happens in the next 14 days, this is how long they are allowed to file defence, and gather as much information as you can to build your confidence a bit. Good luck

Thanks you always give me good advice, i will try and be positive..do they not have 28 days to prepare thier defence or is it 14? what kind of info should i be gathering ? thanks

Jackswan_2

Twinkly wrote: »

As with the post by Jackswan. I think its hilarious and quite frankly, smacks of sheer desperation to stem the tide of reclaiming.

The defence issued by the bank seems standard, my claim is against Barclaycard for late payment fees, nothing to do with unauthorised overdraft.
The defence bears no relation to the claim I am making.

Twinkly

Jackswan wrote: »

I have to reply to myself here, I did receive an Allocation Questionnaire to complete and return by the 7th April. Strange then that I receive the papers as described above this morning. Not sure what is going on.

Hmm. Very basically it looks as though the Allocation Questionnaire isnt regarded as neccessary and they are just advising you of this. Thats my interpretation, may not be right You can wait and see if anyone can be exact about it or ring the local court and explain and ask them for help. This is what I would do in the meantime. Hope that helps

Twinkly

Jackswan wrote: »

The defence issued by the bank seems standard, my claim is against Barclaycard for late payment fees, nothing to do with unauthorised overdraft.
The defence bears no relation to the claim I am making.

A defence designed to intimidate AND insult the intelligence of the claimant. Lovely. You have got to laugh havent you :rotfl:

PAWI69

I've just had an email from someone asking me....

"I think I have won my case against the bank ... I raised the court action , and it has been accepted ..court says they have sent the bank a (order) ......... How long should I wait until the bank sends the money back to me ..or until I do the bailiff thing ??
Hope you can help.................thank you".........

Trouble is, I can't help but can someone on here advise so I can reply please?

N.B. I see the person has asked this board before (No4640), if anyone can take the time to go back & read the post & hopefully answer it, I'd be very grateful. Thanks in advance.

Twinkly

shoe wrote: »

Thanks you always give me good advice, i will try and be positive..do they not have 28 days to prepare thier defence or is it 14? what kind of info should i be gathering ? thanks

Sorry you are correct i wasnt very exact there, I do apologies. They have 14 days in which to notify an intent to defend and a further 14 days to actually defend so making 28 days altogether.

You need as much information on the court process as possible. Each case varies as to exact experience but the timetables dont vary. As mentioned previously if they defend you will be sent an Allocation Questionnaire to complete and the help to do fill it in is in the Reclaim Bank Charges Help thread repeated here for continuity of information:

http://forums.moneysavingexpert.com/showthread.html?t=400981

From there it should be straightforward as claim and defence are filed and it is ready for a court hearing date to be set.

As you can see though sometimes there are additional things as we see posted in this thread today to consider and I cannot advise fully on such things I dont have the experience. I advise lots of reading on the court process but you can do this as and when the need arises or beforehand. I dont want to scare you silly unneccessarily I just wanted to advise you to be aware of the court process.