sharonandstephen vs Barclays

[sharonandstephen]

This is my first post, so Hello all. Fantastic site you have here!

I thought i'd just post where we are up to so far :-

We've posted our first letter asking for 6 yrs of bank statements and sent a cheque for £10. we received these statements back (exactly 40 days later!) with our cheque and a polite letter saying that theres no charge.

16th April - Sent 2nd letter claiming back £2315, asking for response within 14 days.

19th April - received letter from barclays saying that they have received my request. they'll try and answer within 14 days but cant promise. will try within 4 weeks, and if not, then will resolve within 8 weeks!

Firstly, i have to say a big thank you to everyone on here really. I started to claim these fees back because the missus had heard about it on gmtv, but i was less than optimistic. Having read through some of the many postings on here has given me some real confidence that, in fact, we might actually get this money back after all!!

couple of quick questions if i may (well, confirmation really):-

1. The timescales - when you say 14 days for this, 40 days for that, I assume this is consecutive days, not just working days?

2. I'm assuming i still write the next letter after 14 days, and don't wait the 4 weeks/ 8 weeks they are quoting?

Thanks in advance for any help offered!

[saintly_1]

You stick to your timescale NOT B's ..... 14 consecutive days .... but allow a couple of days for B's to receive the letter

[why!!!!!!]

Hi and welcome,
it is consecutive days and yes stick to your timescales and not theirs.
Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment
claire

[sharonandstephen]

Thanks for clearing that up!

okay, update then :-

02/05/07 - sent my LBA letter off today, recorded delivery. Lets see what they come back with.....!!

[sharonandstephen]

Hmmm...ok, well barclays received my LBA on 3rd May according to Royal Mail, so 14 days will be up tomorrow (Friday if you allow for bank holiday) and still haven't heard anything. was at least hoping for an offer of sorts!

Getting a tad nervous now. I'll allow until Friday, then start my claim online, but all of a sudden it feels more serious if you get my drift.

Just thought i'd keep you updated, anyway

[ChloeJane]

Hi there,

Yes it is a tad more serious now as you are now taking the next step to what is a civil action in the courts against the bank for the money to be returned.

This sounds daunting but is not if you follow all that are contained within the pages here and templates to ensure you get it right.

It is well worth knowing which way to file, do you have to pay fees and generally preferred ways.

I personally believe in the N1!

INFORMATION ON FILING IN COURT

Fees

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

http://www.hmcourts-service.gov.uk/H...fl ets_id=172


Money claim online - OFFERS NO FEE EXEMPTION
5. Money Claim On-Line (MCOL) Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html


N1 at your local court. Preferred - fee exemption allowed.
4. Particulars of claim - N1 - hard copy version

Reading the above and having informed choices so your confident and know what suits you is why I have added the information, so you can ask questions till the waiting time for a reply to the letter is up.

Happy reading and all the best with your claim!

CJ

[sharonandstephen]

Thanks for that ChloeJane .

I've been through the notes relating to the Mcol and N1, and just want to check something...

... not sure if i've done a boo boo here, but when i sent my LBA i stated what i was claiming for, included my bank statements highlighting the charges, and said that i would also claim back interest up to the date of Judgement. However, i didn't actually send them the interest breakdown spreadsheet for the interest. Have i done a wrong un, or will that suffice as long as i actually state the interest amount when applying to the court?

[sharonandstephen]

Well, thats it, times up. I've checked the post today, and still no response, so I have filled in the N1, and it will be in tonights post!!

to be honest, and i hate to admit it, if they had come back with a half decent offer, we would have been very tempted to take it, god knows we could use the money right now.
But no reply, so thats got my back up and now i say sod it, i'll have the lot!

total claimed with interest and court fees - £ 2895!

[dar£n]

when i sent my LBA i included my bank statements highlighting the charges,

Ermmm, you didnt send the original statements did you?

i didn't actually send them the interest breakdown

Interest calculations doesnt get added until you file for court action.

Once you have started proceedings, resend an updated copy of your SOC's to both parties [recorded delivery]

[sharonandstephen]

Thanks for replying, dar£n. Glad you said that!

I sent out highlighted photocopies, never the originals - made that mistake once before, never again!

I'm an impatient sod, i'm afraid, so i actually phoned the bank yesterday, 'as i was expecting a reply by today in relation to bank charges'.
I was told over the phone that 'a letter has been posted today' basically offering £1735. As i was about to post my N1, I thought it best to give a quick call to avoid any crossover, so I should receive the letter today, and i'll have a look at the t&c's and reply with one of the refusal letters if required.

Out of interest, has anyone had any experience of making counter offers? should these only ever be made in writing, or can you do this over the phone, as it hasn't reached a legal team yet? I only ask, as i can be quite confident on the phone when required.(will remember to use the phrase without prejudice!)

I know some might say that i should stick it out and go all the way so to speak, but everyones personal situation is different. Personally speaking, the sum of money in question could do a lot of good right now.

Any advice welcomed, as always.

[dar£n]

As you say, it is a question of personal preferences, some people see the offer as 'well didnt have it before and was unaware of it so its a bonus'
others
need the cash as soon as poss to help out with other financial matters.

The choice is yours.
The amount you are requesting at the moment is charges only, interest gets added to that amount when it goes to court so it will be greatly increased,
you have to find £120 approx to start the proceedings and possibly £100 for the AQ [even if dispensed with]. Also, You MUST be prepared to face them in the court if necessary,

All things considered, its you that makes the choice, no-one on here will think anything bad about you for taking the money now.

If you start proceedings now, you are probably looking at finalising in Sept or thereabouts.

[sharonandstephen]

Thanks Dar£n, that helps to put things into perspective