Phil versus Barclays ***WON***

perez30 · 8th August 2006, 01:27

After reading this website I decided to try and hit Barclays where it hurts and get my money back. So far...

* Wrote to the bank on 22/07 requesting info on fees and charges for the past 6 years.

* Received a reply on 1/08 which not only included all of the data requested, but they also kindly returned my £10 cheque with a note to say that "this service is provided free of charge".

* Will post the next letter in the morning (09/08/06) requesting a reimbursement of £1.745.93 (includes £245.93 interest).

Fingers crossed all goes well. I'll keep you posted on my progress.

Great website guys.
Phil

Nightstar · 8th August 2006, 07:31

welcome matey, and good luck

4kidsat147 · 8th August 2006, 10:36

Good Luck with your claim

BTW what is the interest your claiming? If it's the 8% then that can't be added until it goes to court....

perez30 · 9th August 2006, 12:12

4kidsat147,

This is the interest on penalties as calculated by the charges spreadsheet. I hope it's right to include this at this point?

Thanks, Phil

4kidsat147 · 9th August 2006, 13:02

Ahh then no you can't include that.....not until it goes to court.

All you CAN include at this point is overdraught interest charges caused soley by the penelties....

Clear as mud?

perez30 · 10th August 2006, 13:56

Just to clarify as I think there's some confusion here: I'm referring to interest on penalties which is on the 'charges and interest' sheet and not the 8% interest. I hope this is right as I don't want to give them any opportunity to delay.

This morning I received a letter telling me that my request has been forwarded to Head Office and I will receive a response before 5 September. This is 28 days after I delivered the letter.

Would you advise to wait for the reply or to push for a more speedy response?

Thanks

4kidsat147 · 10th August 2006, 16:55

As far as I know then yea the interest on charges is calculated....well done you for working out which related to charges and which was normal for the overdraft, I couldn't be bothered.

As for waiting for their responce - nope, it's your timeline to work to - not theirs.

perez30 · 2nd September 2006, 18:00

Hi all,

This morning I received a reply from a customer relations manager, Rose Frimet, who offered me £640 as a gesture of goodwill.

I'll summarise the letter as it's quite long:

"May I say how sorry I am to learn you feel the bank charges you have incurred are unfair." "...we disagree with your view." "When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relating to the use of their account...". "Despite my comments above in relation to your views, and without any admissions of liability, I am willing to offer the sum of £640 towards to the total amount you are seeking."

So they're trying to offer me about 40% of my claim but I'm not going to budge.

I'm going to send out an LBA on Monday rejecting their offer and giving 14 days for full payment. The reason for rejecting the offer outright is because from reading the responses of other claimants who have replied "I will accept your offer but not as full settlement and I will continue to pursue my claim" – this only seems to delay the process as Barclays seem to regularly deny the request and they simply repeat their original position.

I'd appreciate any thoughts or opinions on this as I have until Monday before I post the letter.

Many Thanks,
Phil

Spotted Dog · 2nd September 2006, 23:07

Send the modified LBA with the thanks but no thanks changes in it. It won't delay things. THe LBA gives them 14days to reflect or you take them to Court. You will take them to Court in 14 days - unless they pay up in full - which they wont.

Spotty

perez30 · 3rd September 2006, 22:16

Thanks for the advice Spotty.

I've amended the LBA to inform Barclays that I reject their offer and have given them 14 days to comply with my request for full repayment.

I'll keep you posted.

Thanks again for the help.

Phil

perez30 · 25th September 2006, 16:24

I'm currently completing the online form at moneyclaim and would really appreciate some advice as I'm struggling with this one.

The details of my claim:
* Cumulative Penalties charged - 1,530.00
* Interest on penalties - 250.87
* 8% on interest - 399.20
* 8% on interest on penalties - 37.37

In the particulars of claim, is the interest I'm claiming (under section 69 of the county court act) 250.87? Is the daily rate £0.34 (1530 / 0.00022)? And finally is the Total Amount Claimed £1530??

I've had a good look around the site and have only managed to further confuse myself so any help is appreciated!

Thanks, Phil

victimnomore · 25th September 2006, 19:19

Value of claim is 1,780.87 (penalty charges plus interest charges)

Amount claimed is 2,217.44 (penalty charges plus interest charges plus 436.57 statutory 8% interest on all charges)

Daily Rate is 0.39 (1780.87 x 0.00022)

perez30 · 26th September 2006, 18:58

Thanks victimnomore,

The help is really appreciated. This is completely unknown territory for me so your advice is priceless.

Thanks

perez30 · 29th September 2006, 11:07

Money Claim submitted online - 29/09. Fingers crossed.

perez30 · 16th October 2006, 20:39

Well Barclays had until the 18th October to reply and although I haven't received any notification by post it says that the claim has been acknowledged on 16/10/2006 and that they now have 28 days to reply.

I'm uncertain about the Judgement though, when I click on 'start', should I choose:

The defendant has not filed an admission or defence to my claim

or

The defendant admits that all the money is owed

I'd guess that, although I've received no direct notification, I shouldn't choose either as they've now 'acknowledged' my claim.

I’d like to be 100% sure of what I’m doing so I’d appreciate if someone with experience could help.

Thanks

Welshman · 16th October 2006, 21:53

If they had until the 18th of October to acknowledge, then you will have filed 19 days before that. The court allow 5 days after filing before it is deemed to have been served on the Bank. Then they have 14 days to acknowledge. By acknowledging, they then have a further 14 days to submit a defence. That's a total of 33 days from date of filing. I make it that they have until the 1st of November 2006 to defend.

Hope that clarifies it for you.

perez30 · 16th October 2006, 22:44

Welshman,

That clarifies perfectly and it all makes sense now.

Thanks very much for helping.

perez30 · 1st November 2006, 11:51

Bugger, Barclays only went and filed a defence yesterday.

Received the AQ this morning which I've just completed and will hand over to the court in person this afternoon.

The case continues...

Welshman · 1st November 2006, 12:37

When I dropped in my AQ, I also included a copy of my schedule of charges plus the 8%. Barclays used up all their time before returning theirs.

They are so frustrating - but Barclays, if you are reading these threads, I ain't goin anywhere. I'm seeing this through to the end.!

perez30 · 1st November 2006, 17:30

Unfortunately I missed Welshman's message and I've now delivered the AQ. Does it matter that I didn't include the schedule of charges???

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