Crash V Barclays *** WON ***

crashbandicoot · 19th August 2006, 23:29

After reading through everything I should have on this site (I hope), I spent most of today looking through my filing. I have most of my statements going back to as far as 1997. Some are missing but I will request those in a S.A.R - (Subject Access Request) to Barclays as of Monday. From Jan 98 to Jun 91 my bank charges and interest are over £250 and that's just one account. I'm a bit confused about the interest as I've literally noted down what I was charged in the same statement but will work the breakdown out at a later stage.

I've had a play around with the Complex Bank S/S but for some reason even if I put in all the figures, it doesn't work out my interest...any ideas on what I may be doing wrong? And is this s/s what I need to send initially with my prelim Letter Approach for Repayment?

Thanks for such a fab forum and hats off to all the contributors!

Crash

Michael Browne · 19th August 2006, 23:45

You can only claim for the last 6 years ie from Aug 2000 to now. One or two people are claiming further back, but this is, as yet, untested ground.

For schedule of charges, use the simple spreadsheet, but delete the last two columns (8% interest bits)before printing out.

crashbandicoot · 20th August 2006, 14:23

Thanks, will do!

crashbandicoot · 30th August 2006, 12:36

Ok, received standard response from Peter Townsend @ Barclays, with microfiche rollox for 1999-2000. They also sent both hubby and my the letters to my property (previous) address which should have only been for my hubby's closed account (tut!)

As it is, 2000 is the only year I have some missing statements for in the p/work I have kept, so I will be estimating my charges for then. I still need post-2004 stuff so will await the statements arrival.

Thing is I am soooo tempted to try and reclaim from 1998 because those were the couple of years when I was stung the most. My claim isn't huge though, probably £300? And now that B/C are getting a huge influx of claims, I suspect they will have an argument ready for the 6 yr issue already.

Any thoughts anyone?

Crash

crashbandicoot · 7th September 2006, 00:56

I called Barclays today to ask them when I'd opened this account and they have advised it was in Oct 93. I asked them about the possibility of getting hold of statements from then as a recent request (my S.A.R - (Subject Access Request)) got me a response from Barclays in which they say they probably won't be able to give me anything prior to 2000 (microfiche rollox). I explained that Barclays response was a bit unclear, and can I get hold of the info prior to then, and if so how?

The lady was extremely helpful and advised that she can order those statements for me, which she has done for an additional £5 (I've paid this now but will reclaim this too!) but she did say any info prior to 12 years will have been destroyed so she can only give me statements from Jan 1994. Good enough for me... now awaiting a ton of statements in eager anticipation. So contrary to their excuses they can get hold of older info easily, although you do have to give up an additional fiver for the agro

crashbandicoot · 14th September 2006, 12:24

Received full statements for my account from 08 Dec 93 to date (account opened Oct 93) as promised, in the form of Microfiche copies, and entries reports. Will go through it all with a highlighter to check on all charges. Very exciting! So glad I manged to get this all with mimimal hassle.

crashbandicoot · 19th September 2006, 16:15

Still not received hubby's statements, but have fired off prelim to Barclays via recorded dely. for my account today. £285 in charges (from 1997) and £1561.51 in compounded interest

crashbandicoot · 28th September 2006, 14:19

Just updating: Received letter from Barclays saying 'sorry, blah blah...looking into it...blah blah...whilst we endeavour to respond to you within timescales outlined in your letter (my 14 day notice prior to LBA) we cannot guarantee that we will do so, blah blah..full report in 8 weeks.'

Looks like the bog standard letter with in bit in to cover themselves over lengthier responses. My LBA will go off after 14 days nonetheless.

crashbandicoot · 2nd October 2006, 17:14

Ok Barclays have played ball so far on my account, but haven't sent hubby's statements, and the 40 days are over. Non-Compliance going today for his account.

crashbandicoot · 2nd November 2006, 14:17

At some point just after the 40 days they sent OH a note to say 'pick up docs from branch' which he did, so his LBA included latest figures. Fired that off on the 23rd.

They offered me £100 which I ignored and filed N1 form yesterday for almost £2200;

Sent same offer of £100 to OH today for which a rejection is going out of the door today. They seem to be really dragging it out so am happy to sit and wait.

crashbandicoot · 21st November 2006, 18:31

Given my small (but significant to me) first win against Barclaycard, I've called them up to ask them to settle my Bank claim. They said they can't so I've emailed them this:

Dear Temilope (Fatogun),

Further to my conversation with you earlier, I will be sending you the letter accepting your full settlement payment for my Claim Ref: xxxxxx for £134.39 without any terms attached. I will inform the court that the claim is discontinued, once I have received payment from you.

May I also bring to your attention my other court claim with you: Ref: xxxxxx, issued at Aylesbury County Court, for £2195.77 plus court costs and daily interest until the date of judgment or when the case is settled. I also mentioned this claim in my conversation to you as it was deemed served on 04 November 2006.

I would like to remind you that the court and indeed I, do not wish to have our time wasted by needless delays and insufficient offers. I will be taking this claim all the way to court, and you will have seen from the documents you received in support of my Barclaycard claim for my hearing, that I have not entered into this claim lightly either. You will be receiving a similar bundle should the case be issued with a hearing date.

I am well aware that you have been settling such claims before they reach a hearing, purely because, as you put it, you 'recognise the sum that is at issue between us is relatively modest and as such, is not cost effective for either party to take this matter to trial'.

With this in mind I would ask you to consider settling my Barclays Bank claim swiftly to avoid unncessary to-ing and fro-ing, for the sake of fulfilling protocol in your department, which will ultimately end up in you offering to settle before the hearing is through anyway.

I would ask you to consider this option very carefully. If you settle this claim within the next 7 days, I am willing to waive the daily accruing interest which is mounting as we speak.

Otherwise I will, and hope, to see you in court.

Yours sincerely,

Mrs Crash

cc: Aylesbury County Court

Let's hope it makes some waves

crashbandicoot · 4th December 2006, 22:57

Called them today to say what's happening as I could have filed for judgment on you on the 3rd...they've filed a defence on the 2nd..haha!

Asked Barclays to fax me a copy, which they haven't as yet, but not to worry, I can't wait to send them a gazillion paged court bundle which will no doubt prompt them to settle around when/before a hearing date is given.

rhonadanny · 4th December 2006, 23:33

it nice to know theres light at the end of the tunnel. i will be keeping an eye on how your doing.

crashbandicoot · 15th December 2006, 12:03

Received AQ and pile of tosh defence (usual rubbish, denial, denial, limitations clause, contradictory info) on the 7th...held back sending the AQ until payday...fired the AQ off yesterday, so it's just more waiting now. I am just waiting for a hearing date now, then I'll call them to settle out of court, which they may well do, otherwise we'll just see.

crashbandicoot · 3rd January 2007, 15:16

Called the courts today to find out what was happening. Barclays haven't sent in their AQ, so the claim is now before a judge. I rung Barclays to find out what they're up to and spoke to Temi again. She said she's sure it's been sent, but just not reached them...and yes, they posted the AQ on the 27th. I said fine, and that I'd be in contact again, once a court date is issued.

crashbandicoot · 17th January 2007, 12:44

Court date received for 21st Feb, for half hour hearing. I know it's early days but rung Temi back anyway...she laughed when I told her who I was/claim number as she probably knows who I am by now (!) I said I've now received the court date, have you? She said probably, but its not been updated. I simply asked 'are you in a position to settle in full yet?' She said 'you probably know the process by now, we have to verify the charges to see if they add up. If they do/don't we'll still be in touch'. So I said, 'ok we wait then'. She took my mobile number and that was it.

I knew that would be the case but there's nothing like an early morning shake up call

Lizzy · 7th February 2007, 15:47

Hi Crash any update ? I too have a court date with them on the 21st Feb. I have sent my bundle in and I think they have until today to submit theirs to the courts (and us) do you know of anyone who has actually received a bundle from them ?

They have ignored all my letters and not returned the two phone calls I have made. Might give them another call on Monday if nothing arrives or should I just sit tight? What are you going to do ?

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