Barry031261 v Barclaycard ***SETTLED IN FULL***

[Barry031261]

Hi All.

Great Site, Keep up the fight!

I sent my claim to barclaycard for £400.00 recorded delivery on 25.03.06.
Today, 29.03.06 had a call from Customer Services (a very nervous sounding chap) who explained that their legal department had looked into my claim and had decided that I had no grounds for re-payment of fee etc. He offered a "Goodwill Gesture" of £200.00.
I let him waffle for a while about their reasons for this offer and then came the crunch question 'Are you willing to settle for this sum'?
My answer was a definite and positive (not rude) 'NO. I would only settle for the full £400.00 plus interest. Failure to settle by 03.04.06 would result in court proceeding being commenced without any further communication'.
Customer Services guy (very nervous now) uttered that there probably wasn't much more he could say at the moment, and then he was gone!

Getting the banks scared has been the highlight of my year so far!
Bring on the courts!!

Baz.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[richardc]

Hi Baz, well done and welcome to the Forum. Keep us posted.

[Barry031261]

I certainly will.

You will see a lot of me actually cos I'm also claiming against Woolwich Bank, Capital One & halifax.

Barclaycard: £400.00 Letter sent 25.03.06.
Acknowledged 29.03.06. Offered 50% (Declined)

Woolwich: £1700.00 Letter sent 25.03.06.

Capital One: £260.00 Ditto above

Halifax: £325.00 Ditto above

In all cases above I have given them just 7 days to respond.

I enjoy a good fight!

[maestro451]

They got back to you quick, let me know how you get on, I claiming against barclaycard also!

[richgilham7]

Hi,

I'm also trying to claim against Barclaycard, can I ask what address you sent your letter to?
Also they have told me I will have to pay £5 for each statement I request and I need about 30 statements to identify all the charges? (I didn't tell them why I wanted the statements). Is this charge legitimate? How did you get your statements?

Cheers

Rich

[maestro451]

hello, its best to start your own thread because the mods get really upset when you dont....lol

[Barry031261]

Hi Rich,

My letter went to:
Customer Services
PO Box 5592,
Nothampton
NN4 1ZY

I already had all my statements so that wasn't a problem for me. Advice for obtaining these is on this site.

Good luck,

Baz

[Bookworm]

Originally Posted by Barry031261

I certainly will.

You will see a lot of me actually cos I'm also claiming against Woolwich Bank, Capital One & halifax.

Barclaycard: £400.00 Letter sent 25.03.06.
Acknowledged 29.03.06. Offered 50% (Declined)

Woolwich: £1700.00 Letter sent 25.03.06.

Capital One: £260.00 Ditto above

Halifax: £325.00 Ditto above

In all cases above I have given them just 7 days to respond.

I enjoy a good fight!

Good.

Can you start a new thread for each of your cases, please, or it will get really confusing, really quickly, as we try to work out who replied what about what to whom. Thanks.

[Barry031261]

Bookworm,

I have started a new thread for each of these claims.

Apologies for confusion!

Baz

[Tinkerbelle]

Do you have an update for us?

[wolfcub]

Seems BC strategy is to offer half. They did that to me after I sent a letter before action. I settled for the lot! They didnt need much persuading. I told him I was serious and would take them to court. He was really pleasant and I had a letter to confirm the refund the next day!

Good luck!
Wolfy

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Barry031261]

Update.

Filed court papers 28 days ago, which were acknowledged. Since then I have heard nothing.

There time is now up and I will be seeking Judgement from the court on Monday!

Might get a chance to send the bailiff in! Now that would be fun!!

Baz

[Tinkerbelle]

Excellent news!

[Barry031261]

It would appear I spoke to soon!

When I got home on Friday night I had post from the court containing Barclaycards defence. They had left this to the very last minute but had got it into the court on time.

So, looks like they plan to hold out as long as possible before paying me back.

I think it might be wise for me to prepare my case properly in case it does go all the way to court. So any advice on the next phase would be appreciated.

Baz

[Tinkerbelle]

No advice as such - but I do hope you come back and let us know what happens! It seems as though quite a few people have got to your stage and then they vanish into thin air, never to be heard of again :o

They must have been slapped with a MASSIVE gagging order, been paid thousands to keep quiet and forced into witness protection...whatever happens, please get a msg out to us before you disappear into that Barclaycard Abyss!!

Good Luck..

[johnfower]

No updates on here for a while, hows your claim going?

[Barry031261]

Hi all.

A quick update on my claim.

Today I received the Court Hearing date. This is 1st September 2006!
The courts must be so busy now!

Baz

[johnfower]

I really thought theyd of offered you the full amount by now!! Im suprised there going to court over your claim :S

[Barry031261]

Hi all,

Just a quick update. I have just spoken to Keith Jeremiah to confirm that he received the following email that I sent to him:-


Without Prejudice.

Your Ref: xxxxxxxxx, Court Case No. 6SB00430
Barry031261 V Barclaycard

17.06.06

I am writing to you today in the hope that we might be able to agree a settlement on the outstanding case as stated above.

I have no doubt that you are a very busy man at the moment, what with the number of claims for return of penalties you are dealing with at the moment.

But, with reference to my claim, i have looked at your defence as attached to your letter dated 05.05.06*and it is the same as in all of the other cases that I am currently watching on 'the consumer action group' website. I believe that*once you have been to court with one then the result will inevitably follow for all of the others where you have the same defence. (I am aware cases will be dealt with on an individual basis and no precedence can be set but we are all paying very close attention to each others cases.)

I note that one Judge has even made a comment on the allocation questionaire:
"It is difficult to see how the Defendant, absent any witness evidence, could show reasonableness of charges or details of its costs. Surely there will be a witness. This has a bearing on the time estimate for the case."
This gives me, and my fellow claimants, more confidence in our eventual settlement.

I have attached a spreadsheet (Case 6SB00430) which shows the current amount claimed including court fees and interest to date. I have also included a sum of £100.00 for the time taken to prepare my case for court proceedings should it come to that. This is a figure which I am sure the courts would allow following judgement in my favour.

I have also attached another spreadsheet (Additional Fees) which is a breakdown of further penalties that have been taken from my bank account subsequent to my current claim. I will also be looking to have these returned. Ideally, these fees can be dealt with at the same time as the current claim but, failing that, I will immediately be entering a new claim to the County Courts for the return of these monies which will obviously result in further court costs and interest to yourselves which I am keen to help you avoid.

I do hope that this matter can be resolved amicably and that we can both avoid the unpleasant but necessary appearance in court. But I would like to make it clear that I am fully prepared, with the assistance of the 'consumer action group's' support, to proceed to court on the 1st September 2006 if we are unable to resolve this matter now.

I look forward to your response,

Yours Sincerely,


Barry031261

Mr Jeremiah is indeed a nice man to talk to although he is aware that any coversation we had would be posted here. So he wasn't willing to discuss the matter over the phone but did assure me that the case would be looked at and a letter sent to me within the next couple of days.

I can't wait!

Baz

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Barry031261]

Update: 20.07.06

I received a laughable offer 2 weeks ago from Mr Keith Jeramiah of £380.00 (my claim is for £681.00). I telephoned Mr Jeramiah and told him that I found his offer amusing and that I would just let the case proceed to court and he backed down and intimated that he would review the file and if all my claim was substantiated then he would settle it.

Last week I had a Default Notice from Mercers stating that my credit card account was now in default.

Yesterday I received another letter from Keith Jeramiah who stated:

As a result of your case review, it has come to my attention that your Barclaycard account is now closed and currently with Barclaycards Collection Unit to recover the debit balance which currently stands at £*******. It is noted that the last payment received from you was back in March 2006. (This is the time I started Litigation)

With a view to resolving the issues of your claim and the dormant balance of your account, I wish to put forward the following proposal:

A) The Bank to offer £500.00 in full and final settlement of your claim entitled 6 SB 00430
B) The settlement offer is made strictly without any admission of liability on the Banks part
C) The settlement sum of £500.00 to be applied to the debit balance of your Barclaycard account No.***********
D) That you will, with immediate effext, commit yourself to making regular minimum payments in accordance with your account statements. I believe minimum payments will be in the region of £70 per month. Of course this will reduce in line with the overall balance

By applying the settlement sum of £500 to the debit balance of your Barclaycard account, it will bring it back in line with your agreed credit limit of £****. Interest will be applied at the standard rate of 17.9% and no further charges will accrue. To discuss the clearance of your account balance in more detail, please feel free to contact my colleague Colin Murphy on 0161 200 7280. Mr Murphy is in the Barclaycard Customer Relations Department.

If you agree to the terms of this letter, please sign and return the dupliacte copy to me by return. You will need to notify the Salisbury County Courts, by letter, that you have discontinued youur claim against the bank. May I have a copy of your letter to the court when you return a signed copy of this letter to me.

Keith Jeramiah.


Now, I was under the impression that I couldnt be Defaulted whilst I was in Litigation with Barclaycard so have they overstepped the mark and do I have any way to counter this Default?
Am I also within my rights to report this matter to the OFT and/or the banking Ombudsman?
I will not be accepting the latest offer but need to be fully armed with the correct legal information before responding so any advice would be gratefully received.

Baz

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.