Here we go ***WON***

[dickeggsy]

just about to send off my first letter to see how much i have paid in charges,would i send that to my local branch or the data controller in london.
good start eh.

[victimnomore]

Actually a very good start! Too many people tend to jump in without asking about anything that isn't clear - hey, you're already one step ahead of them!!

Send it to the data controller, who strangely enough is not in London:

Barclays Data Protection
Radbroke Hall
Knutsford
Cheshire
WA16 9EU

[dickeggsy]

aghh just posted it to churchill street in london .
oh well.
isn,t it ironic that my brother used to work as a computer programmer for barclays in knutsford.
i bet it's his fault we are all claiming,lol.
thanks for the reply victimnomore, i await a reply from barclays with baited breath.

[victimnomore]

Don't worry. I actually used the HO address myself when I sent in an Subject Access Request, it all worked out in the end!

[LittleHobo]

good luck dickeggsy! i am sending my first two letters off tomorrow, 1 for Barclays and one for RBS!

[bearo]

It doesnt matter what address you use as long as it is a registered address for the bank, it will get redirected internally, which is not your problem if it takes 5 days, 10 days 15 days, they have 40 days to comply.!

[dickeggsy]

hand delivered Subject Access Request on 17 october to local branch.
recieved reply 26 october informing me that copy statements will be sent out soon.
the ball is rolling.

[dickeggsy]

statements arrived this morning (2nd november) and have worked out that they have taken just over £3000 in charges,mainly paid referrals.
i just want to know can i claim back the interest i have been charged and is an unauthorised overdraft fee (£20) the same as a paid referral.
any replies would be greatly appreciated.

[essjaysea]

You can claim back interest that you have been charged as a result of the penalty charges that they have applied to your account, but it can be a bit tricky to work it out exactly.

I dont know whether an "unauthorised overdraft fee" is the same as a "paid referral", but I do know that both are claimable

[dickeggsy]

just a quickie.
sent off my LBA on 20th november and recieved offer of £1000 today (1st december) my total claim being £3888.
i printed off my LBA on the 19th november a sunday intending to send it off monday afternoon because i was working mornings.
got home from work and the wife had sent it recorded delivery,the only problem being i hadn't signed or dated the letter.
a schedule of charges was sent with the letter updated to the 20th november.
my question is should i proceed with MCOL next week or send barclays another LBA signed and dated even though they have made me an offer.
just wondering if this will go against me if it goes to court.
any help would be greatly appreciated.

[Michael Browne]

I wouldn't bother with another LBA, I can't see this is a major problem. Just file at court 14 days after your LBA.

[dickeggsy]

thank you for your prompt reply mate.
MCOL it is then.

[romanytony]

If you're claiming on line ie MCOL, then this is how it went for me.

9 Oct 14 day letter for £1180
18 Oct Barcalys response "get back to you in 8 weeks"
24 Oct MCOL for £1482.75
27 Oct record of bank charges sent to bank & court
29 Oct claim "deemed served"
6 Nov Claim acknowledgment filed
8 Nov Bank offer of £350
10 Nov My reply to offer "very kind of you but no thanks" or words to that effect.
28 Nov As bank forgot to file their defence, I asked for judgement.
28 Nov Judgement issued against defendant
28 Nov Warrant issued, bailiff's notified for action.

I dont know if I was lucky in as much as the bank missed the opportunity to file a defence, but my advice is keep a close watch on the dates an be ready to take action.
In the future maybe someone will come up with software to automate your action at the appropriate time (like bank charges) and make themselves a fortune! Until then, manual intervention as they say.

[dickeggsy]

just about to send off my claim to MCOL and on the particulars of claim i want to add interest at daily rate.
anyone know the formula for working it out.
i have seen it somewhere but can't find it.
once again any help greatly appreciated.

[Michael Browne]

Just your charges x 0.00022

eg £495 x 0.00022=£0.11p

[dickeggsy]

that's the one ,cheers again.

[dickeggsy]

sending off my MCOL claim tomorrow and have entered this in particulars of claim.
1. The Claimant has an account xxxxxxxx with the Defendant, opened approx 1991 2. Since 07/07/2000 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £3175; (b) Interest per S.69 County Courts Act 1984 of 8% - £743.89 continuing at 8% until judgment or settlement at a daily rate of £0.70; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.
does this look and sound right as i have read a few threads from people who have had problems with what they have entered in their particulars especially concerning the daily interest rate.
i don't want any problems at this stage.
any replies will be greatly appreciated .

[Michael Browne]

Seems fine to me

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim Online
Northampton County Court
21-27 St. Katharine's Street
Northampton
NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,
(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a copy of my schedule of charges relating to the above claim.
Yours sincerely,

[dickeggsy]

thank you mr browne, you are a star.
i'll get that sorted first thing