Trucker v Barclays **WON**

[Trucker]

Hi All.... I am new to this site and stumbled across it as a consequence of a disagreement between me and my bank.

As a result i now wish to reclaim all charges made against my account for the past 2 years (only had this account 2 years), however this time last year i over run my overdraft by a considerable margin. The bank did nothing to stop me, in fact they seemed quite happy to charge me £75 p/m. It wasn't until September that i contacted the Bank to get the situation sorted and went onto a overdraft reduction scheme, which finishes early next month. Can i claim charges back despite the fact that i knew i was over my overdraft limit? As i said the bank just carried on collecting fees. They never attempted to contact me apart from the standard charge letter that is sent out. All contact was instigated by me.

Would be grateful for some thoughts.

I have not as yet explored the entire site and wonder if there are template letters that i can use to start the ball rolling??

Thanks in advance

	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.

[jonni2bad]

Hi and welcome to the forums.

It seems from your questions that you have not yet read through the Frequently Asked Questions (FAQs) which is an absolute must.

Spend a day or two going through those, as well as the "Case Guidance Notes" etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......

Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....

Many people here could easily answer those questions, but it really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.

Good luck..!!!

[Trucker]

+Hi All

I am just about ready to start on the road to reclaiming unlawful fees against my account(s).

I do have 1 question though, that i couldn't find the answer to in the faq section.

One of the accounts that i wish to reclaim fees from was a joint account that was closed in 2005 following divorce. The account only needed the authority of either signature. Will the fact that i am now divorced hinder in any way the access to data or pursuit of the claim without consent from my former wife ?

Trucker

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[essjaysea]

If it is an "either signature" account, you should be ok. Try sending a Data Protection Act request and see how they react.

[Trucker]

Thanks for that.

I am also claiming for my own current account. Would you send 2 seperate Data Protection Act requests or just include both accounts on the 1 letter.

[Trucker]

I will be compiling Data Protection Act request later this evening ready for posting tomorrow. Should i send this recorded delivery?

Looking a bit further forward should i make 2 seperate claims for the 2 accounts or just bundle them into a single claim?

[Michael Browne]

I am also claiming for my own current account. Would you send 2 seperate DPA requests or just include both accounts on the 1 letter.

1 Data Protection Act request + 1 £10 fee, mention both a/c no's.

Looking a bit further forward should i make 2 seperate claims for the 2 accounts or just bundle them into a single claim?

You can combine the if the total is less than £5000

[jules is saving]

Originally Posted by Trucker

I will be compiling Data Protection Act request later this evening ready for posting tomorrow. Should i send this recorded delivery?

Looking a bit further forward should i make 2 seperate claims for the 2 accounts or just bundle them into a single claim?

Given that banks can be a bit devious, I tend to take the line of 'safe rather than sorry'. For the xtra 70ish pence it's probably worth sending recorded, then, if they don't provide info within 40 days you will be able to prove they received your request. As I live within a few minutes walk of my local branch, I hand delivered all of my correspondence and got the cashier to sign and stamp a receipt for me.

Good luck with it all

Jules

[Trucker]

Originally Posted by jules is saving

As I live within a few minutes walk of my local branch, I hand delivered all of my correspondence and got the cashier to sign and stamp a receipt for me.

I never thought of just taking correspondense to the branch. Could this be done for everything, including the court papers etc.

[Trucker]

Probably another stupid question but hey i am trying.

Who and where do i address the Data Protection Act letter to. Have found several names and 2 different addresses, 1 in Cheshire and 1 in London.

[dar£n]

Originally Posted by Trucker

I never thought of just taking correspondense to the branch. Could this be done for everything, including the court papers etc.

Any thing to do with your bank can be transferred on their internal mail, but as 'Jules' states ALWAYS get a receipt saying who accepted it and when.
dont give them any room to delay any further than they already do..
Good Luck

[dar£n]

Originally Posted by Trucker

where do i address the Data Protection Act letter to. Have found several names and 2 different addresses, 1 in Cheshire and 1 in London.

I sent mine to my own branch who forwarded it to Customer Services Leicestershire LE87 2BB.

Another addy is Churchill Place, London
see here
http://www.consumeractiongroup.co.uk...s.html?garpg=4

[juliehazel]

I noticed from another post (sorry, can't remember who) that they had a problem when it came to sending in the bailifs as they had used the customers services address in Leicester which is a P.O. Box. For that reason, it may be better to use the Head Office address in London.

Jules

[Trucker]

Well here we go. Data Protection Act letter written and ready to post. The clock is ticking.

Will update when i got something to report

[Trucker]

Hi All

Been doing a lot of reading of other threads and research into the whole process. But one thing is puzzling me. Why is the interest removed from the original spreadsheet that you send to Barclays? Surely you want to claim this from the outset.

Trucker

	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.

[Trucker]

Originally Posted by Trucker

Hi All

Been doing a lot of reading of other threads and research into the whole process. But one thing is puzzling me. Why is the interest removed from the original spreadsheet that you send to Barclays? Surely you want to claim this from the outset.

Trucker

can no one help me out?

	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.

[debpye]

Please advise!!!

Before Xmas, I got upto the letter before action stage.
(Sent the letter and gave them 14 days to reply). As life never runs smooth - a family crisis evolved and the bank charges got left.
It is now 5 months later and I now have the time to deal with it again.
Please advise where I would start from now.

A financially desperate housewife!!!! LOL As we all are!!!!

	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

	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.

[Trucker]

you need to start court action

[dar£n]

deb [sorry to invade your thread Trucker]
I think it is safe to say that you have given Barclays enough time to respond.
You could start the ball rolling again by sending a polite letter saying you feel that Barclays have had ample time to review your claims and due to the lack of response from them you have no option but to pursue the matter through the small claims court.
This way hopefully you will get an answer from them even though it will prob be a pathetic offer saying they are inundated at the moment blah blah blah, to which you will obv accept and continue to the MCOL stage.
hope things. are looking a bit better for you now.
good luck

oh and you might want to start your own thread too.

[dar£n]

Originally Posted by Trucker

Why is the interest removed from the original spreadsheet that you send to Barclays?

Hi Trucker, back on to you.
I have wondered this too, but I think it is because initially you are making Barclays aware that you are aware of the amount they have borrowed from your account and want it back [in a polite way], then when they get shirty and say 'Ha get lost' you turn nasty and say right 'you had your chance' im gonna slap the interest accrued too.

My opinion, prob way off the mark but no doubt one of the big boys on here will set you straight soon

	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.