KarenB Vs Barclays***WON***

[dinghy]

Welcome to the site...

It's entirely up to you about 1 claim or 2... Really depends on how much you are claiming... If both add up to less than £5000 then you may as well put in one claim. If combined they total over £5k then it makes a nice breaker to keep it within the small claims limit.

[karenb]

Thanks for that! Have decided to go with one claim as they come to just over £1,000. Not much but enough to pay off both my overdrafts and close both the accounts - something I've wanted to do for ages!!!

[Don Quioxte]

Hi Karen..

obtain all your statements for both accounts via the normal process..

The single £10 Data Protection Act disclosure fee covers all information held with a single institution (i.e both accounts).

Calculate your charges as per the FAQS and sned the prelim referencing both account numbers... you may find it helpful to enclose a summary sheet displaying the charges relating to each acccount so the bank understands exactly which fees and charges relate to which account and thus how you obtained your totaal..

but that is not necessary, like the flake in a 99, nice, but not absolutely necessary. Then just sit back and await their first response.

Make sure you are aware of the timeframes involved and the relevant procedures/processes that you may be undertaking.

[karenb]

Hi there, after reading about all this in various places, I decided to have a go at getting my charges back.

Firstly though, having looked at the FAQs etc I can't see anything about if you have two accounts with one bank.

Should I claim back the charges together or file two separate claims, one for each account?

Thanks

[karenb]

Hi, just to say that (as I had all my bank statements for last 6 years) I have sent the first letter today to request the repayment of all my charges.

[karenb]

Quick update - I got the standard "sorry you had to contact us we will reply by ...." letter so am about to send the LBA letter.

Just want to check where everyone has been sending their LBA letter? Cheers

	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

[barracad]

Send it to the address where you received your last letter from.

[karenb]

Unfortunately a little bit late going out (due to computer problems) but the letter before action has now been sent.

Its been really good reading about people who have got full claims back and there seem to be more of them coming through now. Good luck everyone who is having a go and I'll no doubt be back on soon to update you!!

	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

[karenb]

Hi all, received a letter yesterday - from what I've read on here it sounds fairly standard. Sorry you're not happy, we provided you with T&C and tell you how much our charges are, £250 offer for goodwill and referring me to financial ombudsman service if not happy with proposal.

This is a quarter of what I am claiming. I will send out a thanks but no thanks letter and full amount required before my timescale or else I will begin a claim as per my letter (the LBA). Is the following wording ok?

I acknowledge your letter of 27 June and the goodwill offer of £250 therein. As this is only one-quarter of the amount I have requested back from you I will not be accepting it as full and final settlement of the claim.

I refer you to my letter of 20 June and would note that the 14 day time limit runs out on 4 July. If I do not hear from you by this date with a settlement offer of the full £1,065 then I shall proceed to file a claim as I have stated.

Quite nervous that I will actually end up in court but I'm prepared to go for it - like everyone says - IT'S MY MONEY!!!

	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

	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.

[karenb]

oh dear! Here we go!! Have just filed my moneyclaim online!! :o I'm scared a bit but fingers crossed I'll get my money back!!

[karenb]

Hi everyone - got another update! I got a letter today from the court to say that Barclays have filed their defence and that the claim has been transferred to my local court, also enclosing an allocation questionnaire (to be filed by 27/0.

I will be going into templates to find out how to fill in the AQ.

One thing that bugged me about their defence is that they are picking on the fact that I didn't include in my particulars a list of the precise charges and I forgot to put in my two account numbers - They have had this information on previous occassions.

I really am getting quite scared now that I will end up in court although I have yet to hear of anyone on here that has ended up doing so.

Please can I have some reassurance that everything is going in a fairly standard way and you doubt I will end up at court? Cheers

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Spotted Dog]

Have some reassurance. You don't need to be scared - the law is actually on your side !

Your'e doing fine. Although they know exactly how much and when they have charged you, you should send back to Barclays and the Court a schedule of charges from the spreadsheet you used to calculate what they owe you.

Barclays are just doing their best to put you off and delay things as much a possible.

Good luck

Spotty

[karenb]

Hi, just sending back my AQ and had a question if anyone can help:

Should i mention anywhere that i am pregnant and the baby is due 19 sept? i realise that the court date wont come up around then but wonder if i should say anything anyway.

Cheers

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[karenb]

I have a couple of issues and not sure what to do:

I wrote to Barclays asking if they would settle by the end of the month instead of going to court. I had no reply so I telephoned yesterday and spoke to Alex Martin. He said he would get my file out and send a letter to me. The letter arrived this morning saying that the fee is part of tariff and I get a copy etc etc. But then this para:

"Our records show that you wrote to us in June to request a refund of previous charges on your account. This matter was dealt with by our Head Office Customer Relations team and an offer was made to you on 27 June. As you declined this offer, the case was closed." Also, it is sayin g that head office have advised that the original offer is still available and I can call them on ...

I am totally gobsmacked. The original offer was for £250 which is less than a quarter of what I was asking for.

Is there any likelihood I will get a settlement now? Or should I just leave it and act like I'm going to court?

The other thing is I got a letter from court today saying that the court has made this order of its own initiative and that I have to serve particulars of the accounts, the amounts and in each instance why the amounts should not have been charged. and to do so by 18 December (still not had a court date through although I will ring and find out)

I am a bit bothered about that last bit or is this a standard thing?

Any help anyone could give me would be much appreciated as soon as you can.

Cheers

[Spotted Dog]

You have to carry on and give the court the info it wants. I think this means the court bundle especially with copies of your statements showing the penalty charges and the spreadsheet adding them up.
It is very rare for anyone to negotiate successfully with Barclays.
Barclays will make you a proper offer but only when you have a date for the court hearing

Spotty

[karenb]

Just received a court date of 27 Feb BUT also a pre-trial review on thurs (18th) - what is this do i have to attend? Has anyone else had one?? Any help greatly appreciated.

[karenb]

I received a telephone call today from Anthony Lombardi who offered me a settlement. After a few discussions, I signed and faxed back a letter to them agreeing. So I needn't have spent the last few days panicking about the pre trial review tomorrow!!

Am going to ring the court up today to tell them there is a possible settlement on the table but I will not be stopping action until the money is in my account.

They really do leave it to the last minute though don't they!

And another thing!! He said it would be 2-3 days for the money to show in my account to which I replied that I wouldn't like to stop all action until I saw the money and surprise surprise it went in today!!

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