icefall v barclays **WON!!!**

[icefall]

I paid £5 for my statements after phoning barclays and requesting them last week. Received them 1-3-06. Have now posted preliminary letter today 3-2-06 using freepost address on this site.

Should I open another bank account just in case? Will I get a standard denial letter from the bank now...

any advice welcome

[BankFodder]

Yes, it is a very gtood idea to open another account.

[icefall]

thanks, have now applied for a bank account

[Mervalous]

Sorry but why should we open a new account?

[citybloke]

I would say open another account as contingency in case your bank close your account !

[BankFodder]

Originally Posted by Mervalous

Sorry but why should we open a new account?

If you have a row with your bank and especially if they think that they are losing they may close your account. You need a parachute so you can bail out.

Not only might they close your account but they might default you as well. This can have bad consequences and make it difficult to open another account.

Open one or more accounts with other banks to protect yourself.

[Mervalous]

what would happen to all your direct debits etc etc? Should I just move mine somewhere else straight away?

[Natasha]

Originally Posted by icefall

I paid £5 for my statements after phoning barclays and requesting them last week. Received them 1-3-06. Have now posted preliminary letter today 3-2-06 using freepost address on this site.

Should I open another bank account just in case? Will I get a standard denial letter from the bank now...

any advice welcome

Icefall, how many statements did you get for your £5??

[Mervalous]

Originally Posted by Natasha

Icefall, how many statements did you get for your £5??

I just ordered all mine back to march 2000 and they said that would be £5.

[Natasha]

Ok thanks, is your claim against Barclay current account or barclaycard?

I was told by Barclaycard £3 per statement!

[icefall]

I got all bank statements to the year 2000 for £5. I telephoned and asked the callcentre, he did not blink, just said yes straight away and when I mentioned £10 under Data Protection Act, said no £5. I could hear him typing on his keyboard though over the phone - he could have just been typing in my request for statements.

I have a barclays additions account, I intend on getting my authorised overdraft down then going to a basic account.


I have applied for a smile account and a Lloyds account, just in case, will use them as back up for the time being.

	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.

[Natasha]

Thanks icefall!

[icefall]

Hi I received 2 letters today from barclays, 9-3-06, 1st one below

Dear blah blah

i refer to your letter of 3-3-06.

all correspondence has now been passed to me in accordance with our internal complaints process, I am committed to resolving your complaint as quickly as possible and I will investigate the matter throroughly with due regard to your comments.

I expect to be able to contact you again within the next two weeks.

Please find enclosed a copy of our complaints leaflet, which explains how we will deal with this matter.

Thank you for your patience. Should you wish to discuss this matter further, please do not hesitate to contact me on 020 number follow, signed Customer Relations Manager.

so I opened and read this letter first and thought right I will wait till the 14 days is up from the date of my letter and write again with the 7 day letter in library (thanks for the letters guys!)

[richardc]

Yes - keep to your timetable

[icefall]

Then (I had just got home from work) I opened the rest of my post and found this 2nd letter from barclays below,

1st letter dated 7-3-06, 2nd letter dated 8-3-06

Dear blah blah

I refer to my letter of 7 March . I have now reviewed your case and would like to report to you with my findings.

I am sorry you feel the Bank carges you have incurred are unfair and represent a penalty. I note you are claiming a refund of £2,635.00, which is the total amount of charges you have incurred over the past six years. You are also requesting a full refund of all debit interest you have paid totalling £231.00. In your correspondence you referred to the Unfair Terms in Consumer Contracts Regulations 1999, which you say supports your view. Needless to say Barclays is aware of all the information you have drawn to our attention. I must inform you howerver, that we disagree with your legal analysis.

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relatiing to the use of their account including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions we provide details of these to our customers in line with Banking Code. Details of terms and conditions blah blah. website local branches.

I am unable to agree to your request for a refund of debit interest you have incurred. When you were granted an overdraft facility you would have received a letter to advse you that debit interst would accrue on any borrowing. Therefore, you will continue to pay debit interest on each occasion you use your overdraft facility.

Putting the above to one side, on this occasion and a s agesture of goodweill, I confirm I am willing to refund half the amount of charges you are seeking, that is £,317.50. I hope you will agrree this is fair and reasonable. If you would like to accept this offer please sign and return the enclsed form in the pre-paid envelope provided. I will then arrange for the payment to be credited direct to your current account.

blah blah 020 number given out if I wish to discuss, mention of complaints loeaflet agian, and financial Ombudsman service.

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint s resolved and close my file.

yours sincerely - same customer relations manager

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

	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.

	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.

[icefall]

so what I would like to ask is it possible to accept the 50% while still holding out for the full amount?

the form they sent me to sign is as follows

Thank you for your letter detailing your response to my complaint.

I accept the sum of £1,317.50 in full and final settlement of my complaint with Barclays Bank PLC.

Full name

Date

Signature

I think I should send the letter in the library that gives 7 days? Any advice welcome, thanks

	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.

[richardc]

Reply that 50% is not acceptable and follow through with 7 day letter. Put in the same envelope

[icefall]

are there templates in the library? I will have a look cos not sure what to write! I am very excited did not think it would be this quick especially as I sent letter freepost.

[icefall]

posted letter before action today (14 days) using freepost address which is at top of letter and on this site, just have to wait and see now, will update when I hear from them!

	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

[icefall]

Received letter today text below

Dear blah blah

thank you for your letter of 10 march.

I note that yu are unhappy and request that I consider refunding you wilth all the charges you have incurred over the last six years. After careful consideration, I apologise that I am unable to agree to your request as we feel the offer we have previously made is fair and reasonable.

If you would like to accept our offer for a refund of half of these charges, which total, £1,317.50, please sign and return the acceptance form enclosed with my previous letter of 8 March. If you do not wish to acccept this offer I apologise in advance as it would appear we are unable to reach an amicable resolution.

If you wish to discuss this leter, or you feel there are further issues I need to consider, please contact me on my direct telephone number begins 020. If you are dissatisfied blah blah ombudsman etc. complaints process blah blah.

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this leter, I shall assume that your complaint is resolved and close my file.

yours sincerely

same customer relations manager

so I assume its time for moneyclaim online, anyone know how much it will cost online to file? Is it round £120 £230 mark? I will have to wait till payday 24-3 to do it I think. Do I pay to moneyclaim in stages or all at once, someone I know said its £30 to file at small claims court, I realise from looking at this site, its more cos of the amount of money... any advice welcome from you guys!

	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.