novice computer user v barclays.*WON DEFENCE THOWN OUT*

[tezl]

find this exasperating to say the least, not so much sueing barclays but getting around the site for imformation, being new to computer using. have got to stage where barclays have acknowledged mcol, at the same time had goodwill offer. goodwill offer lasts for 8 weeks. offer of 1765 claiming 2400 plus interest 400aprox plus court costs. i want to send them a nudge letter for 2700 inclusive of costs but leave door open for further claims past 6 years could somebody please post correct letter and wording please.also find it hard to fill in donation page to c a g for a monthly sum.thanks.:o :o :o

	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.

[dar£n]

http://www.consumeractiongroup.co.uk...ng-offers.html

letter 5 or 6

[tezl]

thanks, the thing is i do not want to decline there offer now i want to keep this in reserve just in case things go belly up, as i said they have given me 8 weeks to decide. i want them to increase it but leave them , a little bit, as ground bait so to speak. will also look good to judge perhaps . give and take? thanks

[saintly_1]

They are not likely to increase the offer im sad to say

[dar£n]

They will NOT honour their offer if you intend to continue!
As they state although it is an offer of goodwill it is full and final

	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.

[tezl]

like i said would full and final apply to this claim for 6 years, and if another claim was started for previous years.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.

[dar£n]

when you sign your settlement agreement you cross out the confidentiality bit, and add in full and final amount IN CONNECTION WITH THIS CLAIM.

That will leave you open to start a new one if necessary.

	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.

[tezl]

This is the letter recived from barclays on the 4th of may i claimed with mcol on the 5th.

blah blah terms and conditions
desipite my coments above in relation to your views, on this occasion, and without any admissions of liability, i am willing to offer the the sum £****towards the total amount you are seeking. *(amout over £1000 less then what i requested)*
this is with the cost and inconvienience inherent in a further dispute in mind and is intented as a gesture of goodwill, in full and final settlement of your complaint. If you would like to accept my offer please sign and return he enclosed form in the pre paid envelope provided. I will arrange for the payment to be credited to your account within 10 working days of receit of your acceptance at the office.
If you are dissatisfied with my proposal for resolving your complaint you may ultimatley be eligible to refer to the financial ombudsman service.
In accordance with out standard pratice if i do not hear from you to the contary within 8 weeks from the date of this letter , i shall assume that your complaint is resolved and close my file.

(this bit was then the page they wanted me to sign and return)

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

I accept the sum of £**** in fulland final settlement of my complaint with Barclays.

Signnature etc.........

I've not seen a letter like this posted before especially with the 8 weeks window involved.
any thought would be helpful. thanks

	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.

[tezl]

plus surely if you start crossing out bits it would void it thanks.

[pjdavies2000]

No, a change to the settlement is allowed, so long as both are aware of the changes. by them paying you, they would be agreeing to the changes. Most people cross out the confidentiality clause anyway.

Plus, if they didn't accept your revisions, they would have to see you in court. If they didn't then it would leave two options, they turn up and defend and lose, or they don't turn up and lose, meaning there is no t&c for you to sign to get your money back!

It's a win/win situation for you!

GL

Peter

[tezl]

hi pj, they turn up they lose.ok. they do not turn up and get freak results. the thing i am trying to say is i do not want it to reach court stage,i can only just type on a computer let alone try and find all whats needed.but and this is the greedy bit i want more than thier offering.my simple logic is why is there not a booklet you can get with almost every thing you need in it to take to court surely there cannot be that much difference between cases.again my simplistic view. thanks.

[pjdavies2000]

The problem is that all the time people add more depth and argument to the cases, I think one of the things that prevents the banks getting around groups like CAG is that it evolves as knowledge grows. Take for instance the recent call for Terms and Conditions, this won't help many people at the latter stages, but will be gold dust for those just starting out. The court bundle grows as knowledge grows, and this is the fruit of CAG.

I know people may worry alot about the IT skills, and it can look daunting, but I would say you have done the hardest part, which is the schedule of Charges. I downloaded all the letters and had them ready (minus up to date fugures and dates) when I first started, and the court bundle, although always changing and evolving, could be sent to you (the most part anyway) by a helpful CAG member, should you get that far.

Filing with MCOL is much easier than it sounds, and if you don't want to do that, then you can use a handwritten form whcih you can get from your local court.

I would suggest, download as many letters as you can and select the route you want to take, someone like Dar£en prob has a linkable path he can show you for this, and keep going.

Unfortunately they won't increase their offer, and will retract the second you move past this point. Ultimately the decision is yours, take it now and be happy with what you get back now, or keep going, pay a little more, print a little extra and generally plod on, but receive at least a 1/3 more?

Hope that helps?

Peter

[saintly_1]

Dont forget its your claim not theirs so them putting stipulations onto the settlements is a bit naughty really

[tezl]

thanks pj, i am past mcol found getting them to court and getting scheduale quite easy to navigate, at the stage where they have acknowledged court. thanks.

[pjdavies2000]

Originally Posted by saintly_1

Dont forget its your claim not theirs so them putting stipulations onto the settlements is a bit naughty really

Bugger, I could have saved myself all that typing, by just writing that one sentence! Oh well, it shows that my advice giving days are still relatively new and untamed!

Peter:o

[pjdavies2000]

Do you have a court date yet then? It does seem rather strange that they have sent you an offer so late in the day...I can't think of a similar one I've read that offered so late in the day?

Basically, hold on then, you now only have the court bundle to go, and as I said there are several people who can email PDF versions of the bulk of the pack, and then all you need do is add the extra 'meat' to it. As today's announcement in another post of a defence being thrown out, this is the meat that we sometimes need, especially with places like Hull pushing us back a little!

Anyway, good luck whatever you decide, def worth a call to Lit though as you seem so close to the end game.

Peter

[tezl]

whats the advice read..........,made me chuckle cheers

[tezl]

no thats why i want to see if i can get bigger offer

[tezl]

the offer was made before mcol

[tezl]

got to pick missis up alk in a bit thanks