Thread: Amending the claim amount of an existing claim?

A Not so frequently asked question:

Since starting out with Barclays on the road to recovery (of bank charges any way) they have since applied more bank charges. A staggering £450 worth!

My question is this:

Is it possible to amend the existing claim in progress (as it has not been settled yet) or do I need to start a new claim?

I have written to them and basically given them three options in a letter dated 20th June:

Thank you very much for your letter dated 15th June 2006.

I would also like to thank you for your offer of £400 as a gesture of goodwill. I was seriously thinking about accepting it when, imagine my surprise, I got an ‘Advanced Notification of Charges’ the very next day which states that you are to debit 15 Paid Referral Fees totaling some £450 on the 27th June 2006!

Therefore I am left with three alternatives:

• I can accept the £400 as part payment towards the full amount but will continue with the claim for the rest of amount owed, then start again for the £450.

• I can continue with the court case to recoup the whole amount of £950 (with court costs) and then start again with the £450, or depending on how long it takes to get through the system, add this additional £450 to the original claim.

• Finally, I can make a counter offer. I propose that you drop the £450 charges to be debited on the 27th June 2006 and refund the amount of £870 that are the bank charges owed. I will then settle the court fees personally and close the claim against you.

Option number 3 is my favourite as it would bring this matter to a speedy end and would allow the bank account to be organized in such a manner that there will be no need for Barclays to be ‘returning’ cheques and payments from any accounts.

I trust that common sense will prevail and that we can look forward to putting this affair behind us ready to start afresh. I must point out though that unfortunately the claim is in progress and therefore time is of the essence.

Yours faithfully



I think I have been fair and even offered to settle the court fees myself, but, Barclays have ignored this letter entirely and have debited the £450 from my account.

Secondly, in the event that I need to start a new claim, do I have to go through the whole 'gesturing' and 'posturing' phase of letter writing again or can I just go for the 'court claim' jugular? I think I have expressed myself clearly in the last letter and at least tried to be fair...


I seem to be struggling with the mentality of these people.


So, back to the original question. Can I amend the original claim or do I need to start again with another?


Many thanks in advance for any help.


Kyu

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Hi, just add any additional charges on your court claim! you are wasting your time trying to barter with them, they wont back down til you slap the claim in. And dont offer to pay the court fees, you may as well have them back for all the inconvenience!

Thanks for that, I will. Any ideas on how I do it?

Interestingly enough, and on a dide note, I have rang the DIRECT LINE of a Mr Laurence White who is a Customer Relations Manager, to sort out the new £450 worth of charges and got a robot answering machine which states something along the lines of 'Please leave a message and a MEMBER OF OUR TEAM will get back to you'. Perhaps Mr White is a bit busy at the moment...

Secodly, Barclays have renamed their charges from 'Paid Referral' or 'Unpaid Referral' to 'COMMISSION'. Is this an attempt to disguise the legality of their charges? Has anybody else noticed this?

Keep the faith people!

Kyu

Love your login alias Cillitbanger. I laugh out loud everytime this little guys enters stage right and shouts at the top of his voice "HI! I'm Barry Scott!!!" I bet he's a librarians worst nightmare....

I have spoken with an incredibly helpful young lady from the courts service helpline. What a pleasant change to deal with somebody who knows what they are doing AND don't mind helping other people!

Some points that might be worth posting somewhere in the litigation section (if it hasn't already):

1. You can change the amount claimed but it costs you £35 to do so WHICH YOU CANNOT CLAIM BACK. It may also increase the court cost fees if this brings your claim amount into the next band. This CAN be claimed back though.

2. As the original claim has to be re-issued, it re-sets the 14 and 28 day response clocks.

Therefore if you don't want your original claim timeline disrupting and you don't want to lose £35 then just hit them with a new claim.

I explained to the nice young lady that I didn't want to waste court time but she just said that it is as braod as it is long for them and they are more than happy to process a new claim.

There.

Kyu

Thanks kyu, at least you knew what it meant straight away! ive had all sorts questioning my sexuality cos they've read it wrong i.e clitbanger! see what i mean? i was thinking of changing it but what the heck? maybe if a mod is watching they could change it to capital letters please????? as for your extra charges as its for so much surely its worth claiming? i certainly would, why should you lose out?:grin:

I shall claim alright, oh yes indeedy. I will however start a new claim as I don't want to disrupt the timeline of the original claim.

Besides that I get to hit them with more court costs this way...

"BANG!!! AND THE CHARGES ARE GONE!!!!"

heh heh heh...