Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have just sent off the DPA letter to Barclays by recorded delively, i estimate i have thousands of charges against me, the account is now closed and i am excited at the prospect of getting my money back, just a quick question, how long does the whole process take before you are likley to recieve your money back? just wondering as i have around 6 other companies that have overcharged me which i would like to start proceedings against.
Recieved my statements back today (06/07/2006) along with £10 cheque stating Barclays do not charge for this service. After sifting through 6 years worth of statements i worked out charges, including interest of £1048.43. Just wrote the letter now to claim back charges ready to send by recorded delivery tomorrow, so fingers crossed for a quick response.
See the letter templates library, for your letters.... just copy and paste into MS Word, or whatever word proc you have. Fill in your personal details, and that's the jobs done. Click the following link for the templates library.....
Have a good read of the FAQs and the step-by-step guides. It will be your own benefit.
Also read the threads in the appropriate forums. That will give you a good idea of how long it will take and also give you an insight into how your bank will react to your letters.
Good Luck with your claims.
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Good luck with your claim. I am a bit further down the line with Barclays (the link to my thread is in my signature). From my experience and the experience of others on this forum is that you will receive a standard acknowledgement of receipt saying they will look into the matter and contact you in due course. If you have not received a full response within 14 days of your first letter then proceed to lba. Barclays normally make an offer of up to 50% in Full and final settlement. I have proceeded to the court claim stage, they have acknowledged the claim but not defended yet (they have 3 days to go).
Remember stick to YOUR timetable not theirs.
Steve
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
hiya thanks for all the encouraging comments, i recieved a standard letter from them apologising and saying i would hear from them no later than the 7th August and they would get back to me as soon as possible. So basically just waiting to hear from them now, i might write or ring them though just to make sure they are still on the case, is this a good idea or should i just wait till the 7th?
not happy!! recieved an offer of £450 which i expected - but - because i have an outstanding debt with them of £871 - an overdraft, they want to put that £450 towards the debt! help! im going to do the next step now - can u please help me with this??
It would be usual, if you respond and say that you accept their payment as interim offer and expect full refund of the rest within x days, that they will withdraw their offer anyway and your next step will be moneyclaim form. Did they respond to you within the timescale of your lba?
yes they did, they replied on the last day!! i dont want the money to go towards that debt though so could u help me word the letter correctly cos i cant find the correct letter in the templates library?xxxxxxxxxx
I think, as it's your money, they can't dictate where it goes. However, I'm not sure how to word it and hope someone with more experience can help you soon.
ok thanks for that, i just put that im willing to accept the offer as a partial payment but will hold out for the full amount - but not as repayment of my exsisting debt with Barclays. So ill give them 14 days to comply, im not holding my breath though they will probably disregard this and then ill be proceeding to court, fingers crossed!!
I'm a HSBC basher so haven't much experience with Barclays. I received a partial offer a couple of days after I had filed mcol. I returned a letter stating "thankyou for your offer of £xxxx dated xx/xx/xx. I accept your offer as partial payment and will continue to persue the remaining amount. I am now in the process of filing a claim with the courts as you have failed to respond to my request satisfactorily. This will incurr interest and court fees. I require that these monies be paid to me in the form of a cheque made payable to xxxx
Cheers"
Hope this helps a little. Dont worry about filing with mcol. Although they have responded, they have not responded satisfactorily therefore you need to cintinue with your timescale. Dont let them delay you! When I filled in my mcol I stated that I required payment by cheque. I received an offer today from HSBC's solicitors and I am returning it to accept but informing them that I will only accept payment by cheque. If they fail to do this then I am continuing with my claim. Its your money dont let them dictate what you do with it!!!
Louise
£10.00 sent to HSBC 14/06/2006 for copy statements.
Prelim sent 3/07/2006 requesting £2991.00 back in charges.
LBA Sent 18/07/2006 requesting £3161.00
MCOL filed 03/08/2006 for £3808 (inc court fee's and interest)
Offer of £2000 made 05/08/2006 - Declined
Claim acknowledged 08/08/2006
Full Offer of £3808.07 received 10/08/2006
Full payment received - 17/08/2006
thanks for your help! sent off letter today (10/08/06) not accepting offer but to hold out for whole amount, they now have 14 days to relpy with the money or its going to court. i already have a fair idea what the outcome will be so ive had a look on the mcol website, registered myself so i can see exactly the process i have to go through. hopefully it wont come to that but im not holding my breath. im not worried though cos i have u guys to help me if i get stuck along the way. THANKYOU!!!!!
recieved a letter this morning (18/08/06) disregrading Barclays previous offer of £450 - what a suprise. So its seems its on with the money claim. I have started to fill the online form out, but would like to make sure ive done the details correctly. Does anyone out there know if it would be ok to paste them into here just to make sure im on the right track before i send it off, or is oit confidential?xxxxxxxxxx
I, Janine Hawkins has account(*****)
with Defendant from (Date)conducted on
their standard terms and conditions. I am
claiming the return of money taken by the
defendant in the way of charges over the
last 6 years plus the interest they have
levied on those charges. The bank's charges
are a disproportionate penalty and
therefore unenforceable as they are
contrary to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e). I have repeatedly asked the bank to
justify their charges but they have
declined to do so. I am claiming charges of
£990 plus £60.25 interest. Including
£149.04 which is 8% interest on penalty
charges and interest charges unlawfully
deducted. I am claiming a grand total of
£1199.29p. This includes overdraft charges
and interest charged for being overdrawn. I
also want the removal of the default
agaisnt me from the defendant, as this was
a direct result of penalties charged
against me.
Now im going over on the word count - any one help me shorten it? i would be soooo gratefulxxxxxxxxx
The claimant claims the return, by cheque, of money
taken by the defendant in the way of
charges over the last 6 years. The bank's
charges are a diproportionate penalty and
therefore unenforcable as they are contrary
to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair contracts Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. para 8 and
sch.2 1 e. In the event that the charges
are not a penalty then they are nreasonable
within the meaning of the Supply of Goods
and services Act 1982 s.15. The bank have
declined to justify their charges. Total
charges of £xxxx
I also claim interest under section 69 of
the County Courts Act 1984 at the rate of
8% a year from xx/xx/2000 to xx/xx/2006 of £xxxx
and also interest at the
same rate up to the date of judgment or
earlier payment at a daily rate of 8%. The
total at xx/xx/xx is £xxxxx plus court
fees.
This was my particulars of claim and it was within the amount of words allowed. I have just received my full settlement yeseterday from HSBC!
Yippee!
Louise
£10.00 sent to HSBC 14/06/2006 for copy statements.
Prelim sent 3/07/2006 requesting £2991.00 back in charges.
LBA Sent 18/07/2006 requesting £3161.00
MCOL filed 03/08/2006 for £3808 (inc court fee's and interest)
Offer of £2000 made 05/08/2006 - Declined
Claim acknowledged 08/08/2006
Full Offer of £3808.07 received 10/08/2006
Full payment received - 17/08/2006
hawkinsVbarclays ****WON****
by recorded delively, i estimate i have thousands of charges against me, the account is now closed and i am excited at the prospect of getting my money back, just a quick question, how long does the whole process take before you are likley to recieve your money back? just wondering as i have around 6 other companies that have overcharged me which i would like to start proceedings against.
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