Tracy C vs Barclays **WOOOOOOOOONNNNN**

**Mrs Charlton** · 28th June 2006 14:03

Having trawled through statements from when we opened our account in feb 2004, I have calculated we have been charged £605.

It was a Mum on another site who mentioned her charges to me and how she had found this wonderful wonderful heavenly place where folk were claiming back their charges, so I thought I would come and have a nosey.

After reading the templates and a few threads it seems I do not have to do the DPA thing, as I know all the charges that have been applied. I am writing them up now (in a table: Amount charged - Reason for charge - Date of charge).
I shall then print this out along with the 'approach for repayment of charges' letter, and send them off this afternoon. Is there anything else I should add? You seasoned folks who have been there and done that do you have any tips?

My letter will be going to the Leicester address (I checked on the contact details thread and it seems a few of you have been given this address so I know its not a fake-out), although when I expleined on the telephone this morning to dear old Barclays icon

why I wanted said address, I was told 'there is no point you sending it, you won't be refunded'.........to which I replied, "we'll see petal".

I hope we win now.

So any tips / advice / hints? I am not a shy type so have no qualms about court or standing up to them, I have gotten 2 charges refunded in the past from the Complex Query Centre just by going 'RAHHHHHHHHHHH!!' down the phone at them until they listened (this has been noted on the list of charges I have totalled, will this affect anything do you think?).

Gosh I've gone on a bit sorry, anyway, hello to everyone and thanks in advance for any advice. Tracy. xxxxxxx

Similar Threads:

**Michael Browne** · 28th June 2006 20:30

Welcome.

Previous refunds won't affect your claim at all, (as long as they're not included in you present one)

Other than that you seem to be doing fine.

Any problems,just post on your thread here.

Good luck

**del.just** · 28th June 2006 20:55

Hi Tracey, you make agood write up.
I hope you can help, I have been charged up the yin yang over the past 6 years icon

,
as a result of unfair bank charges, I now owe them (Barclays icon

) a lot of money.

I though i was doomed to pay the full charges plus intrest back, until I heard of money saving expert website, which inturn led me here.

I now have a new bank account, and no idea of what Barclays has taken from me in the last 6 Years, Because i shredded all the statments out of sheer frustrasion with them, when i was trying to explain my situation over the phone.

Good luck with your claim.

Kind regards

David.

**Rooster-UK** · 29th June 2006 00:34

Del.just.

First of all start your own thread, then any questions you have can be answered there instead of hijacking someone elses thread.

First send the Data Protection Act SARS letter from the library section........
Click on this link....

http://www.consumeractiongroup.co.uk...t-subject.html

Don't forget to include the £10 maximum fee. They will probably return it but if you don't send it they will use it as an excuse to delay.

While you are waiting for the statements to arrive, have a good read of the FAQs and the step-by-step guides in the library.

Good Luck.

JJ · 29th June 2006 10:17

Originally Posted by Mrs Charlton

although when I expleined on the telephone this morning to dear old Barclays icon

why I wanted said address, I was told 'there is no point you sending it, you won't be refunded'.

Oh yes you will... Just follow what everyone else has been doing - keep things plain and simple and straight to the point.

**Mrs Charlton** · 30th June 2006 14:46

Hi everyone,

Just to say that letter was sent yesterday, so this morning it will have arrived in Leicester, so by Monday it will be with whoever needs to deal with it (I sent off the 'request for repayment of charges' and a schedule of charges totalling £550).

Its just a matter of waiting now, I am curious as to how this will proceed. Is it likely they will cave early due to the amount of people claiming, or will that make them more determined to go all the way to court?

I have just read Icefalls thread (WOW! by the way

) and although not shy about standing up to them it would be nice to not have to go that far, as if they drag it out I'll be dragging my hugely pregnant carcass into court...and those little witness boxes look so small LOL. This may sound very unethical too, but do you think me being pregnant might in fact encourage them to do the right thing early?

So, I have set my little reminder on my laptop for 14 days and see what arrives in the post in the meantime.

Tracy. x x

**Mrs Charlton** · 4th July 2006 11:01

Received this in the post this morning:

Dear Mrs. Charlton,

I am sorry you have had to contact us about the level of service you received from Barclays icon

.
Thank you for taking the time and trouble to do so.

I am looking into your concerns and will let you have a response or update as quickly as I can but no later than 28 July 2006. In the meantime if you need to speak to me please 0800 282 390. If you are calling from overseas please call 0044 207 699 4998.

I have enclosed a leaflet explaining how Barclays works to resolve complaints. I hope you find this helpful.

Thank you for bringing this to my attention.

Yours Sincerely,

Carol O'Callaghan.
Customer Relations Manager.

This letter was dated 3rd July. My letter to them was dated 28th June.
I shall sent my letter before action icon

letter, have no worries about that, but shall I send it 14 days from the date of my letter or theirs, or does it not make much difference? Obviously I shan't be waiting until July 28th (are they kidding?

).
Going to trawl the threads again to see what others have done, but just incase there is anyone about who can give me a quick answer thought I'd ask

Was hoping for a quick resolution to this as the amount isn't as much as some folks, but ho-hum....

**Michael Browne** · 4th July 2006 18:52

14 days from the date of your prelim letter

**Rooster-UK** · 5th July 2006 01:14

MrsCharlton,

I shall sent my letter before action icon

letter, have no worries about that, but shall I send it 14 days from the date of my letter or theirs, or does it not make much difference?

Don't let the bank sidetrack or browbeat you.
It's your call. You're in control. It's YOUR timetable.
The bank will try every trick in the book (and a few that are'nt

) to delay you. Stick to your timetable, don't let them impose theirs on you.
That way, you'll show them that you mean business.

If you have any questions, then post them on your own thread. The answers won't be very far away.

Good Luck.

P.S. If it's a boy, don't name him Barclay or Lloyd

**Mrs Charlton** · 5th July 2006 11:06

Originally Posted by Rooster-UK

MrsCharlton,

P.S. If it's a boy, don't name him Barclay or Lloyd

LMAO!!!! Don't worry, new baby is a girl and we already have names picked LOL. (My next door neighbour is called Lloyd though

).

Roll on 12th July for the next step!!!

**Mrs Charlton** · 12th July 2006 14:16

Just to update, I sent my lba icon

this morning to Ms. O'Callaghan at Barclays icon

.

Starting to get frightened now about court and filing claim in 14 days and stuff. I shall do it, not one to bow down to fear or bully tactics

but still, can't help being a bit scared. My hubby says if it gets too stressful I'm just to accept the offer (if there is one) as he is worried about what effect the stress might have on the current occupier 'in utero'. Bless 'im.

Trace. x

**Michael Browne** · 12th July 2006 14:35

Although there's a timetable laid out, it's not set in tablets of stone. You can progress at your pace. A few days here or there isn't going to make any difference.

Any problems with moneyclaim, just post here.

**Mrs Charlton** · 24th July 2006 20:09

Well the lba icon

deadline is up on wednesday and I am yet to hear from Barclays icon

...I naively expected them to offer me a miniscule amount during this time but obviously not, so its Moneyclaim on wednesday night when I get back from work.

**Mrs Charlton** · 26th July 2006 10:45

Ok, its MCOL day today, going to suss it out and file it tonight wen kids are in bed so I don't have 'Mommy Mommy Mommy' all day while I'm trying to do it LOL.
Any tips from you wisened claimers out there? Have read LOADS on the site so think I am pretty clued up, but hopefully if I get stuck later there will be some folks about to help.

This is what I had from Barclays icon

this morning:

Dear Mrs Charlton,

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention , I must inform you, however, that we disagree with your view.

Blah blah terms and conditions icon

you were aware when opened account etc etc.

Despte my comments blah blah, I am willing to offer the sum of £275 towards the total you are seeking. etc etc.

Then there is a slip enclosed to accept the amount 'in Full and final icon

settlement'.

Shall I even bother to reply or just go ahead and file MCOL? I have tried to call the perso that sent me the letter (Mr Laurence White) on a number he referred to as his 'direct line', turns out this is Barclays head office customer relations and they are unable to take my call as they are soooooooooo busy, but if I leave a message someone will get back to me in 48 hours. I think not.

Trace. x x

**Money4Nothing** · 26th July 2006 12:51

I had exactly the same letter from Lawrence too...
I personally would reply, saying that I didn't accept the offer as final settlement - and that you have already started legal proceedings. Give them a final chance to settle before court.
At least when it comes to court you can show the judge that you've tried your best to settle things before they got that far...
I'm suprised the courts aren't getting a little bit peed off with the banks...filing defence when they obviously have no intention of defending.

ps. Good luck

m4n

**Mrs Charlton** · 26th July 2006 13:17

Thanks M4N. I totally agree, filing a defence when they have no intention of attending a hearing to defend is rather cheeky...wonder if they'll get slapped wrists at some point for wasting court time *sigh*

My little one is down for a nap so just working through my claim on MCOL, will refine it tonight before submitting. I will send a letter to Monsieur Laurence stating I will accept offer only as interim payment towards full amount. I think I'll actually file claim on friday (when I have more dosh LOL) so that gives me 2 days to get claim bang on.

A question please folks:

In the particulars of claim section on MCOL I had put the following

I have a contract with the defendant bank under account number XXXXXXXX which is conducted on their standard terms and conditions icon

. I am claiming the return of money taken by the defendant in the way of charges over the last 2.5 years.
The banks 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).
In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.
I have asked the bank to justify charges they have declined to do so.
£616.22 is the amount owed. The claimant claims interest icon

under section 69 of the County Courts Act 1984 at the rate of 8% a year from Feb 2004 to July 2006 of £38.97
There are 25 charges. Total inclusive of interest as of todays date is £655.19.
A Breakdown icon

is available.

Now, the parts in red are the bits I'm needed clarifying. The dates Feb 2004 to July 2006- is this enough or do I need to put the date the account was opened in February 2004? And do I need to put the date of filing claim for example 28th July 2006 if I file on friday?
The seconf red part is the total taken from the spreadsheet I have and is charges applied (£616.22) and interest on the charges (£38.97) added together, is this ok to include?

Also (I know sorrrrrrrry :? ) the box that says 'Do you want to reserve the right to claim interest?' do I tick yes? If so, then this new paragrpah needs to be entered as advised by MCOL site and is slightly differently worded to the one I have used and includes a statement about daily interest:

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

Is this covered by what I have written or do I need to swap last part of my particulars for this paragraph? If so, how do I find out daily rate of interest? I thought the 8% we were all adding via spreadsheet was yearly interest and not daily? Is there a really simple sum I am missing (if its literally 8% / 365 days I shall cry for being so dense) or something on the site somewhere (I have searched honest not just taking the easy way by asking).

Thanks again everyone. Trace. x x

**Michael Browne** · 26th July 2006 16:39

This may need tweaking to fit:

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions icon

. Claimant is claiming the return of £616.22 ( = amount claimed) taken by Defendant in charges over 2.5 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest icon

under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of £38.97 (=8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.13p (= Amount claimed x 0.00022).

**Mrs Charlton** · 26th July 2006 19:16

That sounds brilliant Michael thanks so much

**Mrs Charlton** · 29th July 2006 09:22

Quick question please folks, literally about to press submit on MCOL and have drawn a blank- the total claim I am entering, is this just the charges amount or do i include the interest icon

up to todays date aswell?

Thanks. x x x

**Mrs Charlton** · 29th July 2006 09:35

Its ok I've remembered now LOL. x x

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