Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    annamarie116 Novitiate

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    Default how to claim my money back!!

    Hi,i had recently heard about this website and how you can claim your bank charges back.
    What i've done so far is got my 6 yearsicon bank statements back today,what do i do from here on?
    Also does it make any difference if you've been overdrawn most of the time with these charges,or will i not be able to claim?I'm very confused to this.
    We've been being charged some months around £340,£35 sometimes 3 days on the run then every other day from where direct debits have bounced.
    I'd appreciate any feedback now i have my statements,
    Thanks!

    Similar Threads:

  2. #2
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    misspickles Novitiate misspickles's Avatar

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    Default Re: how to claim my money back!!

    Hello and Welcome,

    What you must do before you do anything else is read both the FAQs and as many of the Barclaysicon threads you can. THIS IS INVALUABLE as it will provide all the info you need to know. Please dont underestimate how important the threads on here are read read read!

    As you have your statements you have already jumped the first hurdle of the SARicon. What you need to do is work through the statements and highlight all charges you have incurred, such as 'unpaid item' paid refferal' and unauthorised overdrafticon charges. You cannot claim for account service charges or an agreed overdraft facility charge. Once you have highlighted your charges you need to find the spreadsheet that is available in the templates section and input your charges on that. this spread sheet will also work out 8% interest for you but you must not take that in consideration until as and when you get to court. Once you have atotal figure for your charges go back to the template library and use the pre lim request letter. This letter states your request for your money back, and gives them 14 days to respond.

    Hope that helps but please please read the FAQs, threads and look in the template library.

    Miss Pickles x

    FD £691.50 SETTLED IN FULL £691.50
    FD CREDIT CARD £75, SETTLED IN FULL £75
    MBNA CREDIT CARD £1784 SETTLED IN FULL
    BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200

    PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x

  3. #3
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    annamarie116 Novitiate

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    Default got bank statements,what next???

    Hi,
    Received my past 6 yrsicon statements,worked out that i'm owed £4575!!
    I underlined all the charges with just a normal pen(is that ok?).
    I know need to know exactly which step to take next as i want to do this asap!
    Thanks!!


  4. #4
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    c_allen Informative c_allen Informative c_allen's Avatar

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    Default Re: got bank statements,what next???

    first you should look at these threads and read them carefully
    A New Way of Looking at interest
    Why is no one claiming the contractual rate of interest???
    then come back and ask as many Qs as you like
    they should be of interest to you

    OK I GIVE IN

    Halifax £3600 charges, won with C/I £6400

    NatWest S.A.R-05/06/06
    Bug**r all recieved 03/11/06
    Prelim guesimate sent for £3000 03/11/06
    Cr*p one CONNED statements 08/06 ROFLMAO
    Cr*p one charges=£976
    con int 34.9% £1,003.75 £1,979.75.


  5. #5
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    Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M Authoritative Janet-M's Avatar

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    Default Re: got bank statements,what next???

    Also please read the FAQ's , step by step guide and around this forum before going any further ,this is for your own benefit as this shows .


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
    doubts.

  6. #6
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    annamarie116 Novitiate

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    Default Just sent my LBA,what next??

    Hi,I sent my lbaicon letter off today as it was 14 days and have only heard once from them just to say that they are looking into things etc...

    So,do i now have to wait 14 more days and if i hear nothing go for the court claim online?
    Do Barclaysicon normally put in an offer before claiming online??I've seen on this forum that they normally offer only 50%,which obviously is no good at all!!

    I'm just worried that i'll end up in court and won't have a clue as what to do!

    Any advice would be greatly appreciated!

    Thanks alot.


  7. #7
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    zsellors Novitiate

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    Default Re: Just sent my LBA,what next??

    Hi there, I'm in the same situation as yourself. Claiming £1495 from Barclaysicon over the past 6 yearsicon. Sent my lbaicon off yesterday after my 14 day deadline I did receive the standard 'sorry you are not pleased with our service, we'll be in touch in the next 28 days' but stuck to my dealine.
    Just waiting now.

    I'm worried I'll end up in court knowing my luck my case will be the one they decide to turn up for!! And i'll be stood in silence as they tear a strip off me!!

    Fingers crossed they back down!


  8. #8
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    Holteender Novitiate

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    Default Re: Just sent my LBA,what next??

    The most important thing you can do now is not to panic.

    They have 14 days to respond to your letter, in which time they may (or may not) make you a "goodwill" offer.

    If they make such an offer, its up to you whether you accept it or not. But most people reject it, or accept it as part-payment and continue their claim for the remaining balance.

    Read the FAQ section, its the best source of information and if you read it thoroughly, all your questions will be answered.

    It is HIGHLY unlikely that your case will go to court. Cases are almost always settled before they get to court, but the bank will play a game of brinksmanship with you in the hope that you back down. Don't let them win that game.

    And even if it does go to court, there is a buddy system in place where someone with a lot more knowledge about these things than you or me will go with you and help you fight. And win.

    15/08 - Premilinary letter sent to Barclays - £2565

    29/08 - No response to Preliminary letter. Sent Letter Before Action

  9. #9
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    Default Re: Just sent my LBA,what next??

    Hi Zsellors,that's exactly how i feel!
    I just hope they don't drag it out,i could deperately do with my money,i'm owed £4315,i didn't add any overdrafticon interest on,the only interes i'll put on is when i get to the moneyclaim and then i think you add on 8%.


  10. #10
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    annamarie116 Novitiate

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    Unhappy Need Help On The Moneyclaim Please!!

    Hi,i'm stuck now,on what to do next!!
    I have done the first two letters,and it's been 14 days now since i sent the lbaicon letter,and have not heard a thing from them.
    I know it's now the moneyclaim part,but am very unsure how to add the 8% interesticon on,and is there any other interest that has to be added on?
    They owe me £4315.00

    Could someone please possibly help me step by step,otherwise i don't think i'd manage on my own..

    Also,do i have to put all the charges on the moneyclaim website,and do i have to pay the court fees,even though i'm on family credit?

    Thanks!!:?


  11. #11
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    bongobaz Novitiate

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    Default Re: Need Help On The Moneyclaim Please!!

    Quote Originally Posted by annamarie116
    Hi,i'm stuck now,on what to do next!!
    I have done the first two letters,and it's been 14 days now since i sent the lbaicon letter,and have not heard a thing from them.
    I know it's now the moneyclaim part,but am very unsure how to add the 8% interesticon on,and is there any other interest that has to be added on?
    They owe me £4315.00

    Could someone please possibly help me step by step,otherwise i don't think i'd manage on my own..

    Also,do i have to put all the charges on the moneyclaim website,and do i have to pay the court fees,even though i'm on family credit?

    Thanks!!:?
    yep its moneyclaim time!
    in the templates section is a easy to use spreadsheet for you 8%
    you will have to pay court fees too!!
    mine was £120 for claim back £3200!!

    Halifax
    Settled in Full
    Cap One
    Settled in Full
    Citi Card
    Settled in Full

  12. #12
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    Default Re: Need Help On The Moneyclaim Please!!

    http://www.consumeractiongroup.co.uk...xternal-links/ Hi annamarie please dont panick moneyclaim is Nimps, theyt have a excellent helpdesk that you can call for help (not legal advice)
    or you can try this link and there is a couple of MCOL pointers for you.

    Good Luck

    LETS ROCK !!!

  13. #13
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    Default Re: Need Help On The Moneyclaim Please!!

    Hi,this morning i had a letter from Barclaysicon saying how sorry they are etc...and that as a goodwill gestureicon they will offer me £1000 as afull and final settlement!!They owe me over £4000!!
    Now,i'm really sorry to say(i know i must sound abit thick),but..i am still v.confused as how to start this moneyclaim!
    I can't seem to find the right wording in the templates libraryicon for the moneyclaim.And i don't know how to add the 8% interesticon on,i don't want to be having to put all the charges thru the spreadsheet again(it would take forever!!)
    And do i have to reply to barclays re the money they have offered,or do i just go in for the moneyclaim??
    Thanks guys!!


  14. #14
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    Default Re: Need Help On The Moneyclaim Please!!

    Look in the templates libraryicon and you will see how the MoneyClaim form looks. You need to put in your name address contact numberts etc and you need to put Barclays Bank plc as the defendant and use the Churchill Place Address in London for them.

    This is the text you need for MoneyClaim just change the bits in Red to suit your case. I have put in £4315 and its daily rate of £0.95 already
    ************************* ************************* ***

    The claimant had a contract with the defendant (a/c Your A/C Number) from Year which was conducted on their standard terms and conditionsicon. The claimant claims the return of £4315 levied by the defendant in the way of charges. The 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 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 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. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interesticon under s.69 of the County Courts Act 1984 at the rate of 8% a year from Start of 6 yearsicon to end of 6 years of £Your 8% Interest from spreadsheet and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.95

    ************************* *********************
    File for Moneyclaim sticking to your timescale (14days from lbaicon). Reply to their offer as a separate issue.

    Good Luck

    Spotty


  15. #15
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    Default Re: Need Help On The Moneyclaim Please!!

    Thanks Spotty!
    Can i just ask though,do i have to put a list of all the charges on the moneyclaim bit,or will a total do?


  16. #16
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    bongobaz Novitiate

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    Default Re: Need Help On The Moneyclaim Please!!

    Quote Originally Posted by annamarie116
    Thanks Spotty!
    Can i just ask though,do i have to put a list of all the charges on the moneyclaim bit,or will a total do?
    i just put the toal and was paid in full yesterday!!!!



    Halifax
    Settled in Full
    Cap One
    Settled in Full
    Citi Card
    Settled in Full

  17. #17
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    Question Re: Need Help On The Moneyclaim Please!!

    Well done Bongobaz,
    How long did it take from moneyclaim til you got paid?
    Was it quite easy doing the moneyclaim part itself?
    I get easily anxious about all this,and need to know if i'm doing it right!!
    Did they offer you a sum of money which you refused?And if so did you write to them declining their offer??


  18. #18
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    Default Getting nervous now!!

    Hi All.

    I'm in the middle of waiting to see what happens next!!

    I've done the moneyclaim part,Barclaysicon acknowleged on the day it was deemed(5th day),which meant they had an extra 14 days,on tuesday it is the 28th day.
    I keep checking online and it just says acknowledged,now i'm wondering what is the norm.Will they enter a defenceicon sometime before tuesday,or do you think they might forget??
    If anyone has been through this and has won all their money back,please please help me!

    Thanks alot.


  19. #19
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    Default Re: Getting nervous now!!

    Seems they usually enter a defenceicon, just before the deadline, which actually amounts to a long-winded legalese way of saying "oh no it isn't".

    Occasionaly, I believe, they have missed the deadline, but that's rare. If they do miss, you can claim judgement by default. But that may not be as good as it sounds, as, in those circumstances, Barclaysicon have been known to get the courts to grant a "stay" (on the grounds that correspondence went astray or whatever) and then submit their defence anyway. Even if you do win by default you then have the problem of actually getting your money.

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  20. #20
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    Default Re: Getting nervous now!!

    Oh God,that sounds bad..
    So,what is the best way for this all to work out then??
    How long could i be waiting for my money realistically??:o



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