Thread: Welshman v Barclays **WON**

Hi everyone, this is my first post.

Sent first letter along with my £10 cheque on the 26th of June and received letter dated 27th of June in reply along with the cheque. Similar letter to everyone else's stating that they will supply statements free of charge. It's now 41 days and there's no sign of them. I will hold off until Wednesday because the 40th day landed on a weekend. I want to show that I am being reasonable from the outset, even though such a large organisation doesn't find a problem with jumping down my throat immediately I fall foul of their rules.

Similar Threads:

• Barclays vs Harry - Barclays counter claim
• RE: Welshman v Barclays

Well by my calculation, it's now 43 days and, as misspickles correctly commented, they don't need the 40 days, so template letter sent yesterday giving them seven days.

I intend sending claim to Barcalys Bank tomorrow. The figure I have come to is £2565.50. Which of the Banks' addresses do I put on the template letter - the data Protection one, my local branch or where the statements came from i.e. Leicester?

I have also noted that, with the template letter, it should include the schedule. Can I use the schedule as in the template England - Simple - Excel and omit "Days since Offence" and "interest 8% APR" or is there another template elsewhere?

Finally for now, do I apply for what they term as "Account Fee" which comes to £530.50?

I sent to 1 Churchill Place, London.

I also sent the schedule you mention.

If you mean the monthly £10 account fees, no, you shouldn't apply for that (if not, I have misunderstood - sorry!)

Thanks for your responses.

I'll have to reduce my claim in that case.

I thought a schedule would be a spreadsheet printout but I do understand what you say Villaburd24. I thought they'd be wanting itemisation. I don't really want to muck it up this early as my Mrs has an issue with another bank which we'll take on once this one is done.

I won't list the interest at this point.

Unless someone else posts before I send, I'll take on board what you've said, but if, as usual, Barclays don't play ball, the spreadsheet will have to be done anyway.

OK, after much work, have inputted figures and dates on to spreadsheet for posting tomorrow. In the Column "In Respect of" I have entered "Paid Referral" and "Unpaids Out" as are entered on the copy statements supplied by Barclays. Is that correct?

Sounds right to me.

Spotty

Hi Welshman.
I understand you will not be able to claim the account fees as these are lawful charges for running your account as you pay these for the service of your account.
unpaid outs,commission & paid referals you can.
8% interest can only be charged when you start with moneyclaim.
Finally i have decided not to claim overdraft interest as i felt this will cover the banks fees and also it can be very difficult to work the exact ammount out that you can claim.
good luck.
Arglye.

Thanks for that. Will post off today. After failing to adhere to the 40 day deadline, sent them a 7 days deadline letter, I eventually got my statements yesterday and, for good measure, a duplicate lot today!

I've taken the LBA from the template and amended it very slightly using a small amount of text from the excellent letter in Don Quixote's thread. Does this look OK? I am sending it on Friday 25th Aug.

Barclays Bank Plc
Leicester
LE87 2BB

letter before action

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXXXX

I am very disappointed that you have failed to positively respond to my letter of the 11th August 2006. Barclays have failed to read the detail contained within the letter pertaining to time frames and the type of correspondence I was requesting in relation to this matter. I requested, and hoped, that Barclays would enter into a sincere dialogue with me rather than respond by way of generic letters and leaflets. I can therefore only assume that Barclays have no intention of responding positively to my request for a refund of charges within 14 days, and am hereby providing notice of intention to pursue a claim with the county court 14 days from the date of this letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £XXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 11th of August 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.


Yours faithfully .... etc

No, I decided to take the advice of others including yourself and sent the one as found in the Library. as you quite rightly said, it's tried and tested.

I fully expect to have to contact the court in 14 days so will do the spreadsheet early next week.

Thanks for your response.