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

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  1. #1
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    perez30 Novitiate

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    Red face Phil versus Barclays ***WON***

    After reading this website I decided to try and hit Barclaysicon where it hurts and get my money back. So far...

    * Wrote to the bank on 22/07 requesting info on fees and charges for the past 6 yearsicon.

    * Received a reply on 1/08 which not only included all of the data requested, but they also kindly returned my £10 cheque with a note to say that "this service is provided free of charge".

    * Will post the next letter in the morning (09/08/06) requesting a reimbursement of £1.745.93 (includes £245.93 interesticon).

    Fingers crossed all goes well. I'll keep you posted on my progress.

    Great website guys.
    Phil

    Similar Threads:

  2. #2
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    Default Re: Phil versus Barclays

    welcome matey, and good luck

    LETS ROCK !!!

  3. #3
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    Default Re: Phil versus Barclays

    Good Luck with your claim

    BTW what is the interesticon your claiming? If it's the 8% then that can't be added until it goes to court....

    Halifax Plc - £1,956.00 + £360.15 interest = £2316.15
    Preliminary Letter Sent - 7/8/2006
    Standard blah, blah Letter arrived - 12/8/2006
    LBA Letter Sent - 21/8/2006
    Filed Moneyclaim - 04/09/2006
    Moneyclaim Issued - 05/09/2006
    Moneyclaim Acknowledged - 06/09/2006
    **Settled in Full** - 11/09/2006


    Barclays Bank Plc - Statements arrived - £250.00
    Preliminary Letter Sent - 12/9/2006


    Step-by-Step Instructions
    A Good Place to Start

  4. #4
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    Default Re: Phil versus Barclays

    4kidsat147,

    This is the interesticon on penalties as calculated by the charges spreadsheet. I hope it's right to include this at this point?

    Thanks, Phil


  5. #5
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    Default Re: Phil versus Barclays

    Ahh then no you can't include that.....not until it goes to court.

    All you CAN include at this point is overdraught interesticon charges caused soley by the penelties....

    Clear as mud?

    Halifax Plc - £1,956.00 + £360.15 interest = £2316.15
    Preliminary Letter Sent - 7/8/2006
    Standard blah, blah Letter arrived - 12/8/2006
    LBA Letter Sent - 21/8/2006
    Filed Moneyclaim - 04/09/2006
    Moneyclaim Issued - 05/09/2006
    Moneyclaim Acknowledged - 06/09/2006
    **Settled in Full** - 11/09/2006


    Barclays Bank Plc - Statements arrived - £250.00
    Preliminary Letter Sent - 12/9/2006


    Step-by-Step Instructions
    A Good Place to Start

  6. #6
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    Default Re: Phil versus Barclays

    Just to clarify as I think there's some confusion here: I'm referring to interesticon on penalties which is on the 'charges and interest' sheet and not the 8% interest. I hope this is right as I don't want to give them any opportunity to delay.

    This morning I received a letter telling me that my request has been forwarded to Head Office and I will receive a response before 5 September. This is 28 days after I delivered the letter.

    Would you advise to wait for the reply or to push for a more speedy response?

    Thanks


  7. #7
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    Default Re: Phil versus Barclays

    As far as I know then yea the interest on charges is calculated....well done you for working out which related to charges and which was normal for the overdrafticon, I couldn't be bothered.

    As for waiting for their responce - nope, it's your timeline to work to - not theirs.

    Halifax Plc - £1,956.00 + £360.15 interest = £2316.15
    Preliminary Letter Sent - 7/8/2006
    Standard blah, blah Letter arrived - 12/8/2006
    LBA Letter Sent - 21/8/2006
    Filed Moneyclaim - 04/09/2006
    Moneyclaim Issued - 05/09/2006
    Moneyclaim Acknowledged - 06/09/2006
    **Settled in Full** - 11/09/2006


    Barclays Bank Plc - Statements arrived - £250.00
    Preliminary Letter Sent - 12/9/2006


    Step-by-Step Instructions
    A Good Place to Start

  8. #8
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    Default Re: Phil versus Barclays - Goodwill gesture received

    Hi all,

    This morning I received a reply from a customer relations manager, Rose Frimet, who offered me £640 as a gesture of goodwillicon. :-|

    I'll summarise the letter as it's quite long:

    "May I say how sorry I am to learn you feel the bank charges you have incurred are unfair." "...we disagree with your view." "When an account is opened with us, our customer is provided with a copy of the terms and conditionsicon relating to the use of their account...". "Despite my comments above in relation to your views, and without any admissions of liability, I am willing to offer the sum of £640 towards to the total amount you are seeking."

    So they're trying to offer me about 40% of my claim but I'm not going to budge.

    I'm going to send out an lbaicon on Monday rejecting their offer and giving 14 days for full payment. The reason for rejecting the offer outright is because from reading the responses of other claimants who have replied "I will accept your offer but not as full settlement and I will continue to pursue my claim" – this only seems to delay the process as Barclaysicon seem to regularly deny the request and they simply repeat their original position.

    I'd appreciate any thoughts or opinions on this as I have until Monday before I post the letter.

    Many Thanks,
    Phil


  9. #9
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    Default Re: Phil versus Barclays

    Send the modified lbaicon with the thanks but no thanks changes in it. It won't delay things. THe LBA gives them 14days to reflect or you take them to Court. You will take them to Court in 14 days - unless they pay up in full - which they wont.

    Spotty


  10. #10
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    Default Re: Phil versus Barclays

    Thanks for the advice Spotty.

    I've amended the lbaicon to inform Barclaysicon that I reject their offer and have given them 14 days to comply with my request for full repayment.

    I'll keep you posted.

    Thanks again for the help.

    Phil


  11. #11
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    Default Re: Phil versus Barclays

    I'm currently completing the online form at moneyclaim and would really appreciate some advice as I'm struggling with this one.

    The details of my claim:
    * Cumulative Penalties charged - 1,530.00
    * interesticon on penalties - 250.87
    * 8% on interest - 399.20
    * 8% on interest on penalties - 37.37

    In the particulars of claim, is the interest I'm claiming (under section 69 of the county courticon act) 250.87? Is the daily rate £0.34 (1530 / 0.00022)? And finally is the Total Amount Claimed £1530??

    I've had a good look around the site and have only managed to further confuse myself so any help is appreciated!

    Thanks, Phil


  12. #12
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    Default Re: Phil versus Barclays

    Value of claim is 1,780.87 (penalty charges plus interesticon charges)

    Amount claimed is 2,217.44 (penalty charges plus interest charges plus 436.57 statutory 8% interest on all charges)

    Daily Rate is 0.39 (1780.87 x 0.00022)

    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.

  13. #13
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    Default Re: Phil versus Barclays

    Thanks victimnomore,

    The help is really appreciated. This is completely unknown territory for me so your advice is priceless.

    Thanks


  14. #14
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    Default Re: Phil versus Barclays

    Money Claim submitted online - 29/09. Fingers crossed.


  15. #15
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    Default Re: Phil versus Barclays

    Well Barclaysicon had until the 18th October to reply and although I haven't received any notification by post it says that the claim has been acknowledged on 16/10/2006 and that they now have 28 days to reply.

    I'm uncertain about the Judgement though, when I click on 'start', should I choose:

    The defendant has not filed an admission or defence to my claim

    or

    The defendant admits that all the money is owed

    I'd guess that, although I've received no direct notification, I shouldn't choose either as they've now 'acknowledged' my claim.

    I’d like to be 100% sure of what I’m doing so I’d appreciate if someone with experience could help.

    Thanks


  16. #16
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    Default Re: Phil versus Barclays

    If they had until the 18th of October to acknowledge, then you will have filed 19 days before that. The court allow 5 days after filing before it is deemed to have been served on the Bank. Then they have 14 days to acknowledge. By acknowledging, they then have a further 14 days to submit a defence. That's a total of 33 days from date of filing. I make it that they have until the 1st of November 2006 to defend.

    Hope that clarifies it for you.


  17. #17
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    Default Re: Phil versus Barclays

    Welshman,

    That clarifies perfectly and it all makes sense now.

    Thanks very much for helping.


  18. #18
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    Default Re: Phil versus Barclays

    Bugger, Barclaysicon only went and filed a defence yesterday.

    Received the aqicon this morning which I've just completed and will hand over to the court in person this afternoon.

    The case continues...


  19. #19
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    Default Re: Phil versus Barclays

    When I dropped in my aqicon, I also included a copy of my schedule of charges plus the 8%. Barclaysicon used up all their time before returning theirs.

    They are so frustrating - but Barclays, if you are reading these threads, I ain't goin anywhere. I'm seeing this through to the end.!

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  20. #20
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    Default Re: Phil versus Barclays

    Unfortunately I missed Welshman's message and I've now delivered the aqicon. Does it matter that I didn't include the schedule of charges???



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE