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 read the threads and advice and have got a rough idea what to do, but would like to clarify a few things if possible.
I currently owe
Barclays Bank about £2,500 (paying £56 per month after telling them can't afford to pay anymore). A lot of the money is interest due to being overdrawn.
Barclays Visa Card about £1150 (paying that £14 per month), although limit was £1000, rarely used it and interest took it to over limit.
Barclays MasterCard about £750 (paying £9 per month.), limit was £650, again interest shot it up.
All the above accounts are now closed and interest is now frozen for 6 months.
The agreements to pay back the above amounts are verbal and havn't signed anything.
I have printed the first standard letter and am ready to go but want to confirm the follwing.
Questions
When you claim back charges is it only for returned cheques, standing orders or is it for interest on the account for late payments or being overdrawn ?
I paid £16 per month overdrft protection, but never used it as I was not out of work. My other half went through a bad spell causing us money problems. Can I claim that back too ?
Should I send 3 letters to Barlcays Bank in London for the overdraft and 2 to Northampton for Visa and Mastercard although the are all Barclays ?
Will Postal orders do as I have no cheque book.
Is it worth me rocking the boat as I already have an agreement with them or will they get nasty.
I don't know how many times I was charged for returned cheques and standing orders and overdraft interest but I bet it's nearly the amount I owe.
Re: New person - Going to try with Barclays and Barclaycard
Hi
It will be fine to send postal orders. As far as barclaycard are concerned, im not sure if this helps you make up your mind but i owe them 4.6k also on a payment plan. I have decided to take my chances with them. It is possible to claim the interest but its hard to show this for the bank accounts. I think its easier for the credit cards though. It sounds like you should check the faq's, as a lot of the info you ask about will be in there.
Allways worth rocking the boat (fingers crossed a banker will fall overboard)
Have fun winning
NatWest Data Protection Act 08/06/06. 29/06/2006 recieved all statements. total £240. Letter for refund 07/07/06. offer of £90. lba lost by P.O. hand delivered 10/08/06. money claim 25/08/06. will be deemed served 03/09/2006. acknowledged 31/08/06?? SETTLED
barclays Data Protection Act sent 08/06/06. Printout from 2001 arrived 14/07/06 total claim £740. 11/08/06 £425 offer. LBA 01/08/06. moneyclaim 22/08/06. served 28/08/06 acknowledged. DEFENDED. COURT SET DEC 13TH. LETTER OFFERING FULL REFUND + COSTS 17TH NOVEMBER. 21ST NOV MONEY IN BANK
barclaycard Data Protection Act sent 08/06/06. 27/06/06 called to chase Data Protection Act. statements from 2004 onwards arrived 14/07/06. Total of £160. putting this one off until i can buy my statements. NEXT INSTALMENT COMING SOON, VERY SOON.
Re: New person - Going to try with Barclays and Barclaycard
yes I was asking about the £10 fee.
Happy to send a £10 note but concerned it will go missing. If I win the case and send a Postal order, I can either claim it back from the Bank or not bother as I would imaging the figure to be quite high.
Still unsure if it is £10 per Barclaysoverdraft (London) and £10 each for BarclayMastercard and BarclayVisacard both in Northampton.
Re: New person - Going to try with Barclays and Barclaycard
Yes it will be £10 per account. I would send a postal order anyway but send the Subject access request by recorded delivery. Give them nothing for free add the £10 charges to all of your claims. They have (EDIT) enough of your money already.
Edited - Please refrain from the use of language that could be libelous
NatWest Data Protection Act 08/06/06. 29/06/2006 recieved all statements. total £240. Letter for refund 07/07/06. offer of £90. lba lost by P.O. hand delivered 10/08/06. money claim 25/08/06. will be deemed served 03/09/2006. acknowledged 31/08/06?? SETTLED
barclays Data Protection Act sent 08/06/06. Printout from 2001 arrived 14/07/06 total claim £740. 11/08/06 £425 offer. LBA 01/08/06. moneyclaim 22/08/06. served 28/08/06 acknowledged. DEFENDED. COURT SET DEC 13TH. LETTER OFFERING FULL REFUND + COSTS 17TH NOVEMBER. 21ST NOV MONEY IN BANK
barclaycard Data Protection Act sent 08/06/06. 27/06/06 called to chase Data Protection Act. statements from 2004 onwards arrived 14/07/06. Total of £160. putting this one off until i can buy my statements. NEXT INSTALMENT COMING SOON, VERY SOON.
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)
Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.
Yours faithfully,
[name]
To Barclaycard
Sending the above letter, not adding anything further to it
Sending to this address
Barclaycard
Barclaycard House
PO Box 5592
Northampton
NN4 1ZL
Sending only one postal for the both accounts made out to Barclaycard
Addressed with my current Surname with (……) as I was Married 4 years ago
Detailed 2 accounts, Mastercard and Visacard numbers
Send by Registered post
Expect back only 2 years statements
Wait 40 days and then go to next step
Barclays Current Account
Sending the above letter, not adding anything further to it
Sending to this address
Barclays Bank PLC
Office 1
Churchill Place
London
E14 5HP
Send postal order made payable to Barclays Bank
Addressed with my current Surname plus (……) as I was Married 4 years ago
I had a rely from Barclays from original SAR letter.
Also returned my postal order which is no use to me as it's made out to Barclays.
We refer to your letter dated 31 July, which was passed to this department ......
Please be aware thet the Bank is not under an obligation to present information according to any particular format. Therefore, your request to a schedule of charges is turned aside. You may of course obtail this data from copy statements and these will be supplied to you within the next few weeks without charge on this occasion. As the Bank is providing the copy statements on a complimentary basis your payment is returned herewith.
As regards your mention of 2manual intervention2, the DPA does not oblige the bank to comment aboutinternal policies and procedures. .........
thought it was right but concerned that some threads seem to reply to the letter regarding the "manual intervention" information not being held and not being available.
got the normal response to the S.A.R - (Subject access request) sent to Barclaycard re charges for Mastercard and Visa only supplied me to May 2004.
ready to use the spreadsheet on this site (if i can find it again).
charges listed include
Exceeded limit - £20
Late payment charge - £20 interest on standard balance - various
Interest on cash balance - various
Cash adv/chq handling fee - £2
Which charges do I claim for
Do I just claim back the missing 4 years not given statements for as a guess or do I need to request them gain.
OK, I presume you have given them 40 days? if you haven't received all your statements in that time you can make an estimate based on what you have got, lets say you have one years and it comes to £1200 in charges you can divide the amount by the months i.e £1200 / 12 months = £100 a month. You can then multiply that figure by 6 years i.e 72 months X £100 = £7200. Even if they send the statements in say a weeks time you can change the amount you are claiming anytime up until you actually start the court case.
Next you can put late charges and exceeded limit charges also if you have any bounced DD or SO charges. You need to fill in this spreadsheet http://www.CAG-images.co.uk/a/barrac...arges-calc.xls where you will need to enter all what is asked including the interest on the statements so if you have £5 Int on standard balance and £ 5 Int on cash advance you enter as one amount in the spreadsheet, £10. This will work out your total charges amount + interest on those charges.
To give you a bit more info, I sent both Barclays (current account) and Barclaycard (Visa and Mastercard) SAR letters on 31st July.
Barclays responded with standard letter (statements to follow) on 2nd August with the £10 postal order returned. I will wait for 6 years statements before next action.
Barclaycard replied dated 5th August with standard letter stating only hold statements from May 2004 (Microfice) and kept my £10.
- Should I wait till the 40 days are up hoping for the previous 4 years statements or should I expect that they will not come and proceed with the next step of letter and spreadsheet asking for x amount with an estimate of 4 years of charges.
- although I think I understand what charges I can claim from Barclays (current account), which of the following can I claim from Barclaycard.
Exceeded limit - £20 Late payment charge - £20 interest on standard balance - various Interest on cash balance - various Cash adv/chq handling fee - £2
Barclays current account - You will have to wait the 40 days.
Barclaycard -again you still have to give them 40 days but you need to reply back with this letter http://www.consumeractiongroup.co.uk...-argument.html and change the bits to match your details, basically they are trying to fob you off. The microfiche arguement is used a lot by Abbey, they are trying to say that because the info is on microfiche its not covered by the SAR which is a load of sh$t. What I would do as well as sending the letter is to start working out a decent estimate for when the 40 days are up.
Exceeded limit - £20 YES
Late payment charge - £20 YES interest on standard balance - various Sort off, see spreadsheet Interest on cash balance - various Sort off, see spreadsheet Cash adv/chq handling fee - £2 NO
I know 40 days waiting is a nightmare but you have to do it otherwise your giving them the potential to come up with excuses and delays at a later stage.
************************* ****************
Nationwide
Won
Capital One
Won
Citibank
Part win
GE Capital
Won
I will send the "Abbey" letter immediately and will start on the estimate spreadsheet.
I'm going to have to make a lot of the estimate up, as for the last 6 months I've been paying Mastercard £14 per month (verbal agreement, no interest charged for £1,100 debt) and Visa £9 per month (verbal agreement, no interest charged for £650 debt).
Before that I was being hammered for late payment charges, I was paying regularly at the end of the month whereas the bills were in the middle of the month, and overdrawn charges which were due to the late payment charge taking me there in the first place.
I have highlighted the charges by Barclaycard from the given statements June 2004 until October 2005. There are no charges after that due to me agreeing a paying of £14.00 per month on a balance of £1201.00 and no interest added.
As I am expecting no further statements, am planning an estimate to send to them using the following charges ince June 2004
Late payment charges : £140
Exceeded limit charges : £160
Interest on standard balance (1.456%) - £65
Interest on cash balance (1.599%) - £210
questions to be asked please
- are all the above charges claimable ?
- given that there have been no charges since November 2005, how far do I claim back and what calculation should I use as an estimate
- although there are 20 days till the 40 day deadline, should I still send it now given it being unlikely I will receive any more ?
- this is just one of the cards (have 2), do i make the one claim or a total for the 2 (highlighting each card).
I have highlighted the charges by Barclaycard from the given statements June 2004 until October 2005. There are no charges after that due to me agreeing a paying of £14.00 per month on a balance of £1201.00 and no interest added.
As I am expecting no further statements, am planning an estimate to send to them using the following charges since June 2004
Late payment charges : £140
Exceeded limit charges : £160
Interest on standard balance (1.456%) - £65
Interest on cash balance (1.599%) - £210
questions to be asked please
- are all the above charges claimable ?
- given that there have been no charges since November 2005, how far do I claim back and what calculation should I use as an estimate
- although there are 20 days till the 40 day deadline, should I still send it now given it being unlikely I will receive any more ?
- this is just one of the cards (have 2), do i make the one claim or a total for the 2 (highlighting each card).
- how do I change/word the preliminary approach letter to be sent with my spreadsheet to say that August 2000 until May 2004 is an estimate due to not receiving those statements.
Use your "waiting time" (there'll be a lot of that with Barclays!) to learn all you can from this site; the FAQ, the template library, and other people's posts.
Barclays have a history of settling in full - but only at the last minute before a court hearing.
Be patient but resolute.
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.
Hills v Barclays
Bank about £2,500 (paying £56 per month after telling them can't afford to pay anymore). A lot of the money is interest due to being overdrawn.
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arrived 14/07/06. Total of £160. putting this one off until i can buy my statements. NEXT INSTALMENT COMING SOON, VERY SOON.
