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.
My account has been over its overdraft for several months and the 90 pounds of fines i accumulate every month have not helped this issue.
Therefore i am fighting back.
After reading everyones posts about sending off the SAR and everyone getting their money back and being sent statements i have decided to just request statements, so i have 6 years of bank statements on their way to me.
On receipt of these i will calculate the monies owed by Barclays and will proceed with my claim.
I estimate these to be in excess of 500pounds and this will successfully put me back in credit once claimed.
Don't claim the interest till you go to court. You must only show you are claiming the charges back. Once you submit your court claim you can claim the 8% interest.
My advice is only my opinion, I am not a legal expert.
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i know how much i need to claim back, i send off the "request for payment of charges" letter right?
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
now, they have taken 655 pounds plus what?
is that where i calculate interest on my overdraft using the advanced spreadsheet? i was told you dont claim back interest until later or is that the interest on the actual charges?
quite confused as to what i am asking for at this stage
1.When you go overdrawn the bank will charge you interest, perfectly lawfully.
However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.
Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this
It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother
This is the interest referred to in the preliminary and lba letters.
2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim
cool. thats sort of what i thought. started putting in it, but because i had a student account with a large interest free overdraft it was not worth filling in. will claim for my charges then add 8% when it gets to court.
just a quick update. case was filled online, and the information has been issued to Barclays on the 29/1/07 so i now have to wait for them to come back.
anyone want to guess what day they will file a claim, if they infact do file
Total number of days from submitting MCOL is 33. Allow 5 days for claim to be served, 14 days for bank to acknowledge and then 14 days for them to defend. If they acknowledged today they have only another 14 days to submit their defence.
Now Barclays have acknowledge you need to supply both Barclays and MCOL with up-dated schedule of charges.
this morning i got through "an acknowledgement of service" and that says "the defendant now has 28days from the date of service of the claim form to file a defence.
so presumably, as you say, 14 days have already gone so another 14 left.
i will send the bank and the court an updated schedule with interest upto today presumably?
Barnes v Barclays **WON**
i should send the letter. The registration search brings up a couple of london addresses.
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