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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    Default Donna Vs Barclays *** WON ***

    Hi I have been reading this website forum and done a lot of research on this bank charges thing for a while now but I have sort of cocked up!

    12/08/06 I received my statements on 12 August 2006,
    17/08/06 Sent a letter requesting payment of charges for £1390, however I included the 8% so requested £1621.41

    I then realised I should not have included the interesticon unless it goes to court as this is still mounting up with days passing.

    24/08/2006 Received the usual we are taking it into consideration letter back and they will get back to me by 18/09/2006, however I forgot about the whole thing, went away and stuff and then realised it was too late to send the 14 day lbaicon.

    13/09/06 I received a letter today offering me £300

    But the letter is awful, I have typed it below

    Dear Miss Jones

    May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elements, which you feel support your claim. Barclaysicon is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.

    Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £300 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in Full and finalicon settlement of your complaint. If you would like to accept my offer please sign and return the enclosed form in the pre paid envelope provided. I will arrange for the payment to be credited direct to your account within 7 working days of receipt of your acceptance.

    If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the financial Ombudsmanicon Service.

    Sincerely
    Lawrence White
    Customer Relations Manager


    So now I don’t know what to do? The offer is a joke? Not even half!!!!!! However which letter do I send back? And has anyone received this letter too? It’s so patronising? Has anyone else received this from Lawrence White?

    Help for the next step is seriously needed and would be greatly appreciated.
    Regards
    Donna


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  2. #2
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    I'm confused as to what stage you are at - you were due to send the lbaicon about a week ago - did you send it?

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  3. #3
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    If you haven't sent the lbaicon letter, you need to send it a refuse the goodwill offer or accept it as partial payment and you will be seeking the rest through court.


  4. #4
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    I did not send the lbaicon as I was away, then thought it was too late last week so left it, so do I now send it with a refusal on the offer?

    I still cant believe they only offered me £300!!


  5. #5
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Yes - send the lbaicon but amend it slightly to reflect the current situation and the fact you have received an offer.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  6. #6
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Thanks again for you help, I have drawn up this letter, what do you think? If its ok then I will send it!

    [deleted by Mod]



    Hope you dont htink it sounds too arsey!


  7. #7
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    I've deleted your letter because letter templates are available in the templates section for registered users only, please don't post them here. Also I don't think it's a good idea to display your name and address on here! ;-)

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  8. #8
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Ooops thought I deleted my address, I took the letter lbaicon from the templates libraryicon and amended to fit my situation, what did you think of it?

    Thanks, don


  9. #9
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    Exclamation Re: Donna Vs Barclays (may Have F***ed Up!)

    Hello Donna

    What they have offered is a joke!!! Send a standard rejection letter stating you are prepared to go all the way and will file money claim on line if they do not cough up in full in 7 days.

    I received the same arogant letter from Lawrence White. My second letter was also rejected and am in the process of going to court. Barclaysicon have defended my claim (shock horror!!) and am awaiting a court date.

    Why can't the just cough up?

    Keep going and don't give up.

    djd


  10. #10
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Thanks DJD,

    Did Mr White offer you anymore? I was just surprised to hear others got a 50% offer!! I did not even get a third!

    I sent this letter yesterday, so will be starting court proceedings! As you can see I had to alter it slightly to fit my error previously! so included the rejection then went into lbaicon!


    EDIT, LETTER DELETED, as Baracad mentioned previously these letters are not to be copied into posts as they are only to be used by registered members of the forums and access to the letters requires someone to register to read them.


  11. #11
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Donna.............receive d the exact same letter from exact same git at exact same shi*ty bank. My offer was approx same percentage as your offer. Itoo received the letter about 8 weeks ago but have been v. busy so had not replied to git so I am in exact same situ as you.

    Good luck and hope we won't meet in court

    Geoff


  12. #12
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi Donna

    Barclaysicon offered me £975, which is approximately a quarter of the amount being claimed (£3800). I too made the mistake of not reclaiming interesticon!!

    I requested 6 yearsicon bank statements, instead they sent me the above offer? A little premature if you ask me, I had to ask my self what were they hiding. Anyway, once I had calculated the charges, offcourse their offer was refused.

    Still awaiting court date, just hope its not in the new year like some others.

    Barclays continue to charge me. I hope everyone wipes the floor with them.

    You should recieve a standard letter something to the effect: I am sorry you have decided to decline our offer of goodwill. So start counting down the days, the sooner you log your claim online, the sooner you will hopefully receive some money.

    On another note, my sister banks with Halifaxicon, made a claim on line (moneyclaim) last Friday and received a letter yesterday offering full amount if court action stopped. Wish Barclays would be more cooperative.

    Good Luck

    DJD


  13. #13
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi Donna
    Yep, me too! I was offered £1,000 when my claim is for just under £5,000. As Geoff471 said, same sh*tty bank!
    Heidik


  14. #14
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi Everyone,

    Thanks for your comments, views and stories, I have sent the letter as seen above on Sunday, so as from today I am counting down the 14 days to then log my claim!

    If I hear nothing or no improvment on there previous offer I will be taking them to the cleaners! (well sort of!) I would also like my money for Christmas but a holidayicon next year instead would be just as nice!

    The most ironic thing is when, or if, I log the claim at the small claims court, I will be paying for it using my Barclaysicon debit card! LOL

    Will let you know how the next 14 days goes!
    Thanks,
    Donna,x


  15. #15
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Ok, I have not received anything from Barclaysicon, since I sent the ubove letter.
    And it has been 14 days now.
    What is the next step, I am slightly concered as I have threatened cort proceedings. I know I have to go to the https://www.moneyclaim.gov.uk However do I included interesticon at this stage and will I get the fees back?
    I have registered on the moneyclaim website just need to start my claim!


  16. #16
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    You do include your interesticon and MCOL will add the fees automatically to your claim. Have a read of the FAQ's (MCOL's) as this will help guide you along. You can save anything when you have started so don't rush it!!

    Good luck.


  17. #17
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    As you have already sent the lbaicon, they have now had 28 days to respond to your claim, so the the next step has to be Moneyclaim.

    interesticon can now be added to your claim, (this is the 8% interest allowed by the court) and yes, you will get all your fees back.

    Good luck

    Preliminary Letter sent to Woolwich 05/06
    LBA sent 19/06
    Court claim filed 04/07 : Total £824.75
    Acknowledgement of Service 27/07
    Defence received 08/08
    AQ filed 11/08
    Barclays AQ filed 05/09
    Hearing date 20/12
    SETTLED IN FULL £840.49: 14/12/06

  18. #18
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi, don't forget to complete the spreadsheet which calculates the correct interesticon charges and forward this to the courts. quoting your claims reference no. (templates, interest calculation s/sheet)

    I am at the stage now where the court has requested this information (was previously sent, so fowarded a copy) within 14 days. The courts have also requested that Barclaysicon provide full details of evidence it has in its possession that the charges reflect that administrative terms of each charge?

    The court has made this order of its own initiative without a hearing - hopefully I am nearing the end, who know's?

    You really don't want anything to delay your claim.

    Good Luck


  19. #19
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi,

    Ok, to update, I have today filed my claim online at the moneyclaim website, now what happens next? Do I need to send a letter to Barclaysicon? I Did send them a letter turning down the £300 offer but heard absolutley nothing back. And its taking me three weeks to file a claim, and pay the £120 with my Barclays debit card! How ironic!

    Anyway please let me know what I need to do next? Also do I need to send the court my statements of charges? Or spreadsheet of charges? Sorry If I sound stupid but its taking me a while to get the guts for this so far! and I am worried they will close my account or something?

    HELP,
    Regards
    a worried donna,x


  20. #20
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    Default Re: Donna Vs Barclays (may Have F***ed Up!)

    Hi Donna

    Some people (it is advised) have already set up a new bank account as a precautionary measure.

    I sent Barclaysicon (after moneyclaim online) a letter stating:

    'I am writing with reference to the N1 court form that has been issued on my behalf from the court service. As this claim was processed online, please see enclosed supporting documents as to the account number and a schedule of the penalty details and calculations, derived from the bank statements/transaction that you issued upon my request.
    This was to ensure there are no discrepancies as to the clarity of the claim and particulars although I have sent all of this information in previous correspondence. I will send this information to lodge on my file, direct to the court.'

    I sent a copy to the court so they have proof of this on file and one to Barclays along with yet another schedule of charges! You can send a copy of the N1 but the court will do that. I waited until the form had been served to the defendant (which you will be informed of the exact date via post!)



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