Thread: New, confused and needing help, but ###won### anyway!!!

Hi, hope someone out there can help me- i'm finding the negotiation of this site rather difficult. It's taken me three days to work out how to post a new thread (never used a chat room or a forum b4!!). I've received my statements from Barclays and started working out how much they've "taken" from me, then I found I can claim interest etc. -BUT when i eventually found the spreadsheets I couldn't download them; or more correctly, my comp seemed to download but couldn't open them - good old windows said it needed to know which file made them b4 opening and then couldn't find the file. This marked the end of my computer knowledge so I'm stuck. don't know if it's a prob my end or the sites

There is no headache like a technology headache!!

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Hi Basil.

First, please edit your post to read......

I've received my statements from Barclays and started working out how much they've taken from me,

Your choice of word is potentially libelous.

I imagine the problem you're having with the spreadsheet is that you don't have MS Office installed. I suggest that you download the free Open Office spreadsheet program. Then download the open-office version of the spreadsheet template.
That should get round your problem.

Regards, Rooster.

Thanks for editing your post, promptly.

Rooster.

Hi Basil, to find your thread, go to the top of the page when you are logged in, there is a bit on the left of the menu bar called 'User CP' this is your control panel. if you click there, you will be able to find all the threads you are subscribed to. This one should be one of them, as will be all the ones you reply to.

In your spreadsheet, delete all the bits that are generic example entrys such as the account details and name and so on. Insert all the info that relates to you. the same is true of the values, dates and charge descriptions in the main part of the spreadsheet.

As to interest, there are a good number of people who are claiming contractual interest (i.e. the same rate as the bank charges for unauthorised borrowing) a lot of other people choose not to do this. . The interest in the simple spreadsheets is 'statutory interest' usually calculated at 8%. You should keep track of this in your spreadsheet but only apply it to the claim once the case is at the court stage. Your initial demands from the bak should only be for the actual charges (and contractual interest if you decide to go this route). It's up to you which route you take but make sure you understand which is which and why you are claiming what you are

Hope you found your thread again, by the way, and can actually see all this

1. A lot of people see it as 'hassle', some don't realise they can claim it, some feel it may jeopardise their case in the view of the court as seeming antagonistic and greedy, some are terrified of maths and see it as being very complicated. I haven't claimed it on my initial Barclay's claim for a combination of the above but have claimed it on my Mint claim which is more clear cut as to what the interest is for and the rate payable.

Just my opinion.

2. Here is the rub. Do you charge it at the banks current unauthorised borrowing rate, the historical rate at the time of each charge, the current authorised borrowing rate? It is all a bit unclear. My opinion (entirely unfiounded in experience and knowledge) is that the current unauthorised borrowing rate is the one to go for. It is what the bank would charge you in present situation for straying over your overdraft limit and it is published and provable. You may disagree as may the next person who comes along. I think a search on 'contractual interest' will yield a good assortment of opinions each way.

just sent off my request for payment. fingers crossed.

Good luck, please let us know how you get on.

have heard absolutely nothing from Barclays, so now have sent off the letter before action. wait with bated breath for a response to this one

well it's no surprise that i heard nothing from Barclays ref Letter b4 action, I've been a bit tied up with other things and neglected this claim somewhat but I am going to file my court claim 2morrow. Just hope I've filled the form out correctly, these things give me nightmares.

Hi, put my claim in at the courts yesterday, they checked the forms and everything was ok.

Today I finally heard something from Barclays. This is the first time they've responded to any of my letters regarding this claim, but they make it sound like they've written before.
Anyway, the author of this letter is a Jon Rice - customer relations advisor. I presume this is the usual bumph they send.

"sorry your're unhappy blah blah; terms and conditions when opening an account blah blah; all fees charged in accordance with T's & C's blah blah; willing to offer £££ as gesture of goodwill (nowhere near the amount they owe me in charges, never mind the interest); 8 weeks to respond; aim to resolve all complaints internally, if unable to agree speak to financial Ombudsman, hope to resolve matters for you before you take this step blah blah."

Also enclosed is form for me to sign accepting this piddling amount "IN Full and final SETTLEMENT OF MY COMPLAINT", which they want returned within 7 days.

I presume my next step is to decline their 'generous' offer.

Received a letter from the courts today called "notice that acknowledgement of service has been filed" dated 30 April 2007.

Barclays has responded to the claim with an intention to defend all of the claim and they now have 28 days from date of service to file a defence. This was filed by Barclays solicitors who have given the following name and address for service of documents.
Barclays Legal: litigation & Disputes
level 29
1 churchill place
london
E14 5HP


I still haven't received a date for the court hearing but can anyone tell me what I do now while waiting out this 28 days.

Thanks, Heather.

Hi, nothing to worry about here, it is running as it always does, the next stage id B's will enter their defence [if they remember].
You need to if havent already, send in an updated SOC to both parties with:
http://www.consumeractiongroup.co.uk...laim-line.html
Send this to Barclays at the address you have and by recorded delivery
Next you will get the aq [if it hasnt been dispensed with]
Then it gets transferred to your local court, with you hearing from the judge of any directions required.

In the meantime if you havent already, have a read here to prepare:
http://www.consumeractiongroup.co.uk...rt-bundle.html

hi,courts sent me a copy of Barclays defence 2day, the usual refuting of the illegality of their charges.
However I don't understand the last paragraph so if anyone out there can translate Barclays legalese into english i would be eternally grateful.:grin:

"In the alternative, and without predjudice to mastters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforcable as alleged by the claimant or at all, and the charges were a consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event the defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant."


At no point have i received an Allocation Questionaire, is this normal, have they stopped doing them??

DAR£N - Thanks for your advice, you said I need to send an updated SOC to both parties, excuse me being thick but what is an SOC and who are 'both' parties

I don't understand the last paragraph

Standard Barclays defence - no worries.

At no point have i received an Allocation Questionaire, is this normal, have they stopped doing them??

It is pretty common now for the courts to dismiss the aq in an effort to speed these claims up --- be aware tho, the judge may still order you to pay for it.

you said I need to send an updated SOC to both parties, excuse me being thick but what is an SOC and who are 'both' parties

oops. SOC's = Schedule of Charges = list of charges claimed [spreadsheet]

both parties = Barclays & The Court.

If you havent already sent these, send them now without delay with this:
http://www.consumeractiongroup.co.uk...laim-line.html