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After reviewing my statements from Barclays I calculated that they had taken £1295.00 in charges. Added to that was £228.00 in overdraft interest (calculated from spreadsheets provided).
Due, due to previous financial troubles I entered into an IVA 3 years ago therefore any monies I receive must be declared to my supervisor and in all likelihood I will only be able to keep £500 plus any costs. (There is a chance I may keep more as I am arguing that this is not technically a windfall as it is money I have paid out).
Nevertheless, I decided to claim the full amount from Barclays and yesterday filed my claim through MCOL for a total of £2180.00. Barclays are one of my creditors (my account was closed with a £4000 negative balance) and I am paying them back around half via my IVA.
I have sent off my charges etc to the courts and again to Barclays. I will update when I hear more and hope that I can rely on you good people for helpful advice along the way.
Hi
Lets face it if Barclays hadn't deducted these charges you may not have got into quite the financial difficulties that you have. It just drags us all down into the mire of financial distress. Hang on in there and good luck, this site wil help you through as there are people who have experienced every eventuality now
Olly
Many thanks for your kind words. I managed to obtain 12 years worth of statements from Barclays and in total my claim would have been over £7000 sadly my knowledge of the "limitation act" is limited so I decided to for the conventional 6 yr route.
Totally agree that the charges were a contritubtory factor in my falling into a financial mess. Glad to report the financial situ is 100% better and life is as good as it has been.
Hi,
Once your six year claim is done, there's nothing to stop you going back to claim the earlier charges back as a separate issue. By the time you get to that stage, maybe these claims will be a little more 'standard'.
I appreciate your circumstances; been there myself, and I often wonder just how much distress the banks have caused with their attitude over the years.
They have no excuse. Get every penny they owe you.
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
Thanks oneofakind. Im sure once this one is over I will be a little more confident and knowledgable to tackle Barclays over the initial 6 years of bank charges.
I will keep you updated on my progress and thanks again.
Hi, Once your six year claim is done, there's nothing to stop you going back to claim the earlier charges back as a separate issue. By the time you get to that stage, maybe these claims will be a little more 'standard'.
I appreciate your circumstances; been there myself, and I often wonder just how much distress the banks have caused with their attitude over the years.
They have no excuse. Get every penny they owe you.
Hi Oneofakind,
Ive been reading up on the issues of claiming over 6 years ago. Stupidly I threw away my statements from 1993-99 as I didnt think I could claim, I recall the charges were around £3000 for that period.
At the end of this current claim I will be sending another SAR and begin a second claim against Barclays.
Will the fact that I will be issuing two seperate claims be detrimental in any way?
Will the judge see my "failure" to recognise this as a problem?
Will the fact that I will be issuing two seperate claims be detrimental in any way?
Not in any way at all, you may be called a 'Serial Litigant' as one was by Barclays but theres nothing stopping you.
In fact you didnt know at the time of claiming that you could claim further than 6yrs, cos if you did you would, right?
You MUST amend the settlement agreement when you finally get it,
a) strike out the confidentaility sentance
b) strike out anything that suggests you will not claim against Barclays in the future.
It seems like a fairly simple issue on the surface: because the banks concealed the nature of their charges, they do not have the protection of the limitations act.
But then, I'm not the judge.
In my opinion, we should be able to make claims as far back as we can obtain or provide proof of charging. The banks have been making their increasingly obscene profits on the back of their charging regime whilst hiding the facts from their customers, how can anyone take action against them when we don't know they are acting unlawfully?
Because the excessive charges only became common knowledge when the OFT made their report last year, I consider we still have a 5-year window to claim.
The 6+ years claim is still somewhat uncharted; I'm still trying to get data pre-2001 from Barclays, but I'll be claiming. I'm sure I have a few old statements lying around in a boxfile somewhere, too.
I don't think a judge should see your 'failure' as a problem. The point is that you can't recognise what you can't see, so your 'failure' is the same one everyone else has!
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
Excellently worded response....."how can you claim for what you cant see?"
Even though I am at MCOL stage for last 6 yrs worth of charges I might as well send my SAR now and have the data available when this claim is settled.
I received 12 years of stament from Barclays, why did you only receive upto 2001? If you need any documents I have a letter from them stating they hold date from 12 years !!
I managed to obtain 12 years worth of statements from Barclays....
Hi tcom,
How did you manage to obtain the 12 years worth of sdtatements? was it via a S.A.R - (Subject access request)? if so was it the one off of here?
ta very much.
Hi,
I issued the standard SAR asking for full details of my banking history with Barclays. Been with them 14 yrs they issued me with 12 years stating thats all they held.
Hi TCOM,
I sent Barclays the standard SAR letter; they sent me 6 years data!
Seems to be a common thing, I don't know of many claimants who got ALL their data straight off. Looks like you've been lucky!
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
The latest update is that according to the MCOL site, papers were deemed served 24th April 2007.
Am I right in thinking that Barclays then get 5 days to receive the papers and then 14 from then to acknowledge the claim then another 14 days to enter a defence etc.....
Can someone also confirm that the address I issued against which was the Litigation Dept at Barclays, was or is that correct.
As far as I know, you're right, so they have 14 days from 24/04 to acknowledge, the 14 more to submit a defence (which often can be 16 or 17 days!!!)
I filed at my local court last week, have heard nothing yet.
Yes, you have the right address.
BTW, you mentioned earlier that you had a letter from Barclays stating that they held 12 years info: is it something you could pm to me? I'm still trying to get my pre-2001 data from them. They haven't replied to 2 letters so far....I can feel another court session coming on!
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
I knew I could rely on you for a quick and positive reply. Given that the 14 days stage for acknoweldgement passed on bank hol monday do you think that it is worth pressing for judgement today (16th day?).
I am totally rubbish when it comes to scanning or emailing docs however, I will fax you my letter from Barclays re: 12 yr data (tomorrow as it is at home in my apartment) if you want to pm me a fax number?
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
Thecolourofmoney v barclays ###won###
I calculated that they had taken £1295.00 in charges. Added to that was £228.00 in overdraft
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Originally Posted by oneofakind
Re: My claim - Now at MCOL stage with Barlcays
