MrPromiscous V Barclays Bank

[mrpromiscous]

Hi guys, ok so I've started action finally against Barclays after siftin' through this tremendous site for sevaral weeks learning from others experinces. However I've dared to be slightly different at the initial stage. Instead of issueing an SAR to Barclays with a 40 day period and supplying a cheque for £10 I requested my copy statements directly via the telephone (28th July 2006) and was charged only £5, furthermore I recieved them within 10 days. Now I'm not saying this is the future....simply giving options....... The only draw back to this as far as I can see is they hav'nt had to answer the subject of manual intervention on my account however I'm yet to see a single case where this has been used by any bank as a defence for charges so I'm willing to proceed without it.

Tommorow I will send the preliminary letter for repayment recorded delivery, dated the 9th August and therefore will be issuing the LBA on the 23rd of August.... I'll keep you all posted !!!

 

MrP

[callumsgran]

welcome and good luck to you!

[lisamellor]

GO ON MR PROMISCOUS...... WONDER WHY YOU CALL YOURSELF THAT!!

 

lisaxx

[mrpromiscous]

Ok guys update time.....drumroll.......... CRASH !!!

Recieved a reply today from Barclays in connection with my preliminary letter for repayment.........

 

Dear,

MrPromiscous

I refer to your recent letter regarding the charges you have incurred.

All correspondence has now been passed to me in accordance with our internal complaints process. I am committed to resolving your complaint as quickly as possible and i will investigate the matter thoroughly with due regard to your comments.

I expect to be able to contact you again by 8 September.

Please find enclosed a copy of our complaints leaflet, which explains how we deal with this matter.

Thank you for your patience. Should you wish to discuss this matter further, please do not hesitate to contact us on 0207 116 4561.

Yours sincerly,

Mike Brophy

Head of Customer Relations

Well guys apart from the fact it was a written signature, the basis of the letter is quite obviously generic so tut tut tut Barclays !!!

And more to the point.... their deadline for the LBA is 23rd August and their telling me to expect a reply to my prelim by 8th Sept...... I THINK NOT Mr Brophy !!!

[mrpromiscous]

Request for 6 years worth of statements made via telephone and £5 fee debited from my account for this on 28th July 2006.

[mrpromiscous]

Statements recieved from barclays on 8th Aug 2006. Along with this letter:

 

Dear,

MissPromiscous

Here are the copies of the bank statements you asked for.

You'll notice that the copy is not an exact duplicate of your original statement. This is because we produce copies of bank statements in a slightly different way.

The copy may include details from past statements that have been sent to you. Where this is the case we've inserted a dotted line. Above the dotted line you'll see the statement number and the date it was issued to you. The particular statement you requested will appear between two of these lines.

There is a small charge for supplying copies of statements to cover admin costs. We've debited your account with £5.00.

If you have any questions, give us a call on telephone number* shown on the back of your statement.

Thanks for banking with us. (is this Barclays humour)

Yours sincerly,

SMK (i think....this guys signature is ermmmmmmmmm dodgy)

For and On Behalf Of

Centre Manager

[mrpromiscous]

Right everyone sorry for going AWOL but it would appear that internet service providers are as useless as these banks were fighting !!!

[mrpromiscous]

well heres whats happened... quite alot really, sorry once again....

[mrpromiscous]

In my last post I had recieved a reply from Michael Brophy in connection to my prelim letter for repayment of charges dated 18th August. I sent my LBA on the 23rd August and recieved the following reply on the 28th August :

 

Dear,

MrPromiscous

I refer to our letter of 15th August 2006.

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. Barclays is aware of the information you have drawn to our attention. I must inform you that we disagree with your view.

When an account is opened with us, our customer is provided with a copy of the terms and conditions relating to the use of their account, including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the terms and conditions, we provide details of these changes to our customers in line with the banking code. Details of our terms and conditions along with our charging tariff, can be obtained at any of our branches, or via our internet site www.woolwich.co.uk/barclays.co.uk.

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 £850.00 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 final 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 seven days of recieving your acceptance at this office.

If you wish to discuss this letter, or feel there are further issues I need to consider, please contact me on 02071164561, or on our free phone number 0800282390. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the financial ombudsman se2lrvice.

In accordance with our standard practice, if I do not hear from you to the contrary within eight weeks from the date of this letter , I shall assume that your complaint is resolved and close my file.

Yours sincerly,

Laurence White

Customer Relations Manager

[mrpromiscous]

I then sent a letter on the 5th September stating that I would accept their offer but only as partial payment of the full amount I was still seeking and recieved the following reply on the 8th September :

 

Dear,

MrPromiscous

Thank you for your letter of 5th September.

I am sorry you remain unhappy following our response to your complaint and note that whilst you are accepting the amount offered, you will be seeking the balance by other means.

I confirm our offer, made as a gesture of goodwill, was in full and final settlement of your complaint. As such, I am unwilling to pay you the sum of £850 as an interim measure. I acknowledge that you require your claim to be settled in full. However, after careful consideration, I regret that I am not able to increase our offer.

 

Should you wish to accept our offer of £850, please sign and return the acceptance form enclosed with our letter dated 28th August. If you do not wish to accept our offer in full and final settlement, it/+#nswould appear we are unable to reach a mutually acceptable resolution.

 

I apprieciated this is not the response you were hoping for, but I trust I have fully explained the banks position.

 

Yours sincerly

 

Jackie Walter

Customer Relations Manager

[mrpromiscous]

So it would appear that I have no choice but to file a claim against them..... something I should have done a week ago I know but as a monthly paid peep I had no choice but to wait..... Thursday is pay-day though so Barclays beware !!!

[Welshman]

Those are typical responses.

 

Go for the jugular!

[Bookworm]

*Yawn*

 

After months and months of us badgering them, you'd think they would have come up with new responses....

[mrpromiscous]

Ok so I filed a claim against Barclays on Sunday 7th October using MCOL and was allocated Northampton county court strangely enough bevause I live in Romford Essex but seen as I doubt it will get that far anyway I won't complain about this yet....

This is the extract I used on the limited space avaliable on the MCOL online form for others to use because it is quite alot of effort to get all the required info into 1080 characters and 24 lines so feel free to copy and paste this... remember to change the red sections to suit your particular claim tho !!!

 

 

1. The Claimant has an account 12345678 with

 

the Defendant, opened Apr 2001. 2. Since

29/03/03 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £0000; (b) Interest per

S.69 County Courts Act 1984 of 8% - £000.00

continuing at 8% until judgment or

settlement at a daily rate of £0.00022; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the court.

[mrpromiscous]

After filing the claim I sent a copy of my schedule of charges to Barclays Head office along with the following letter :

 

7th October 2006

 

RE : Notification Of Claim

 

 

CLAIM NUMBER : 00000000

ACCOUNT NUMBER: 00000000 - Sort Code 00-00-00

Dear,

Sir/Madam

Today I filed a claim against yourselves as warned in all previous correspondence between myself and Barclays in respect of repayment of charges from the above account.

It is with regret that it has come to this but I feel I have given ample opportunities to avoid this action without success. For your records I enclose a further copy of the schedule of charges for which I am claiming.

I would like to take this opportunity to state that even at this late stage I am willing to accept a complete refund of charges inclusive of interest and costs incurred by myself and would drop all legal action against your organisation.

Yours Sincerely

MrPromiscous

[mrpromiscous]

Does anybody know what I need to send to the county court ??? I know I have to send them a copy of the charges but is there anything else ???

[sandbag]

Hello Mr Promiscous - i am at the same stage as you - would you mind if i also use your covering letter? I was thinking what to put in mine and yours seems to cover it.

Regards Sandbag.

[mrpromiscous]

Feel free to use anything I've posted sandbag, I've recieved lots of help from people on here thats why I'm trying to include details of every step of my case. Good luck matey

[sandbag]

Cheers and good luck to you too - i'll be watching your thread with interest.

Cheers Sandbag.

[Welshman]

Hi. You should also send a copy of the schedule with the 8% interest added with a short covering letter. The letter and the schedule should have the Court Claim reference number added to the top and in it just ask if they'd be so kind as to add the schedule to your file.

[victimnomore]

Don't worry about the court location.

 

It's just standard procedure.

 

All claims through Moneyclaim are initially handled by Northampton CC because thats where MCOL is based. If the claim is defended (as you can expect a claim against Barclays to be) the case is automatically transfered to a local county court - the defendant's if the defendant is an individual - or, as in our case, the claimant's if the defendant is a limited company.

 

So the case should end up at YOUR local county court.

[mrpromiscous]

Ok I filed my claim online via money claim online on 8th October and recieved a letter from the court on the 10th informing me that :

 

Your claim was issued on the 9th October 2006.

The court sent it to the defendant by first class post on the 9th October 2006 and it will be deemed to be served on the 14th October 2006.

The defendant has untill the 28th October 2006 to reply.

As I stated before I'd sent Barclays yet another copy of the schedule of charges for which I am claiming and today I sent an identical copy to the court with the following covering letter :

 

 

11th October 2006

RE : Claim Number 6QZ*****

 

Dear Sir/Madam,

Please find attached a schedule of charges in connection with my claim against Barclays Plc submitted via money claim online on the 9th October (claim number above) for your records. Should you require any further information please do not hesitate to contact me via the address provided.

Yours Sincerely

MrPromiscous

I shall keep you all posted of any updates to my case although I would assume that nothing will happen untill the 28th October when at the eleventh hour Barclays shall sumbit a defence..... I might be wrong.... but I rarely am haha !

[Welshman]

Hi, yes that letter is fine. The only thing I added in mine was that I'd sent a copy to the Bank. I think it's no big deal.

 

Good Luck

[mrpromiscous]

Just a quick update you hot lil biscuits.... my claim was acknowledged by Barclays on the 25th October so they now have a further 28 days in which to submit a defence..........yawn........ these stallin tactics are really startin to get on my ti...c tacs !!!!

[mrpromiscous]

OK peeps Barclays have finally submitted a Defence on the 9th October, I've just got to wait for my copy to arrive to see what they've gotta say for themselves althoug I'm sure I'd have already seen a carbon copy on here anyway !!!