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Everything posted by argyle

  1. LOL Mrs Froogle. Your splitting my sides Mrs Froogle. I'm afraid you will probably have to send your bundles before Barclays entertain you with a settlement(Sorry) When i phoned on the 8th my bundle had to be in by the 11th. Barclays on the phone said that they will call me soon however they still have yet to receive my bundle(nice of them to remind me). Thing is they never sent me their defence. As soon as the defence hits their desks and your court date is on the doorstep they will settle. Barclays said to me before we agreed settlement on my terms and i quote."Mr xxxxx we at Barclays do not wish to goto court therefore we wish this matter resolved today how can we make this happen" That was the exact words said to me on the phone. Hope it gives you more of an insight into the people you are dealing with. Argyle.
  2. Hi Mrs Froogle Certainly won't harm your defence in court if you do the above. However it seems Barclays are very keen to let this goto the wire. For instance i phoned Barclays with 2 weeks to my court date and i finally received a phone call 3 days before i was due in court. Good Luck with what you do. Argyle.
  3. Hi Everyone. Just a final update for you all. My claim against Barclays has been finally settled. They left it late but everything has now been resolved. Just to let you know i phoned Barclays on the 8th told that someone would contact me soon. On the 15th received a further offer but it was short of my calculations. Never replied to the letter and i finally received a call from Barclays asking if i had received their letter and am i happy with their offer for settlement. I replied that yes i had received the letter however the figure they offered was short of my calculations and the confidentiality clause i could not agree to. I was promptly told that Barclays wanted to settle this and avoid court and that could i ammend the figures on the letter and cross out the confidentiality clause and fax the letter to Barclays. This i did and today the money has been deposited into my account. I would like to thankyou all for showing me the way and supporting me in recovering our money. Celebrating with champagne tonight. To all of you out there still fighting keep going you will win. A donation will be made shortly as a thankyou to ensure the survival of this wonderful and friendly site. Thankyou each and everyone of you. XXXXXXXXXXXXXXXXXXXXXXXXXXXX Argyle. P.s could someone change my title to WON!!!! thankyou.
  4. Yes wait 14 days then send your LBA. Argyle.
  5. Well Done Sarah. Great news i'm glad things have worked out for you. Finally enjoy your money. Argyle.
  6. You hit the nail on the head Sazafraz with the statement above. That is how you should explain it to Barclays. Good Luck. Argyle.
  7. Hi Sazafraz. Did you claim the interest that had accrued when the bank charges were applied and then when you filled in your Mcol add the 8%. Sounds to me like you have claimed bank charges + the charges interest and the 8% interest you can claim when you goto Mcol. When you have a bank charge applied the banks add an interest charge on normally around 27% along with the charge. I reckon thats what you have done. Argyle.
  8. Hi Burns. Well done for starting with your Mcol. Send a copy of your updated schedule of charges to Mcol and a copy to Barclays. Attach a little note with the charges detailing your case number and kindly ask the court to attach it to your file. Makesure you now include the 8% interest. Now you need to wait to see if Barclays will defend most cases they will and they will leave it to the last day. Good Luck. Argyle.
  9. Hi Bumface. Stick to your morals. £400 is alot of money just to shrug your shoulders to and say you have had the majority of the money back. You can be sure Barclays will pay all the outstanding money, do you think they would ever let you off the money if the roles were reversed? Be strong you're nearly home and dry. Argyle.
  10. Yes that will suffice Martin. Argyle.
  11. Hi Dave. It won't get any harder than what is has been for you up until now. So you can relax. From now on its pretty much a waiting game until your next move. You will need to wait a maximum of 33 days from submitting your Mcol to your next response with the court. So would suggest reading a few more threads read somemore on the Faqs and chill. Fun begins now. You could have a look at my thread if you get bored :grin: http://www.consumeractiongroup.co.uk/forum/barclays-bank/22107-argyle-barclays.html Argyle.
  12. Hi Nikki. Have a little look at my thread that should give you an idea how things will likely to progress. http://www.consumeractiongroup.co.uk/forum/barclays-bank/22107-argyle-barclays.html Argyle.
  13. Hi Tadmeister. Yes submit an updated schedule of charges with the 8% to Barclays and a copy to MCOL with a letter asking them to attach the charges to your case. Makesure you include your claim number in the letter. No. Mcol will tell them soon enough lol.
  14. Hi All. Just an update on my situation. Today received a letter from the court saying that my case has been referred to the small claims track and that my case will heard on 25th January 2007 1030am. I have to submit court bundle by the 11th January. Now at least i can see when this whole thing is due to end. Just a pity it can't be settled by Christmas. Ah well just adds more interest to my claim against Barclays now. Argyle.
  15. Hi Tom. It's actually 40 days Tom. With regards to SAR i never sent one. I phoned Barclays after receiving a charge and requested they refund me at the time the £30. They refused so i decided there and then to reclaim all the charges over the years i had incurred them and requested my statements on the phone which took 10 days to arrive and i was never charged:-) . That £30 charge has cost them alot more now. Some people send the SAR, others don't. I have noticed to date that it doesn't seem to affect claims if you don't send the SAR but then again i could be the first test case you never know. Barclays i think are really worried about going to court over this, should they goto court and lose it would open the floodgates to claims. If you follow the path set down on this site then you should send the SAR, however if you feel lucky and would like to save 40 days go for the direct approach and request statements by phone. At the end of the day it's your choice. Finally about getting responses to the SAR in timescales i have seen people getting information from 7 days right upto the 40 days limit(some not getting responses at all) i'm afraid its a bit hit 'n' miss when it comes to predicting when you will invoke responses from Barclays. However you decide Tom to start your claim just remember you are controlling this show and stick to your guns. You should be fine. Also it would help us all as well if you can post your comments on the same thread so we can follow your claim closely and give you the best advice. Good Luck. Argyle.
  16. Hi Tom. Good Luck with your claim. I'm afraid that with Barclays you will need to proceed with court action to get every penny you are owed back. Hey don't worry about it though as to date not 1 member of this forum has gone to court, Barclays tend to settle from 10 days to court date. Hold your nerve and be strong and you will win. Finally don't forget we're all here to help you through this when things appear to get difficult. Stick to your timetable and the proven proceedure and you will have your money for your new home. Sadly Barclays will drag this out as long as they can to torment you and they will also offer you a tempting payoff to avoid court, don't let them bully you and you will be fine. Argyle.
  17. Sorry Applestrudel. The £12 is a legit charge for a service barclays provide. It pays for added benefits to your current account like a free will service,breakdown cover etc. Argyle.
  18. Thanks for your advice victimnomore. Will hold back on sending my court bundle until asked. Filled in AQ and returned it to court today suppose i just need to sit back and wait for a court date now. Argyle.
  19. Hi Jules. Send an updated schedule of charges to moneyclaim and on the covering letter just ask the court if they could attach the document to your file case. Remember to place your claim number onto the covering letter,do the same with Barclays. Argyle.
  20. Hi All. Received my allocation questionaire and Barclays laughable:lol: defence which follows. 1. The particulars of the claim do not provide details or particulars of the precise charges alledged to have been unlawful, or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his account for unauthorised borrowings (where unpaid fees for returned cheques, "Paid refferal fees" or any other such fees), the Defendant puts the claimant to strict proof of each charge and date thereof. 2, The defendents standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit) 3. If and to the extent it is the Claimants case that the failure to make necessary payments and / or failure to remain within authorised overdraft limit, failure to arrange an overdraft limit constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the claimant account constitutes a liquidated damage cause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his/her account and were consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. The defendant was entitlted to impose such charges and interest when the claimant incurred the overdraft. 4. Accordingly, it is denied that legal principles relating to liquidated damages clauses and penalty charges are relevant or application to the facts set out above. Further or alternativly it is denied that any such charges constitiute unlawful penalty charges or are in breach of the unfair terms in consumer contracts regulations 1999 (particularly but without limitation to, paragraph 1(e) of schedule 2, or are in breach of the unfair (contracts) terms act 1977 (or any other provision) 5. Therefore, it is denied that the charges were unlawfully debited from the account 6. If and to the extent the claimant incurred charges on his account, this was caused by the claimant having gone into overdraft without having agreed to with the defendant and authorised facility or to increase the overdraft limit and his failure to make payments to bring the account balance back into its credit limit. 7. It is averred that the said charges and interest are and remain lawful and enforecable and that the defendant was entitled to debit the same. Accordingly, the claimant is not entitled to a declaration by the court as to the enforeceability of the said charges. 8. The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges asserted by the claimant to have been applied to the account prior to 18th September 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of the accrual, pursuant to the limitation act 1980. 9. In the alternative, and without prejudice to paragraph 6, if (which denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, the Defendant has nonetheless suffered loss and damage as a concequence of the claimants breach of contract in allowing the account to go into unauthourised overdraft.Accordingly,in the event the defendant is unable to rely on its express entitlement to enforce the charges as set out in paragraph 2,3 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. It does look like this is a standard defence of Barclays. I do have some questions for you all. 1. when i fill in my AQ should i send an updated schedule of charges to the court? 2. Also i assume that i should send a copy of my charges to Barclays litigation offices? 3. Finally is it too early to send my court bundle or do i await the court date to send my court bundle? Thankyou all in advance. Argyle.
  21. Hi All. Just an update for you on my progress. Barclays true to form submitted their defence on the last day possible(28th day). So should get my AQ shortly. So any newbie's reading this thread and worried about what happens next watch this space. Barclays are fast becoming my Ex bank with their lack of customer care. I have noted that Barclays have yet to step into a court maybe I could be the first to see them there. Argyle.
  22. Hi. You won't need luck just alot of patience when dealing with Barclays. They just hate giving back your money quickly. No worries though just think the extra interest you will be getting. Any how Good Luck with a speedy repayment. Argyle.
  23. Were with you all the way Michelle. Don't forget if you already haven't, pass your Mcol claim details to any mod for inclusion into the litagation in progress section. Argyle.
  24. hi Vincethod. Welcome to the forum. Firstly you need to keep calm. You mention you have 2 years statements, you can claim upto 6 years you know. Firstly i suggest you read the FAQ's and understand the proceedure,it's very simple and easy to use. Stick to your timetable and not the bank's and you will be fine. You can start again and send the data protection act letter and follow the guidelines for reclaiming your charges through this site. All the template letters are in the bank letter templates forum, they just need a few minor adjustments to suit you circumstances. The reason for giving Barclays 14 days to comply between letters(except DPA letter which is 40 days) is so if your claim came to court, the courts would see you have given Barclays ample time to resolve your complaint. If i was you start your claim again with the proven methods from this site. Any questions you have use the same thread here so we can follow your progress throughout and advise you further. Don't worry leave that emotion to Barclays. Send your letter to the folowing address. Barclays Bank PLC Leicester LE87 2BB Thats Barclays main sorting depot it will be dealt from there. Good Luck. Argyle.
  25. Hi Alison. I think the following thread will be of interest to you. It appears Madam Ra had the same issue with incurring charges after the original claim and managed to get them added onto the final settlement figure without having to start a whole new process. http://www.consumeractiongroup.co.uk/forum/barclays-bank/35276-just-got-my-offer.html Argyle.
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