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Chrisp7

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  1. Do you think this combined LBA/rejection/offer letter is ok?? I modified the letter.. Dear Sir or Madam, Re. Account number: xxxxxxxx Thank you for your letter dated xxxxx I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £730 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. If you do not accept my conditions, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. I wrote to you on 05/10/08, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court. This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair. I have attached a full schedule of the charges with this document. Without prejudice The charges and interest I have claimed above total £730. However, if you are prepared to pay to me £615 within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim and interest. I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money. I trust this clarifies my position.
  2. So if I reject their offer and don't suggest a settlement price, there's a good chance they will offer me more money? Or should I give them the option to settle with a suggested figure?
  3. I actually got that advice from Martin's Money saving tips - ie go more aggressive - seems like it was wrong, oops. Should I ask for a settlement instead? Do I have to respond to their offer within 7 days? Id just rather combine the LBA and my response in 1 which means responding to them after 7 days of their offer. With interest the total claimed is £730 without interest £569. Would you settle for a smaller amount of say £570 or go for the interest too?
  4. thanks slick:) what I have cliamed is all charges plus interest at 8% (using the spreadsheet provided on this forum). My prelim letter (which wasnt an LBA) was sent only 5 days ago, so rather quick work from Barclaycard!
  5. I have managed to get all of my statements going back to 2000, now I am a bit confused having read quite a few threads in this forum. It seems Lloyds are a special case meaning we can claim back up to 12 years so I shoud be able to claim back the charges. However the recent ruling from Lloyds is troubling me - does this mean I cant claim back that far? Also where can I find info on what to say exactly if claiming back beyond 6 years? Thanks v much!
  6. Having sent off a letter claiming for charges plus interest (Totalling around £720) I checked my account today and found £150 had been paid off my credit card. I havent been sent a letter, I will wait for a few days for a letter however in the event of not receiving a later how do I reject this offer? Cheers guys!
  7. During June I was hovering around the £-1400 - £-1800 (Authorised overdraft of £1600). I was charged a couple of times for going over my limit £30 -I accept this (this isnt a thread about getting those fees back). I was also charged £19 for interest on my overdraft again I accept this. Now on 5th July I paid in around £3000, and have been out of my overdraft (apart from the 4 days in July.) Now this month I was charged £19 again for interest on my overdraft. I called up the bank and they said this was the case because I went over my overdraft limit. I am confused as I was charged £30 for going over my limit before - and they say that this £19 is interest - so why am I being charged such a high interest rate for 4 days? Are they in the right to do this?
  8. Good luck to you, I am sure it will work out fine.
  9. Good stuff, have been offered a settlement! Should I just accept it? Or do you think I should ask for all addition charges that have accrued since after my claim (probably a few hundred pounds) - am I just being greedy?
  10. Guys, I sent off the bundles - however the Barclays one didnt get there on time - it was 1 day late because of the strike - do you think this permissable?
  11. Hi Andrew, thanks very very much for the help! I have been looking around and just cant find any T&C's, I can only find some charging info and it seems in those days you couldnt start opening an account online so maybe the T&C's arent there? If you know where they are I would really appreciate it!!
  12. Hi Welshcakes, thanks for the advice:) I had a cup or ten of tea today and finally have my bundle almost done, just the T&C's to go!
  13. Apologies, I have left this so late, I have my bundle all ready to go and incorrectly thought that I needed the 2001 T&C's, seems I was wrong and I actually need the 2002 T&C's, do any of you have a copy of it? Or know where to get it from? I have been searching for a long time on this site but cant locate it anywhere. The crunch is I need to send this bundle off by 12:30 tomorrow! If any of you know where to get this/can pm me/email me with this I would be very very grateful indeed. Thanks v much! Chris:) [email protected]
  14. Ok My court date is the 13th July and I havent yet sent off anything and I need to do this by the end of today/tomorrow, I cant believe I left it so late - can anyone help out? I assume the photocopying of statements are only the pages of the statements where charges have been made? Also regarding the specific cases, I have downloaded the Court bundle, now it advises that specific cases be added, what have people from Barclays used? And are the recent wins in court relevant to teh current case, if so does anyone have any advice countering it? Also do I need to include the court notice of issue, notice of transfer of proceedings etc? Many many thanks Chris
  15. I have a court date set fpor the 13th July - so I assume I need to sort out a court bundle, my big concern is the latest news that a Bank actually won one of these cases. What are the consequences of this? I have 2 other ongoing claims should I drop these before they get to court stage? A rather worried claimant!
  16. Good stuff! Thanks for that.
  17. LBA sent off today - £497, rather a nice chunk.
  18. So I received a filing letter today: 1. The Particulars of Claim do not provide details of the precise charges alleged to be unlawful or the date thereof. To extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof. .... etc etc However The front page mentions that the claim has been transfered to my local county court which is fine. the 2nd page mentions IT IS ORDERED THAT: 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise** Note: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order. ** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. ------ And then I have a "Defence and Counterclaim" form - (This is the barclays filing) What am I supposed to do from here? Send a questionnaire? I am confused! (Sorry, if the process is mentioned in a guide do you have a link as in the guide I cant see anything about this). Thanks again! PS I have already paid Moneyclaim and sent off a schedule of charges (immediately after using moneyclaim a month back)
  19. Just an update Barclays have decided to go the stalling route and are filing for 28 days. We will see if they do decide to defend!
  20. Thanks:) I took your advice and threatened to take them to court. They initially sent the first standard letter asking for a cheque etc which I thought oh know I am back to square one! bu then a few days later I received all statements including the microfiched ones. Theres a fair few late charges there, I will let you know how much. And send off the LBA soon.
  21. Anyone? In addition on the 12th Feb they sent me a letter that effective immediately my credit limit is reduced by £250! Is this legal??
  22. Makes sense, thanks Martin:)
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