Sparkler V Barclays

[sparkler]

Hello fellow claimers

 

I sent my LBA to Barclays on the 20th september and recieved an offer exactly 14 days after. The offer was for £600 when im claiming for £1750. Tossers.

 

I havent been at work since then so havent had access to the internet but i'm just trying to figure out what to do. Obviously i'm not accepting it so shall i just go ahead and start my claim on the moneyclaim site. Or do i need to send a rejection letter aswell. (The one in the templates) I would guess that i need to send the rejection letter first but how long do i give them now? a further 14 days before i do the moneyclaim form?...

 

I don't particularly want to extend the time they have seeing as they probably wont reply to me anyway...but i don't think i can send rejection letter then do money claim form straight after as they may argue that i havent given them enough time to change the offer or whatever, what do you think?

 

god i hope that made sense!

 

Thanks for your help

Jane

[joanneando]

Hi Sparkle

sent a rejection letter asking them for the full amount again,give them 14 days ,they will probably reply saying unfortunately we can come to no agreement,then file to moneyclaim,thats what i did.

[Guest littlesally]

I think I'm right in saying you could accept their offer and inform them you will be still claiming the rest. That way you have some spare cash, bearing in mind xmas isn't that far away.

Check first though

[livelylad]

I think I'm right in saying you could accept their offer and inform them you will be still claiming the rest. That way you have some spare cash, bearing in mind xmas isn't that far away.

Check first though

 

Hi stick to th time table, they can send you an offer at any time. i would inform them that you accept the cash as a part settlement and that you are continuing to seek the balance.

[Thailand]

I think they'll withdraw the offer, but you'll get the lot in the end anyway. Hold firm!!

[Welshman]

Hi Sparkle

sent a rejection letter asking them for the full amount again,give them 14 days ,they will probably reply saying unfortunately we can come to no agreement,then file to moneyclaim,thats what i did.

 

There's no need to give another 14 days. The LBA was sent on the 20th of September and that clearly states that they have 14 days to comply otherwise you will file at court.

 

You can send the rejection letter and carry on and file for the lot.

 

After I sent the rejection letter, they sent me a letter back expressing their disappointment that I was pursuing them for the full amount but they did not withdraw the offer. It's still there should I wish to settle out of court.

 

You will not get the amount they're offering and claim the rest in court. It's a package deal, all or nothing.

[sparkler]

Thanks everyone for your replies...

 

So in a nutshell should i use the template in the library which says:

 

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1505

 

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.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

or should i reword it slightly?...it also says about the LBA but im guessing as this date has now been and gone that i should delete this part?

Thanks very much for your help

Jane

[Welshman]

Yes, that's the one.

[Thailand]

they did not withdraw the offer. It's still there should I wish to settle out of court.

 

Yep, I stand corrected:rolleyes:

[sparkler]

Thanks for your replies...

 

do i need to include a new schedule of charges in with this letter (i have been charged again since i sent the LBA so i have now added this on, so the figure has gone up by £65 - every little helps!)

 

I have just completly deleted the line: "My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale"

 

I'm going to send this today, is it ok to do my moneyclaim form today aswell?, im concious that im not giving them enough time...actually no f**k em, they've had planty of time.

[Thailand]

all or nothing.

 

Its so true. Barclays aren't gonna budge IMO. I would send the rejection and file MCOL or N1 today - as you say, they have had enough time and a judge will be able to see that.

 

You told Barclays you would! Go get 'em!

[sparkler]

I read on another thread in A&L something about the banks waiting on the OFT decision on bank charges. Does anyone know any more about this?...

 

Thanks all...

Jane

[argyle]

Hi Jane.

 

It's true the OFT are looking into bank charges however with regards to the banks waiting on the contents of the report, i think they will have quite a wait.

As the OFT indicated that they expect their findings to be released in about 6 months.

 

Argyle.

[sparkler]

Ah i see...

 

Is it likely that things will change once the OFT release their findings?, as in do you think the banks will stop paying out?, sorry i know this is probably a million dollar questoin but i was curious really...i'm trying to speed things up as much as i can as i was worried that the findings might be in the banks favour!

 

Thanks for your reply Argyle

[jkop]

they can't stop paying out - they are only paying out to stop themselves having to go to court which they don't want to do as they would have to disclose the true costs involved in the charges.

[argyle]

Hi Sparkler.

 

Is it likely that things will change once the OFT release their findings?,

 

It could have some bearing on future claims against the banks if the findings of the OFT rule that bank charges are excessive.

i.e Read a thread on Barclaycard someone trying to claim their charges and Barclays reply was they would only accept a claim of the difference between their charges and the OFT's charge of £12.

 

If the same ruling applied to Bank charges then i think it could get quite difficult to claim those £30 charges if the OFT said bank charges should be set at no more than £12.

However what is also interesting if the OFT said charges as they are now are fair where would that leave consumers?

Personally then i would think you will find that claims against banks would stop.

 

Argyle.

[Welshman]

Yep, I stand corrected:rolleyes:

 

I'm not saying that every offer is still on the table, I read mine which stated that if I wish to reconsider, I should send the form back duly signed.

 

They tend to deal with some claimants differently so it pays to read all correspondence from them carefully.

 

Good Luck

[Thailand]

Exactly. I kind of thought as I had dismissed mine it was 'off the table' but it wasn't - as you rightly pointed out.

[Trollsicles]

I am also at the same stage. Just highlighted all the statements and have sent off the first letter along with the schedule of charges and am already nervous about a reply! Must say thought, I only phoned up on Friday and the statements arrived today, very impressive. I was expecting them to take the full 40 days.....

[sparkler]

Hiya,

 

I am just about to post my rejection letter to the toss pots at barclays and include another schedule of charges as i always do. This afternoon i will then fill out the money claim form aswell. My question is this. Do i need to include the 8% interest in my rejection letter or only when i do the money claim form? (this is my understanding)

 

please help somebody!

 

thanks lots

 

Jane

[ADDABET]

Jane,

 

Only when you do your MCOL as iv'e just done................

[livelylad]

Jane,

 

Only when you do your MCOL as iv'e just done................

 

Ditto

[stevied]

Up to the highlighter stage, nice green one!!

I really riled by Barclays over the years and pursuing this action with a vengeance, not just personal accounts but business accounts been shafted over too. Also messed me up with other banksl.

 

Good luck everyone.

[sparkler]

Hi there,

 

i'm filling in the money claim form on line and i have come to the particulars of claim page. Its asking "does or will your claim include any issues under the human rights act 1998"

 

I have no idea what this is or if it is relevant to my claim - im guessing the answer would be no?

 

sorry for being completely thick if the answer is really obvious!

 

Jane

[sandbag]

Hello Sparkler - i ticked no in the box regarding 'human rights' on my claim form.

Hope that helps

Good luck

Sandbag.