Barclays Bank

[Itai]

I am a new user to this group and have just received my statement from barclays bank. could someone help me with the next step. I am not sure whether i should subtract their £12 per transaction and charge interest?

[HSBCrusher]

Hello, welcome, well done on the first step!

Read up all the FAQ, you will get all your answers there, and then start off a new thread in the appropriate bank section.

The system works great, follow the steps and you can't go wrong.

 

Crusher

[Bookworm]

No, you shouldn't. You reclaim 100% of the charges.

[Guest Lueeze]

Moved to Barclays forum for you!

 

Good Luck

 

Lou

[Itai]

I have calculated total charges taken from my account to £2230. I posted my preliminary request yesterday to barclays bank by special delivery. I have checked on the royal mail web site and it has been delivered and signed for. I now wait for their response and i am very anxious about the whole process. I will keep other user of any progress. Thank for your help.

[HSBCrusher]

Try not to be anxious, you are taking your bank to the cleaners, not the other way around (for a change!)

The way I see it is that you are now part of our group, and as a group we are strong.

It will be OK, you will get back your money, relax!

 

Crusher

[Rooster-UK]

Itai,

I now wait for their response and i am very anxious about the whole process.

 

It's quite a normal reaction to feel a bit over-awed at the idea of taking on the banks in this way. But as HSBCrusher said, you will be the one in control.

Have a good read of the threads to get an idea of what to expect at each stage, and you'll find that soon the anxious feeling will be replaced by one of elation.

 

The amount of knowledge and experience on this site is mind-blowing. 41,000 members, all with a common purpose.

 

If you have any questions, just post them on your own thread. The answers won't be very far away.

 

Good Luck with your claim.

[Sophie-Jane]

special delivery. I have checked on the royal mail web site and it has been delivered and signed for.

very anxious about the whole process. I will keep other user of any progress. Thank for your help.

 

With using this sites templates, the date they have to reply back is 14 days from Receipt, so if they have not responded, send off the "LBA" "Letter before action" which is the final letter before completing a court claim

 

I was nervious at first, but the knowledge on here, kept me going, and I am now getting to the stage where half my Creditors have responded with payments.

 

Do not accept part payments of the whole amount owed, they will try.

 

Do not feel anxious, as stated in previous posts, its YOU who is taking them to the cleaners, not the other way around.

 

Keep your head up high, and ONLY Communicate by Letter, Do not accept phone calls, as they will try and turn the arguement around, and also unless you record the message/s, you have no evidence to argue back.

 

Good luck

[Itai]

Hi

I received a letter from Barclays yesterday as follows:

 

Dear Mr..........

We are sorry you have had to contact us about the level of service you have received from Barclays. Thank you for taking the time and trouble to do so.

We are looking into your concerns and will let you have an answer or update as quickly as possible, but not later than 31 July 2006. In the meantime if you wish to discuss this matter further please call us on 08456090806.

I have enclosed a leaflet explaining how Barclays works to resolve complaints. I hope you find this useful.

Thank you for bringing this to our attention.

 

Yours sincerely

 

 

customer relations advisor

 

enc. customer complaint leaflet

 

Now shall i wait until the 31 July or proceed with LBA when 14 days will be up on the 17th July 2006.

Has anyone got a full refund from barclays without threatening court action?

Your help is greatly appreciated.

[Spotted Dog]

You should proceed with LBA. Barclays are just using delaying tactics.

 

From what I can see Barclays wont pay out until after the court Allocation Questionaire is filed.

 

 

Spotty

[Itai]

Sorry guys haven't been able to come to the forum.

 

I sent my LBA on the 21/07/06.

 

In the meantime Barclays sent me a letter offering me $1000. My claim is for £2356. Below is the letter they sent me.

Dear Mr xxxxx

 

I refer to your letter of 10 July 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 the elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you however, 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 i clearly explains our obligations to oour customers, as well as their obligation to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers in line with Banking Code. Details of our Terms and Condintions, along with our charging tarriff can be obtained at any of our branches, or via our internet site, ww.Woolwich.co.uk/Barclays.co.uk.

 

Despite my comments above in relation to your views, on this occasion, and without any admission as to the basis of your complaint, i am willing to offer you the sum of £1000 towards the total amount you are seeking. This is the cost and convenience inherit in a further dispute in mind and is intended as a geasture of goodwill. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will then arrange for the payment to be credited directly to your account witin the next 7 working days.

 

If you wish to discuss this letter, or you feel there are further issues i need to consider, please conact me on my direct number 0207 116 5554. If you are dissatisfied with my proposal for the resolving of your complaint you may ultimatly be eligible to refer to the Financial Ombudsman Service. The leaflet sent with our letter of 10 July explains our comlpaints process and provides details regarding the Financial Ombudsman Service.

 

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

 

Yours sincerely

 

Laurence White

Seniour Case Manager

 

Enc: Acceptance slip, pre-paid enevelope.

 

My questions are as follows:

 

1) Do i accept their offer which is well below what i am claiming?

 

2) Do i sign the acceptance slip, if i don't would they pay the £1000 they are offering?

 

3) Is there any need to contact the Ombudsman Service in this matter as they say in their letter?

 

4) Has anyone accepted the offer and proceed with court action and won?

 

5) What do i do now they have put the ball in my corner?

 

6) Is there any need to contact this guy by phone?

 

please help and advise.

[Michael Browne]

Write a brief letter thanking and accepting their offer as an interim payment, but will pursue for the rest.

 

They'll withdraw the offer and you file at moneyclaim on 4th Aug for the whole amount.

[Luddolube]

Keep it together, Itai. Go for it!

[Sophie-Jane]

Hi Itai

 

1) Do i accept their offer which is well below what i am claiming?

 

Answer - Yes - As ONLY PART PAYMENT

 

2) Do i sign the acceptance slip, if i don't would they pay the £1000 they are offering?

 

Answer - DEFINATE NO, DO NOT SIGN

 

3) Is there any need to contact the Ombudsman Service in this matter as they say in their letter?

 

Answer - Not at This Stage, Basically NOT AT ALL

 

4) Has anyone accepted the offer and proceed with court action and won?

 

Answer - Caould not Say, But If its Full & Final, then you have no leg to stand on

 

5) What do i do now they have put the ball in my corner?

 

Answer - Send a Letter like mine below

 

6) Is there any need to contact this guy by phone?

 

Answer - Best do ALL be Letter or Fax, that way, You are Never Hoodwinked into something they could trick you in to

 

 

 

Here is what I sent

 

_____________________________________

 

Re – Acc XXXXXXXX / Sort – XX-XX-XX

Your Ref – Chiucken feed

 

 

28th July 2006

 

 

 

FINAL LETTER BEFORE ACTION

 

 

Dear Laurence White

Re your letter dated 23rd July 2006.

 

I thank you for your goodwill gesture of £xxx; I can and only will accept this as PART PAYMENT ONLY, of the £xxx that has been unlawfully levied against my account.

 

I am still prepared to settle this claim in full at court, and also claim for all costs to bring this to court.

 

You STILL have not provided a Breakdown of these Penalty charges, but deem them to be reasonable, there are several cases which I am able to quote if needed, which will prove that these are punitive charges and unlawful in common law.

 

I calculate that you have taken unlawfully £xxx. As of the above date the interest charged if this matter also went to court is £xx.xx @ 8% APR, Making a total of £xxx.xx (as of above date).

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

If any retaliatory action is taken for Lawful proceedings either underway / in the past / In the Future, I will be reporting those to the proper authorities, and also seek an injunction against your company to guard against such action, at such time it predicts to gain such an injunction.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours Faithfully

 

 

_______________________________

 

Note - The Points in RED, I have used if I still use the account, If the account is Closed, You can leave this out, Its a way to say to them that if they were to retalitate, then if you go all the way, they will think twice, but if they did retalitate, then you must follow this thru.

 

Hope this helps

[smoore]

Hi

 

new to this site have just sent the LBA letter and recieved a letter offering me half the money back but have refused this but the bank have not replied. I am now unsure which letter or claim form to send next.

 

I would appriciate anyone who went this far and got all there money back to advise me on next step

 

All help appriciated

 

yours

 

Stephen Moore

[Sophie-Jane]

Here is what I sent

 

_____________________________________

 

Re – Acc XXXXXXXX / Sort – XX-XX-XX

Your Ref – Chicken feed

 

 

28th July 2006

 

 

 

FINAL LETTER BEFORE ACTION

 

 

Dear Laurence White

Re your letter dated 23rd July 2006.

 

I thank you for your goodwill gesture of £xxx; I can and only will accept this as PART PAYMENT ONLY, of the £xxx that has been unlawfully levied against my account.

 

I am still prepared to settle this claim in full at court, and also claim for all costs to bring this to court.

 

You STILL have not provided a Breakdown of these Penalty charges, but deem them to be reasonable, there are several cases which I am able to quote if needed, which will prove that these are punitive charges and unlawful in common law.

 

I calculate that you have taken unlawfully £xxx. As of the above date the interest charged if this matter also went to court is £xx.xx @ 8% APR, Making a total of £xxx.xx (as of above date).

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

If any retaliatory action is taken for Lawful proceedings either underway / in the past / In the Future, I will be reporting those to the proper authorities, and also seek an injunction against your company to guard against such action, at such time it predicts to gain such an injunction.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours Faithfully

 

 

_______________________________

 

Note - The Points in RED, I have used if I still use the account, If the account is Closed, You can leave this out, Its a way to say to them that if they were to retalitate, then if you go all the way, they will think twice, but if they did retalitate, then you must follow this thru.

 

Hope this helps

 

Hi Stephen

 

This above is what I've sent, I have sent this to numerous financial institutions, each time editing it to suit the needs, and each time, getting better at what to write.

 

They may decide to not offer anything just the goodwill gesture after they receive it, but DO NOT worry, they will in most cases if you are willing to wait it out, settle before court, which means you may need to instigate Court proceedings, and prior to going to court, they will in most cases settle

(I say most, each case could be different, so thats protecting me), but that is what I'm doing to ALL financial institutions I have / had dealings with

[smoore]

Hi Sophie Jane

 

Thanks for your reply, I have already sent a letter similar to the one you have sent but still have got no reply.

 

I was wondering in any of your cases what you sent to them if they failed to reply to a letter after you refused there first offer. Or should I just register on the money claim site to start proceedings and send the excel spreadheet to the bank with the interest charges on it.

 

just really unsure of the next step as on the MSE website it is quite easy to understand the steps to take up to refusing there first offer but now am a bit confused as to which letter or form to send next

 

Sorry for being a pain but any help would be appreciated

 

yours

 

Stephen Moore

[Sophie-Jane]

Hi Sophie Jane

 

Thanks for your reply, I have already sent a letter similar to the one you have sent but still have got no reply.

 

I was wondering in any of your cases what you sent to them if they failed to reply to a letter after you refused there first offer. Or should I just register on the money claim site to start proceedings and send the excel spreadheet to the bank with the interest charges on it.

 

just really unsure of the next step as on the MSE website it is quite easy to understand the steps to take up to refusing there first offer but now am a bit confused as to which letter or form to send next

 

Sorry for being a pain but any help would be appreciated

 

yours

 

Stephen Moore

 

Hi Stephen

 

1st thing to do is start your own thread, as this is Itai's Thread, PM me with the URL and I will gladly help where possible

 

What you must do, is ensure that they have received the letter, Best by Registered / signed for post, then you are able to check online if they have received the letter/s

 

If they have gone past the 14 day deadline, and also that you have sent the "Letter Before Action" then start Moneyclaim online

 

It is your deadline they should work to in these cases, as long as they are resonable, To the Judge, they will seem quite adequete to respond by.

Its not their time table that you have to adheare to

[Itai]

Thank you all, i have sent my last letter before action on the 9th August 2006. I have demanded my full refund and also given Barclays 14 days to positively responds.

I am going on Holiday for 4 weeks and i wonder if this matter or affect my claim. I will update everyone when i return.

[Sophie-Jane]

No it will not affect your claim, when you get back off holiday, check your mail to see if they have replied back positively - prob not, but never know

 

Then if not - Moneyclaim straight away

 

Have a great holiday

[jweasom]

It seems that we are both at exactly the same stage, although I will be posting my LBA tomorrow. I posted the Prelim letter on the 28th of July and got the response you did.....

 

I can't wait to take them to court, and I am looking forward to getting my £1600 back.

 

Have a good holiday and good luck.

[Itai]

Hi there!

 

Sorry for being silent, returned from holiday last week and filed money claimonline on the 27th October 2006. Received a note from Northampton County Court saying the defendant is deemed served on the 1st of November 2006. I will keep everyone updated on the progress.

I appreciate all the advise i get from this site and i haven't find any website as helpful as this one. Thank you very much

[HSBCrusher]

I appreciate all the advise i get from this site and i haven't find any website as helpful as this one. Thank you very much

you are welcome!

 

keep us posted!

 

Crusher

[Itai]

I got my allocation questionnaire yesterday. I have almsot complted it but am kind of stuck on section "G". Someone has advised to just write " I do not envisage that this case will take more than 2 hours"

Is this right and can i take the questionnaire to cout my self or post it?. Anyone please help.

[Welshman]

Here's what I wrote there. You have to write quite small to fit it all in. You can take it along to the Court or post it. If your claim is for £1500 or over, you will also have to pay another £100. The text I used was:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".