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southernsoftee v Barclays


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Thanks to this site, I sent off letter one a few months ago.

 

I received my statements, but until recently hadn't gone through them, as there were so many, and it was rather offputting looking at them all, knowing it would take hours.

 

Well, I finally did, and i've just printed off my letter. They've charged me £2,435.00 in overlimit and overdraw charges in the last 7 years. Impressive ah?

 

I'm sending off the letter tomorrow, with the schedule of charges, as per letter 2, so fingers crossed.

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NB, my account was closed months ago due to me being £1553.10 overdrawn and unable to pay it due to being on benefits.

 

I've asked them to clear this off with the money they owe me, and send me the rest as a cheque, which is about £900, so fingers crossed they will.

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Forgot to add, when they sent me all my statements, they sent back the £10 postal order I sent them, saying they were sending them all to me as a good will gesture free of charge. 7 years of statements as well, so 3 fill A4 envelopes. Always worth calling them first to ask if they'll send them free due to the reasons why youre asking for them. If they don;t, then write to them, and like me, you might be pleasantly surprised.

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Hi SS,

 

Well done in sorting this out. I see you've made no mention of the 8% s.69 interest but you wont mention this in the Prelim Request letter anyway. Trust you've used the site's spreadsheet, which calcs the int't for you, ready to use when you File at Court.

 

You mention 7 years' chgs - be aware that you might not get back the chgs beyond 6 yrs, but include them anyway. They may repay the earlier sums as well anyway.

 

Stick to YOUR timescale - ignore the banks suggestion that they'll need 8 weeks to d/w your claim. After 14 days, send LBA.

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  • 2 weeks later...

HELP!!!!!!!!!!!

 

Barclays have sent me a 3 page letter, which states that they will not be paying me back ANY money, until a decision has been made regarding the 'Test Case', where they're taking the OFT to court over the reinbursment of bank charges to customers.

 

They're also saying the FSA has agreed to suspend the normal timetable for dealing with bank charges complaints until after a decision has been made in court with the OFT.

 

So now what do I do? They've got me!

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Dont worry about the letter ..... carry on with your timescale send them the Letter Before Action :)

 

 

This way your claim is in the system ...... If you can afford the court fee's when the 2 weeks are up then fill in the N1 and get it to your local court as your claim will then start accruing the 8% s69 interest :)

 

Hope this helps

 

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Thanks saintly, I did what you said, and put the letter together with thanks to the template.

 

I changed a couple of things accordingly, and added a couple of lines at the bottom of the letter as follows:-

 

I am fully aware that numerous banking organisations are currently involved in legal proceedings with the Office of Fair Trading. However, until that case has been heard and the courts have made a decision, you are still held responsible for paying back charges you have placed on customer’s accounts, and putting this off until the case is heard, is completely unfair.

 

I strongly suggest you comply with the original protocol regarding the Office of Fair Trading’s direction, with reference to my account, or I will be forced to take you to court for failure to comply with this direction, and you will also impose additional court charges for this inconvenience.

 

Basically Barclays are saying they won't refund anyone now til the case is over with OFT, and anyone who is trying to take them to court, they'll be asking the courts to hold off any cases until the OFT case has been heard, so we're on dodgy ground now. I'll try to take them to court though if I get nothing off this 3rd letter, and see where we go from there! Fingers crossed.

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I very much doubt that you will get a posotive response from them at this moment in time ...... My own case has been stayed at the court stage ... what you have to remember is that once it gets to the court stage any charges that are close to the 6yr limitations act time cant run out on them ..... plus this is when you start accruing the 8% s69 interest on your claim.

 

Where else can you get 8% interest on savings ;-)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 2 weeks later...

Well I did get a long winded response, basically, in more detail though, confirming what they'd already told me about the Test Case.

 

When is the Test Case anyway? And what are the chances of the Institutes being successful do we think?

 

Should I bother going down the court's route just yet?

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Hi SS,

 

The test case is scheduled for January and the advice of this site is to start the reclaim process as soon as you can, as we expect the unlawful bank chgs to continue to be reclaimable.

 

While you delay, you are losing out on 8% interest which will be paid on top of your chgs. Read here about the OFT case and stayed claims - http://www.consumeractiongroup.co.uk/forum/barclays-bank/111127-new-forum-stays.html

 

As you have sent the Prelim letter, you can send the LBA 14 days after. Just send the template letter, wait 14 days, then File at court.

 

Use the next 2 weeks to become familiar with the reclaim process and read here for guidance - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Reading through other threads will also help you see what is going on generally.

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I've already done this, the reply I got was from letter 3 'letter before action' i think it's called, which i'd sent, after all the other letters.

 

so should i now take them to court, or wait for the test case? cause barclays are saying they wont be paying anyone els eout now til after the result of the test case.

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If you get your claim to the court stage then atleast any charges that are close to the 6yr limit wont get lost also once its at the court stage then the 8% s69 interest can be added :)

 

Your case will no proberbly get stayed but its in the system :)

 

Use the new POC's found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107604-new-poc-n1-barclays.html

You can use the N1 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html from this unfortunately you cant save this so will have to print off enough copies you will need 3 for the court.

1 they will keep 1 they will send to Barclays and the other will be sent back to you :)

you will also need 3 spread sheets :)

 

and the fee these can be found here Fees

 

Hope this helps

 

saint :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 2 months later...

How far did you get ?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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The OFT case has now concluded but it will be another couple of months before the Judge makes his ruling :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 1 month later...
  • 2 weeks later...

So do quite a lot of us ........... :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 9 months later...

Hi guys,

 

I received a letter today, in reply to my 'Financial Hardship - please give me my money back' letter, asking for the £3,117.87 they owe me, for fees incurred between 2000 and 2007. I started fighting for these in 2007.

 

I got the following letter back in reply...

 

SWScan00040a.jpg

 

Should I accept it? I feel I shouldn't. Can someone advise me of what I should do? I want more money than this from them!

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Hi SSoftee,

 

Can you make a reasonable argument for a higher refund based on when the Hardship started (as they put it).

 

If not, I suggest you negotiate with them on the basis that their offer is less than 10% of the amount they owe you in charges and they should increase the offer to assist you now.

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Hi SS,

 

If you d/w this by phone, don't be pressured into agreeing to anything you're not sure of. Tell them you require 24 hours to decide and use it to think/consider.

 

And confirm in writing whatever is agreed by phone.

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  • 1 month later...

Well, it's been a few weeks now since they sent me a letter with an offer on it, which I rejected. I've been waiting forever for the next offer, and i've had so many excuses.

 

Firstly it was on its way, and they had a backlog, and i'd hear within the week.

Then the backlog was longer than a week, so i'd have to wait yet another week.

Then there was developments with the test case, apparently, and a new letter would be sent to me.

Now their printer is having problems, and I have to wait yet another week.

 

I rejected the original offer in January. It's almost March.

 

Any idea what these 'developments' are? And does anyone think I might have a chance of scoring the entire sum of 3k back anytime soon, considering i'm about to go bankrupt?

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Hi SS,

 

I think you should write back to them, briefly confirming when you consider your present Hardship to have started. This should enable you to confirm how much you will accept as a partial refund at the mo.

 

If you think you can truly prove Hardship for the full period over which you are reclaiming, insist on a full refund.

 

You may be at risk of losing some of the older charges because you haven't Filed a claim at court. However, you could reasonably argue for the refund of all charges from the date you first sought a refund.

 

Keep the letter brief and tell them you require their agreement, within 14 days, to a refund of £(however much) or you'll make a formal complaint to the FOS about their failure to properly honour the FSA Waiver in Hardship cases. If they can agree to the refund, you require it to be paid within 21 days.

 

Tell them there will be no fast resolution to the OFT test case as the banks are looking to lodge a further appeal, and you are frustrated at the delays and excuses.

 

This is why you will complain to the FOS without further warning.

 

:)

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