Barclays Bank OD Claimform

[pitstoppen]

hello all

just wanted to ask best approach - as my situation is a tad complex and I'm worried that Barclays may close my account.

 

story so far, I have had my Barclays account for about 20 years. I moved home about 1.5 years ago and I haven't been the greatest at keeping tabs on the account (it's no longer my main account as I have another one which I use for day-to-day stuff) but the barclays one does have the occasional dd coming out of it.

since moving i've received no bank statements - I've just checked the account online and its chronically over the OD limit, but the charges they've added are more if not the same as the amount of the DD's that have caused it to go over.

I want to write and complain that they haven't notified me, as I did tell them of my new address but received no statements (I know you're thinking "it's been 1.5 years" but as I said I haven't been keeping tabs on it) Oh and they haven't called - they do have my mobile number - so I would have expected a call.

 

That said I have statements going back to 1998 till the date I moved, I'm a bit fanatical with things like that.

 

My worry is that if I complain about the charges they'll close my account, and demand the overdraft be paid which I can in no way do right now. That said I haven't calculated all the charges going back for all the statements I have (1998-2005) and it may be they are more than the OD limit?

 

I think I'll write and ask for the last years statements, which I don't have.

 

I have checked the forum, and can't see any negative account closure happening for Barclays, I'm just wondering if anyone has had a bank demand the overdraft be settled, and if they have how they handled it.

 

Many Thanks

[Welshman]

Hi, and Welcome to the CAG.

 

Have you had any communication from them to your current address that you can use to show their incompetence? You know that they are going to dispute you informed them of the move.

 

Barclays do not, as a general rule, close accounts but have sometimes called in the overdraft but there are remedies for that if you ever get to that stage.

 

Anyway, as long as you stick to the procedure in this forum, you should be ok. The first step is to click on this link to access the S.A.R. letter requesting your information. It has certain text in it which covers matters relating to manual intervention and such like. Amend it to reflect your circumstances and either hand it in to the branch or send it to any one of these addresses:

 

Barclays Bank PLC – Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

Barclays Bank Plc

Freepost RLTA-CSUE-TCHC

Head Office Customer Relations

London

E14 5HP

 

Barclays Bank Plc

Leicester

LE87 2BB

 

 

Barclays Bank PLC

Litigation and Disputes team

Level 29

1 Churchill Place

London

E14 5HP

 

You have to take on a lot of responsibility yourself by reading and acting on information found in the FAQ's and the step-by-step instructions. Your template letters are here and your spreadsheet can be found here .

 

If you have any worries, post a question here in this thread.

[pitstoppen]

sadly have no correspondance since my move, although I do have a copy of the letter I sent notifying them of my change of address (again bit fanatical on that part so I have all the letters notifying authorities of my move)

 

thanks for the links, I'll get started on that first letter today, and may as well start calculating the charges going back to see what they amount to.....

 

you mention that there are ways to deal with a call to pay overdrafts.... is this on another forum?

[Welshman]

you mention that there are ways to deal with a call to pay overdrafts.... is this on another forum?

 

Click on this link and take a look at post #12. Now that this link is in your thread, if you need to refer to it in the future, just come back to this post.

[pitstoppen]

hi everyone, have been reading through the forums all morning, trying to figure out best course of action, but need to double check some details.

 

bit of background: i have a £4400 overdraft with barclays, which they have been chasing for some time - i've ignored their calls (stupidly) - i believe most of the debt is made up of their charges (but have yet to calculate the exact amount) - they have now sent a claim form to me

 

looking at the information posted there is no point in me requesting a CCA which is what i was planning as they have already sent a claim form?

my initial plan is to send the defense form back saying i don't accept the charges

 

question is if i send a SAR request will it be too late? i have most of my statements - so i could calculate some of the charges.... or can i say that I have an SAR outstanding and as such they will have to put the claim on hold?

 

thanks in advance

[42man]

When you say a claim form, is it a court document ?

[pitstoppen]

Yes - Court Claim Form - from County Court Bulk Centre Northampton

[tiglet]

Firstly, you need to acknowledge the claim - you can do this online. You think have a further 14 days to submit your defence.

 

There's a letter on here which asks for all information to be supplied as quickly as possible as this is a court case, rather than sending a SAR - I'll have a look round and see if I can find it for you.

[pitstoppen]

Ok

the issue date is 30/11/07 - so day of service should be 5/12/07,

 

it does state on the back that if i admit to only part of the claim i have to send the defence within 14 days of the date of service

 

if i disagree with the whole claim then i have to send the completed acknowledgement of service form/defence within 14 days - then send defence within 28 days of date of service

 

thing is i have no idea if i should dispute the whole claim or part?

 

i too will have a look and see if i can find the SAR you mention

thank you

[tiglet]

At this stage I would dispute the whole claim - you can amend it later when you are in full possession of the facts.

[pitstoppen]

Yes - I think I will. I have found this thread - do you think the letter in this thread is what I need to send? Or should I stick to standard SAR request?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/47373-sent-r-subject-access.html

 

my worry is that I have 28 days for court defence but they can take 40 days before responding to my SAR request.

[tiglet]

That's the one I was looking for - you need them to comply within 28 days, otherwise you will need to submit an "embarrassed" defence i.e. you ahve not been supplied with any of the info you need to enter a full defence at this time.

[AndyOrch]

Hi

this is the CPR 18 request letter once legal proceedings have comenced it is used to request info pertaining to their claim no need to include payment and give them 10 days to respond

 

Claim Number:

 

Account Numbers:

 

 

Dear Sir/Madam

 

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the accounts to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This information must be furnished by the XX/DEC 2007.Which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

I hereby request all data that XXXXXXXXXX PLC hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account held with XXXXXXXXX PLC. I also require a transcript of all recorded phone calls pertinent to the accounts and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of XXXXXXXXXPLC, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts held with XXXXXXXXXX PLC.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

 

A true copy of the original signed agreement between myself and XXXXXXXXXPLC.

 

All data in respect of this account held in the relevant filing systems of XXXXXXX Bank, including details of all telephone calls made by your organisation to my home telephone number

and notes made in respect of those calls.

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

Specific details of the fees/charges levied in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied

A true copy of any Default Notice issued in respect of said accounts.

I look forward to your co-operation in this matter and receiving the documentation by the XX/DEC 2007 . Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival

 

 

 

Yours faifully

 

 

 

Regards

Andy

[AndyOrch]

Pistoppen

You can edit out the collection cost part as your claim is from the original creditor

 

Regards

Andy

[AndyOrch]

You have till the 19th Dec to file your A.O.S I would recommend a call to the court just to check,phone number is top right of Summons, tiny print.

Court staff are quite helpful and will advise.As you quite rightly state serves no purpose in acknowledging too early the time frame remains the same to submit your defence and offers you the opportunity to keep them guessing and play them at their own mindgames.I would recommend say 17th Dec.

They will no doubt be watching M.C.O.L in eager anticipation to see if you intend to defend or not and i would strenously advise you to defend in full.Anything less will only give rise to them hoping to attain a S/Judgement.If the shoe was on the other foot dont you suspect they would do same!!!

 

 

Regards

Andy

[Edz11]

The CPR letter - it must be headed "request for information under CPR 18". I'd also send off a request for the Credit Agreement as well. Special delivery with a £1 postal order and unsigned letter.

 

There is duplication in using the preamble for the DP request in a CPR request. I personally wouldn't do it.

[pitstoppen]

Thank you so much!

 

Just so I have it clear, this is what I need to do:

• acknowledge receipt of the court claim form (before 19th Dec) and I can do this online
  
• send Barclays the CPR 18 request letter - headed "request for information under CPR 18" which they have 10 days to reply to - I send this now
  
• send Barclays a seperate request for the Credit Agreement now

Then wait and see what they come back with. As long as I reply to the court claim by the 19th then it'll keep them guessing as to whether I'm going to disagree with their claim.

And then I have a further 28 days from the 19th to send my defence to the court.

 

Is there a format I should use for the request of the Credit Agreement - as this is an overdraft rather than a credit card?

 

Once again - thank you all so much - I have to admit to feeling very low this morning - much more confident now!

[Edz11]

How did you get the overdraft (telephone/in person and signed etc)?

[AndyOrch]

Hi

 

Yes thats about all you can do for now no use requesting CCA on a Overdraft details of your account and borrowing will come through with your CPR request.Send CPR G/del costs £4.30 but it safe and cant be denied non reciept.

 

 

Regards

Andy

[AndyOrch]

just one other thing Pits the claiment it is barclays isnt it send it to them or sols depending what it says on your summons

 

If you get chance can you post the details of the POC thanks

 

 

Andy

[pitstoppen]

How did you get the overdraft (telephone/in person and signed etc)?

 

I think it would have been over the phone... or even just them increasing it over time, I've had this account since before university, long time ago before overdrafts were invented I think.

 

"no use requesting CCA on a Overdraft" so there's no need for me to request this?

 

I will send it recorded so they sign for it - Claimant is Barclays and it says to send all documentation to Barclays

 

Thanks again

[pitstoppen]

just one other thing Pits the claiment it is barclays isnt it send it to them or sols depending what it says on your summons

 

If you get chance can you post the details of the POC thanks

 

 

Andy

What's a POC?

[Boro]

Particulars of claim

[pitstoppen]

I sent the letter - guaranteed next day and all that - however I messed up the dates, it should have said you have 10 days from the 7th thereby the deadline is 17th/Dec, but instead I think I was looking at a calendar for November and it said 9th and 19th instead....

 

i guess theres not alot for me to do.

 

what I was wondering is, I thought all court claims regarding unfair bank charges were on hold? till next year, if I go in with that as defence what will they do? Will they rule in favor of barclays because the case is still pending?

or will the whole thing be placed on hold?

 

OK and here's the Particulars as written on the claim form:

1. THE CLAIMANTS CARRY ON THE BUSINESS OF BANKERS

2. THE DEFENDANT IS AND AT ALL MATERIAL TIMES HAS BEEN A CUSTOMER OF THE CLAIMANTS

3. THE DEFENDANT IS INDEBTED TO THE CLAIMANTS IN THE SUM OF 4403.21

INCLUDING INTEREST PURSUANT TO BANKING FACILITIES PROVIDED BY THE CLAIMANTS TO THE DEFENDANT FULL PARTICULARS HAVING BEEN DELIVERED TO THE DEFENDANT.

AND THE CLAIMANTS CLAIM:

1. THE SUM OF 4403.21

2. INTEREST UNDER S69 COUNTY COURTS ACT 1984 BEGIN 8% PER ANNUM. CALCULATED AND CHARGED ON A DAILY BASIS FROM THE DATE OF ISSUE AND CONTINUING UNTIL PAYMENT OR JUDGMENT.

[AndyOrch]

Hi Pits

 

Dont panic about the dates its not a problem even if you had given them a month its rare to recieve a reply because it enables them to frustrate your defence, still all goes against them in the D/Judge eyes.

 

With regards to your second point yes this is quite true but the difference in your case is that they have instigated not you and no bank charges are mentioned in their POC (even though they are hidden in their claim)Hence your CPR Request,to establish the true amount in question.

 

Now if the above is not forthcoming before your deadline for Defence submission, you will enter what is called an holding defence.This basically refutes their claim and requests permission to amend your defence at such time the information requested is recieved and also informs the Court of any attempt made by them to frustrate matters.

 

On submission of your defence be it holding or final depending on you recieving said information,this will then be forwarded to the claiment with 28 days to reply on their intentions towards your defence.If they fail to reply then it will be put on Stay(hold) until further Directions are sought.

 

I trust the above answers your concerns for now.

 

 

Regards

Andy