Tracy C vs Barclays **WOOOOOOOOONNNNN**

[Mrs Charlton]

Having trawled through statements from when we opened our account in feb 2004, I have calculated we have been charged £605.

 

It was a Mum on another site who mentioned her charges to me and how she had found this wonderful wonderful heavenly place where folk were claiming back their charges, so I thought I would come and have a nosey.

 

After reading the templates and a few threads it seems I do not have to do the DPA thing, as I know all the charges that have been applied. I am writing them up now (in a table: Amount charged - Reason for charge - Date of charge).

I shall then print this out along with the 'approach for repayment of charges' letter, and send them off this afternoon. Is there anything else I should add? You seasoned folks who have been there and done that do you have any tips?

 

My letter will be going to the Leicester address (I checked on the contact details thread and it seems a few of you have been given this address so I know its not a fake-out), although when I expleined on the telephone this morning to dear old Barclays why I wanted said address, I was told 'there is no point you sending it, you won't be refunded'.........to which I replied, "we'll see petal".

 

I hope we win now.

 

So any tips / advice / hints? I am not a shy type so have no qualms about court or standing up to them, I have gotten 2 charges refunded in the past from the Complex Query Centre just by going 'RAHHHHHHHHHHH!!' down the phone at them until they listened (this has been noted on the list of charges I have totalled, will this affect anything do you think?).

 

Gosh I've gone on a bit sorry, anyway, hello to everyone and thanks in advance for any advice. Tracy. xxxxxxx

[Michael Browne]

Welcome.

 

Previous refunds won't affect your claim at all, (as long as they're not included in you present one)

 

Other than that you seem to be doing fine.

 

Any problems,just post on your thread here.

 

Good luck

[del.just]

Hi Tracey, you make agood write up.

I hope you can help, I have been charged up the yin yang over the past 6 years,

as a result of unfair bank charges, I now owe them (Barclays) a lot of money.

 

I though i was doomed to pay the full charges plus intrest back, until I heard of money saving expert website, which inturn led me here.

 

I now have a new bank account, and no idea of what Barclays has taken from me in the last 6 Years, Because i shredded all the statments out of sheer frustrasion with them, when i was trying to explain my situation over the phone.

 

 

Good luck with your claim.

 

Kind regards

 

David.

[Rooster-UK]

Del.just.

 

First of all start your own thread, then any questions you have can be answered there instead of hijacking someone elses thread.

 

First send the Data Protection Act SARS letter from the library section........

Click on this link....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

Don't forget to include the £10 maximum fee. They will probably return it but if you don't send it they will use it as an excuse to delay.

 

While you are waiting for the statements to arrive, have a good read of the FAQs and the step-by-step guides in the library.

 

Good Luck.

[JJ]

although when I expleined on the telephone this morning to dear old Barclays why I wanted said address, I was told 'there is no point you sending it, you won't be refunded'.

 

Oh yes you will... Just follow what everyone else has been doing - keep things plain and simple and straight to the point.

[Mrs Charlton]

Hi everyone,

 

Just to say that letter was sent yesterday, so this morning it will have arrived in Leicester, so by Monday it will be with whoever needs to deal with it (I sent off the 'request for repayment of charges' and a schedule of charges totalling £550).

 

Its just a matter of waiting now, I am curious as to how this will proceed. Is it likely they will cave early due to the amount of people claiming, or will that make them more determined to go all the way to court?

 

I have just read Icefalls thread (WOW! by the way ) and although not shy about standing up to them it would be nice to not have to go that far, as if they drag it out I'll be dragging my hugely pregnant carcass into court...and those little witness boxes look so small LOL. This may sound very unethical too, but do you think me being pregnant might in fact encourage them to do the right thing early?

 

So, I have set my little reminder on my laptop for 14 days and see what arrives in the post in the meantime.

 

Tracy. x x

[Mrs Charlton]

Received this in the post this morning:

 

Dear Mrs. Charlton,

 

I am sorry you have had to contact us about the level of service you received from Barclays.

Thank you for taking the time and trouble to do so.

 

I am looking into your concerns and will let you have a response or update as quickly as I can but no later than 28 July 2006. In the meantime if you need to speak to me please 0800 282 390. If you are calling from overseas please call 0044 207 699 4998.

 

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

 

Thank you for bringing this to my attention.

 

Yours Sincerely,

 

Carol O'Callaghan.

Customer Relations Manager.

 

This letter was dated 3rd July. My letter to them was dated 28th June.

I shall sent my Letter Before Action letter, have no worries about that, but shall I send it 14 days from the date of my letter or theirs, or does it not make much difference? Obviously I shan't be waiting until July 28th (are they kidding? ).

Going to trawl the threads again to see what others have done, but just incase there is anyone about who can give me a quick answer thought I'd ask

 

Was hoping for a quick resolution to this as the amount isn't as much as some folks, but ho-hum....

[Michael Browne]

14 days from the date of your prelim letter

[Rooster-UK]

MrsCharlton,

I shall sent my Letter Before Action letter, have no worries about that, but shall I send it 14 days from the date of my letter or theirs, or does it not make much difference?

Don't let the bank sidetrack or browbeat you.

It's your call. You're in control. It's YOUR timetable.

The bank will try every trick in the book (and a few that are'nt ) to delay you. Stick to your timetable, don't let them impose theirs on you.

That way, you'll show them that you mean business.

 

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

 

Good Luck.

 

P.S. If it's a boy, don't name him Barclay or Lloyd :D

[Mrs Charlton]

MrsCharlton,

 

 

P.S. If it's a boy, don't name him Barclay or Lloyd :D

 

LMAO!!!! Don't worry, new baby is a girl and we already have names picked LOL. (My next door neighbour is called Lloyd though ).

 

Roll on 12th July for the next step!!!

[Mrs Charlton]

Just to update, I sent my LBA this morning to Ms. O'Callaghan at Barclays.

 

Starting to get frightened now about court and filing claim in 14 days and stuff. I shall do it, not one to bow down to fear or bully tactics but still, can't help being a bit scared. My hubby says if it gets too stressful I'm just to accept the offer (if there is one) as he is worried about what effect the stress might have on the current occupier 'in utero'. Bless 'im.

 

Trace. x

[Michael Browne]

Although there's a timetable laid out, it's not set in tablets of stone. You can progress at your pace. A few days here or there isn't going to make any difference.

 

Any problems with moneyclaim, just post here.

[Mrs Charlton]

Well the LBA deadline is up on wednesday and I am yet to hear from Barclays...I naively expected them to offer me a miniscule amount during this time but obviously not, so its Moneyclaim on wednesday night when I get back from work.

[Mrs Charlton]

Ok, its MCOL day today, going to suss it out and file it tonight wen kids are in bed so I don't have 'Mommy Mommy Mommy' all day while I'm trying to do it LOL.

Any tips from you wisened claimers out there? Have read LOADS on the site so think I am pretty clued up, but hopefully if I get stuck later there will be some folks about to help.

 

This is what I had from Barclays this morning:

 

Dear Mrs Charlton,

 

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 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.

 

Blah blah terms and conditions you were aware when opened account etc etc.

 

Despte my comments blah blah, I am willing to offer the sum of £275 towards the total you are seeking. etc etc.

 

Then there is a slip enclosed to accept the amount 'in full and final settlement'.

 

Shall I even bother to reply or just go ahead and file MCOL? I have tried to call the perso that sent me the letter (Mr Laurence White) on a number he referred to as his 'direct line', turns out this is Barclays head office customer relations and they are unable to take my call as they are soooooooooo busy, but if I leave a message someone will get back to me in 48 hours. I think not.

 

Trace. x x

[Money4Nothing]

I had exactly the same letter from Lawrence too...

I personally would reply, saying that I didn't accept the offer as final settlement - and that you have already started legal proceedings. Give them a final chance to settle before court.

At least when it comes to court you can show the judge that you've tried your best to settle things before they got that far...

I'm suprised the courts aren't getting a little bit peed off with the banks...filing defence when they obviously have no intention of defending.

 

ps. Good luck

 

m4n

[Mrs Charlton]

Thanks M4N. I totally agree, filing a defence when they have no intention of attending a hearing to defend is rather cheeky...wonder if they'll get slapped wrists at some point for wasting court time *sigh*

 

My little one is down for a nap so just working through my claim on MCOL, will refine it tonight before submitting. I will send a letter to Monsieur Laurence stating I will accept offer only as interim payment towards full amount. I think I'll actually file claim on friday (when I have more dosh LOL) so that gives me 2 days to get claim bang on.

 

A question please folks:

 

In the particulars of claim section on MCOL I had put the following

 

I have a contract with the defendant bank under account number XXXXXXXX which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 2.5 years.

The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to Common Law. Further, as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).

In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.

I have asked the bank to justify charges they have declined to do so.

£616.22 is the amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from Feb 2004 to July 2006 of £38.97

There are 25 charges. Total inclusive of interest as of todays date is £655.19.

A breakdown is available.

 

Now, the parts in red are the bits I'm needed clarifying. The dates Feb 2004 to July 2006- is this enough or do I need to put the date the account was opened in February 2004? And do I need to put the date of filing claim for example 28th July 2006 if I file on friday?

The seconf red part is the total taken from the spreadsheet I have and is charges applied (£616.22) and interest on the charges (£38.97) added together, is this ok to include?

 

Also (I know sorrrrrrrry :? ) the box that says 'Do you want to reserve the right to claim interest?' do I tick yes? If so, then this new paragrpah needs to be entered as advised by MCOL site and is slightly differently worded to the one I have used and includes a statement about daily interest:

 

Do you want to reserve the right to claim interest?

 

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

Is this covered by what I have written or do I need to swap last part of my particulars for this paragraph? If so, how do I find out daily rate of interest? I thought the 8% we were all adding via spreadsheet was yearly interest and not daily? Is there a really simple sum I am missing (if its literally 8% / 365 days I shall cry for being so dense) or something on the site somewhere (I have searched honest not just taking the easy way by asking).

 

Thanks again everyone. Trace. x x

[Michael Browne]

This may need tweaking to fit:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of £616.22 ( = amount claimed) taken by Defendant in charges over 2.5 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of £38.97 (=8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.13p (= Amount claimed x 0.00022).

[Mrs Charlton]

That sounds brilliant Michael thanks so much :)

[Mrs Charlton]

Quick question please folks, literally about to press submit on MCOL and have drawn a blank- the total claim I am entering, is this just the charges amount or do i include the interest up to todays date aswell?

 

Thanks. x x x

[Mrs Charlton]

Its ok I've remembered now LOL. x x

[Mrs Charlton]

Claim filed :)

[Mrs Charlton]

Help please folks!!!

 

Claim was filed beginning of August and acknowledged on 3rd August. I had info through saying they intended to defend all claim and so on. But nothing seince, no change on MCOL, nothing through post. Does that mean they have forgotten about little old me?

There 28 days are up today and they have submitted nothing as far as MCOL or myself is concerned, is that it? Do I request Judgement by Default now? Please tell me its real 28 days and not 28 business days or whatever.

Help??????????????????????? Am I getting excited unecessarily?

[Mrs Charlton]

Ok MCOL is saying I cannot apply for judgement by default yet, do I literally have to wait until tomorrow or a few more days or have I got my calculations vastly wrong somewhere? :-?

 

Step-by-step guide on the site says:

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 days. You will need to apply for a judgment which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way)

C) Settle the claim in full, including interest and court fees (if they offer to settle for anything less, then refuse - YOU WILL GET THE FULL AMOUNT)

 

D) Submit a defence. If they do this, the court will send you an Allocation Questionnaire form to complete. This is quite straight forward and, once again, there is help for completing one.

 

 

So unless they file defence today, then I have won? Surely? Somebody? Come on people desperate hormonal pregnant lady needed advice here!!!!

[Stevie T]

Dear Mrs Chapman

 

From avidly following the adventures of Nightstar, it looks like they might have given up (at least while Keith Jeremiah is on his summer holidays - good for him and good for you and hopefully me!)... I think they probably have until midnight tonight and then you can press the button for judgement in the morning. If you do this before 0900 - and I am sure your kids won't let you sleep in - then you should get judgement by default confirmed tomorrow - but read Nightstar's thread for someone who know's what they're doing.

 

My defence date is also imminent so I am hoping they don't get themselves sorted out while KJ is away!

 

Good luck and well done for sticking with it!

 

Steve

[Mrs Charlton]

Just read that thread thanks Stevie T, feel much more relaxed now. Just had a nose at my calendar in kitchen and saw that 28 days were up today and freaked out a bit. Thanks so much. I'm sure my toddler will want Fifi and the sodding Flowertots on in the morning so I shall occupy her then sit down and press that button LOL.