Thunderpuss2K's missus v Barclays

[thunderpuss2k]

DPA request sent 2/6/06

Copy statements arrived 30/6/06 - plus refund of DPA fee!

Prelim sent 30/6/06 for £1,060.00

 

Will update as and when things happen..

[thunderpuss2k]

Prelim delivered 3rd July 2006.

 

Standard letter received this morning, promising to give an answer or update 'as quickly as possible, but no later than 31 July 2006' - with one of those nice 'don't hold back your feedback - What to do if you want to complain' leaflets.

 

Going to sit back and wait for either another letter, or the 14 days to expire (this Monday), whichever is sooner. Then LBA time.

[blueskies]

Sounds good, keep up the good work

[thunderpuss2k]

Sounds good, keep up the good work

 

Thanks, will update this thread as soon as something worthwhile happens

[thunderpuss2k]

No response since the aforementioned 'we've received your complaint' letter. LBA went today to an 'Andrew Walton' At Barclays Retail Banking Customer Relations, Leicester - as he wrote the 'complaint is being investigated' letter.

 

Time is ticking.. if nothing in 14 days then Moneyclaim is next.

[beefykoala]

I got one of those niceynicey letters. My next letter is prepared and ready to go this Thurs if they dont suddenly have a change of heart!

 

All the best claiming it back

[thunderpuss2k]

Got a letter this morning from Karl Voller, Senior Case Manager. I'm not going to transcribe it word for word as it's rather long, but the basics are we disagree with your view about charges, you agreed to the terms and conditions, but despite our above comments, and without any admissions as to the basis of your complaint, we're willing to offer you £495 as a gesture of goodwill (refund due is £1060)

 

LBA is 8 days away from expiring, so what I thought was I'd sent a note back to Karl Voller to say that'll do nicely as a part payment, but I still want the rest.. you've got til 8 days time to provide the whole lot in cleared funds otherwise court action will follow.

[Spotted Dog]

Seems the right thing to do

 

Spotty

[thunderpuss2k]

Here's what I wrote.. after posting my last message I noticed that the acceptance form he wanted signed and returned said 'in full and final settlement'. Cheeky sods.

 

I refer to your letter of 25 July 2006.

 

As previously stated in my letters of 28 June 2006 and 17 July 2006, the amount I am requesting to be refunded is £1,060.00. Your offer in full and final settlement of £495 is not acceptable.

 

As per my letter of 17 July 2006, failure to repay £1,060.00 by Tuesday 1 August 2006 will result in a County Court claim being issued without further notice for the full amount plus interests plus costs.

 

I look forward to your response shortly.

[thunderpuss2k]

Never got a response to that letter, so pushing forward with Moneyclaim this afternoon.

[thunderpuss2k]

Slightly later than shown in some listing magazines, but..

 

Claim for £1060 plus £98.53 interest and daily rate of 23p made this evening. Total (including court fee of £120) £1278.53

[thunderpuss2k]

Acknowledged on Monday, got a copy of the AOS from Moneyclaim today. Two familiar names have cropped up.. Keith Jeremiah as contact, with James MacDonald, Pupil barrister as defending.

 

Seems James is a busy lad of late.. hope they're paying him over the minimum Bar Council levels (see Pupillage - Wikipedia, the free encyclopedia)

[snapdragon]

Wondered if this is a Bank account with Barclays or a credit card. I would like to take on Barclays over my 3 x credit card accounts but am concerned that they will call up debts and demand repayment. That would be a bit difficult to explain to haubby as he doesn't know I have them!!!

[thunderpuss2k]

Sorry for the delayed response, it's a bank account.

 

Nothing from Barclays yet..

[thunderpuss2k]

Deadline for defence to be filed came and went, so as soon as Moneyclaim let me put in a request for default judgement I did so. It then sat there waiting to be looked at.. meanwhile Barclays filed a defence - dated and timed at 4.45pm on the day the defence had to be in - and the court then went on to reject my request for default judgement.

 

What fun. It's been transferred to my local court now, AQ has been filed so just a case of waiting now.

[CrispDust]

The liberties the banks take with the court system just beggar belief - and whats more the courts let them get away with it.

I bet if you had filed your defense 45 mins late it would have been rejected.

[thunderpuss2k]

Well yeah exactly. The fact its signed and dated *after* the court officially closed anyway.. numptys.

 

I won't bore you with their **** poor defence as it's the usual standard one.

[rascal]

Do they have 28 WORKING days to submit a defence or 28 days in total??

 

How do you work out the interest up to the date of judgement?

 

Is it 8% or 0.31p daily rate???? Ive just been going through my particulars of claim and I dont understand the amount I should claim for in the case of a judgement by default.

[victimnomore]

The 8% works (as I understand it) like this:

 

Once your complaint gets to the court claim stage, you add interest to each charge imposed on your account at the rate of 8% per annum. This is worked out as; the amount of the charge, multiplied by the number of days between the charge being applied and your claim date, multiplied by 0.00022 (the daily equivalent of 8% per annum). There is a spread sheet in the site library that works this out for you.

 

Add all that up, and it gives you the total amount of interest as at the date you put your claim into the court system.

 

Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the "daily rate", the amount by which your grand total settlement figure increases each day from the claim date onwards.

 

Hope that helps.

[thunderpuss2k]

Interesting times. Hearing is 5th March (week today), and Barclays have not been in contact, nor have they served any documents to either us or the court that they intend to rely on in the hearing. The deadline was 14 days before the trial, so it's too late now.

 

Got two options: 1 - give them a nudge and suggest they settle, or 2 - turn up to the hearing. Only problem with option 2 is that I would prefer to be the claimants representative, but it's a little too late to file that request.

 

Suggestions?