The Druid v Barclays Bank

[emmabk]

druid:)

i dont have a clue about url's or anything like that i know i need a legal opinion and fast!

can you help

[The Druid]

Received from Anne Cooper, Customer Relations Advisor, Barclays Retail Banking Customer Relations, Leicester, today.

 

"I am also claiming back the sum of £581.50 in respect of payments you have taken from my account (ACCOUNT FEES), which I have never signed up for, or authorised, in any way whatsoever."

 

Dear Mr ******,

In our previous letter we promised to provide you with an answer as quickly as possible. I am now able to do so.

 

Firstly, please accept my sincere apologies that the removal of the Additions feature on your account was not removed in a timely fashion. I have arranged for your account to have the Additions feature removed within 5 working days. ( Notice it doesn't take them 5 working days to hit you up with a £30 letter !! NOW GET THIS..............) I have also refunded the amount of £118.00 to your account. ( Is she having a laugh, or what !!!?? I would have thought that Barclays employees were better at maths than that !!! Or perhaps not !! ).

 

I hope I have answered all your concers. If you would like to talk about this further please call me on 02476 842178 Monday - Friday 9.30 am - 2.30 pm. I will keep your complaint file open for 8 weeks so you have time to consider my response. ( Barclays now have 13 days to consider MY response !!! ). If I have not heard from you by then, I will consider the matter closed.

 

our aim is toresolve all complaints internally, although we recognise that this may not always be possible. If we are unable to agree a way forwardyou may be able to ask the Financial Ombudsman Service to review your complaint. We will help you to do this ( I BET you will !! ); however. I hope we can resolve this matter before you take this step.

 

You can find more information about how we deal with complaints and the Financial Ombudsman Service in the leaflet sent with my previous letter dated 10 August 2006.

 

We take complaints seriously and to this end i would like to obtain your feedback on the service you have received from me. ( Pay back the money you've taken from me, and I'll give you all the feedback you can stomach !! ) If you are willing, could I please ask you to phone our freephone number 0800 0185 333 quoting reference **** to complete a short questionaire. This will take no longer than 2 minutes. by doing this you will help me improve the quality of the service that I offer my customers. ( Now she IS having a laugh !!! )

 

Once again I am sorry for the problems you have experianced, thank you for letting us know.

Anne Cooper

Customer Relations Advisor

[The Druid]

Emma, look at the browser bar and you will see an "address", something beginning with http://

Right click on it, copy and paste it into your post, then one of the mods will take a look at it for you. Ask for help on the board. As long as they have the address they will have a look at it for you.

[The Druid]

Here is my response to the previous letter received from Barclays:

 

 

Barclays PLC

Leicester

LE87 2BB

 

Re: Account number ********

 

 

Dear Sir/Madam

Thank you for your letter dated 23 August 2006

I respectfully request, once again, that you return to me all charges imposed on this account, totalling £3,903.79

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the full amount, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until 6 September 2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale, and that you now have 13 days remaining.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

"THE GAME'S AFOOT" !!!!!

[The Druid]

RECEIVED FROM BARCLAYS TODAY 5/9/2006:

 

 

Freepost RLTA-CSUE-TCHC

Head Office Customer Relations

London

E14 5HP

 

Dear Mr & Mrs ******

 

Re: Sort Code ********, Account No *******

 

I refer to our letter of 15 August 2006

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondance 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.

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 clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers. in line with the Banking Code. Details of our Terms and Conditions, along with our charging tariff, can be obtained at any of our branches, or via our internet site.

 

Despite my comments above in relation to your views, on this occaision, and without any admissions of liability, I am willing to offer the sum of £1,000 towards the total amount you are seeking. This is with the cost and inconveniance inherent in a further dispute in mind and is intended as a gesture of goodwill, in full and final settlement of your complaint. if you would like to accept my offer please sign and return the enclosed form in the prepaid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of receipt of your acceptance at this office.

I

f you wish to discuss this letter, or you feel their are further issues I need to consider, please contact me on 020 7116 4561, or on our feephone number 0800 282 390. If you are edissatisfied with my proposal for resolving your complaint you may ultimately be eligable to refer to the Financial Ombudsman service. The leaflet sent with our letter of 15 August 2006 explains our complaints 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 eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours sincerely

 

Laurence White

 

Customer Relations Manager

 

So, there you have it people.

D-DAY IS TOMORROW.

Rig of the day will be TIN HATS & FLACK JACKETS !!!!!

A Thousand Pounds ???? As far as I'm concerned Barclays bank AND Mr Laurence White can go p**s up a rope. LOOK OUT MR WHITE, I'M COMING FOR YOU !

 

[The Druid]

HERE IS MY REPLY TO BARCLAYS:

 

Dear Sir/Madam,

RE: £1000.00 offer.

Thank you for your letter dated 3 September 2006

 

I respectfully request, once again, that you return to me all charges imposed on this account, totalling £3,903.79

 

I will accept the sum offered only as part settlement and on the clear understanding that I will be pursueing recovery of the full amount, with a County Court Claim .

 

My letter before action sent previously indicates that you have until 6 September 2006 to respond, equitably, before Court action commences. You are, again, reminded that there will be no extension to this timescale, and that you now have 0 days remaining.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

LET SLIP THE DOGS..................!!!!!!!

HERE WE GO THEN!!! Will be filing claim online tomorrow.

[oldrope]

Hi,

This is my first post having joined today.I note Druid's actions with interest.I have 2 questions though.Firstly if I have 2 accounts open do I have to close them both before I take any action? Secondly can I reclaim the charges on one

account and leave the other one for later? I'd appreciate some help with this because I want to start the ball rolling as soon as possible.I'm with LLoyds by

the way.Brilliant site BTW!!!

 

Regards

 

Oldrope

[The Druid]

QUESTION 1: Are BOTH accounts with the same bank ?

 

QUESTION 2: Have you opened an account with a different bank, in the event that the bank you intend to take to court ( AND REMEMBER, it could well go that far), closes your account/accounts ?

 

QUESTION 3: Have you got the "bottle" and the intestinal fortitude to see this through to the bitter end once you start ?

 

QUESTION 4: HAVE YOU READ THE FAQ'S ??????

 

If you can answer YES to questions 2, 3, and 4, then........ GO FOR IT !!!!

 

There are hundreds, if not thousands, of people on this site in exactly the same boat as you, and there are the same number of people willing to help you, IF you are fully prepared to help yourself.

 

So, start the ball rolling by sending in your D.A.R. (Data Access Request), and.............................GOOD LUCK TO YOU.

[Welshman]

Hi Druid.

 

Do you intend using Moneyclaimonline or filling in an N1?

 

I am filing on Friday, having also received and rejected an offer. If you are going direct to the court, and filling in an N1, I'd appreciate some help as I have read the template in the FAQ and Step by Step sections and not sure how to phrase the text properly.

 

Thanks

[oldrope]

Hi Druid,

Thanks for your reply!! Yes I do have both accounts with the same bank,LLoyds.Yes I have opened an account with another bank. And yes I do want to see this through to the end!! However I do need to clarify a few other

things first. I've read the FAQs and I've also read some information about another LLoyds Bank situation which is VERY helpful.I'm now going to go away and plan the whole thing.One more question for the moment,can I make another

request for return of bank charges to the same bank but for credit cards?

 

Yours very gratefully

 

Oldrope

[Nightstar]

CLASS DRUID PURE CLASS

[The Druid]

COURT PAPERS FILED TODAY

AT COUNTY COURT OFFICES

15:40 hrs !!! Let's see Barclays pick the bones out of that b****r !!!!

 

For those of you that are still hesitating. i went along to the court offices, explained what I intended to do, and asked for an N1. Filled it out there and then, paid my cash, and walked out of the office whistling a happy tune !!!!! LOL

The N1 form is simplicity itself to fill out. Attatched 2 copies of all corespondance between myself & Barclays pertaining to the case, plus 2 copies of schedule of charges claimed. JOB DONE !! Took me all of 15 minutes and that included writing the cheque out.

Total claim:- £4,668.08 + £120.00 in Court fees.

PIECE OF CAKE !!

 

Barclays now have 14 days to respond, otherwise....................................

IT'S SHOW - TIME !!!!!!

[The Druid]

P.S. WELSHMAN...........................Here's some text for you:

 

 

 

" IN THE ANYWHERE COUNTY COURT

BETWEEN

JOE BLOGGS CLAIMANT

And

GRABBBIT BANK LTD DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

Date: "

 

There you go !!!

[The Druid]

OLDROPE.........I would advise you to post your question regarding your bank card issue to one of the moderators. To be honest with you, I have no idea. My personal opinion is that your bank account and bank card are two separate issues, and should be treated as separate claims. But, again, check with someone who knows about this stuff first, before you proceed.. GOOD LUCK.

[Stevie T]

Well done Druid! Time to sit and be patient now, I'm afraid! You'll not be getting owt of any interest from the bank for another 28 days! Good luck

[The Druid]

Just a small update. barclays have stuck me on for ANOTHER Paid Referral fee of £30.00. Just added it to my spread-sheet and, guess what, in the 4 days since they've stuck it on, it's earned me 3 pence in interest !!!

NO PRISONERS !!!! LOL

[The Druid]

Please have a look at this post. My question is this:

Since filing my claim at county court, to which I attatched two copies of my schedule of charges (as per), Barclays have stuck me on with another "Paid Referral" fee of £30 .00.

It is my intention to claim this back too.

How do I go about this? I have already added this amount to my spread-sheet, since filing at court. As and when I get a court date, do I just send the court an updated copy of my schedule of charges? Or will the court just work from what I've already sent in?

 

Next question:

I am assuming that the court will revise the amount of interest incurred on the difference between filing and the actual court date. Am I correct in this assumption?

 

Last question:

If we get "down to the wire" and Barclays offer to settle, what amount do I accept? Do I just agrre to accept the full amount originaly claimed ( pre 8% interest), or, because I've actualy filed the court papers, do I hold out for the FULL amount, including the 8% interest that the court will slap on, PLUS my £120.00 court fees?

 

Personaly, I'm inclined to take them to the cleaners, the same as they've been doing to their customers for years. I would very much appreciate your opinion on these matters. Thank you.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/15987-druid-barclays-bank.html

[Welshman]

Good questions Druid. Although I don't envisage any more charges, these are questions I would have myself. As you know, I'm running pretty close to you timescale wise. Looking forward to seeing the replies here.

[Spotted Dog]

I think you cannot add this latest charge on as far as the Court is Concerned.

In the usual turn of events Barclays will settle before court anyway. You could tell them you want it all back plus the latest charge when you get their offer to settle. However, you may get more fun from leaving out this latest charge until they have settled the full amount and then, tell them they have just settled and give me back this latest charge immediately or you will go through the whole process again.

 

Spotty

[victimnomore]

I'm no expert, but here are my thoughts, for what they're worth.

 

First question - I don't know, but I don't think you can add it unless you have made some reference to "further such charges" and even then it would be problematic.

 

Second - Yes, any settlement through the court should include interest right up to the date of the settlement. Each day your claim should go up by the "daily rate"(total charges x 0.00022).

 

And finally - It's your choice what you would accept from Barclays as settlement. Common experience here seems to be that at the eleventh hour Barclays are pretty desperate to avoid a court appearance, so you can expect to be able to demand "full" settlement, i.e. original claim plus interest (at the rate of 8% per annum on each individual charge) up to the point of settlement plus costs (i.e. your court fees). Surely at this point, when you've got them by the whatevers you can DEMAND the refund of any additional charges.

 

Hope that helps.

[petetheleek]

hi druid

im in the same posistion as you i filed my claim last 6/9/06 so what now?? what court did you go too mine was good old southend on sea

[The Druid]

Just a quick update matey peeps:

 

From the court:-

" Your claim was issued on 8 September 2006. The court sent it to the defendant by first class post on 7 September 2006 and it will be deemed to be served on 10 September 2006. The defendant has until 25 September 2006 to reply ".

 

Just phoned the court and they have heard nothing yet, they haven't even filed an acknowledgement of service which would have given them 28 days from the date of service. So, if nothing is heard by Monday pm, I shall be making a request for judgement. Hope the buggers STILL refuse to pay because a very good friend of mine is a High Court bailiff, and nothing would please me greater than to storm into Barclays head office in London and watch my friend and his team seize all of their computor equipment !!!!!!!!

[The Druid]

THE GLOVES ARE OFF, AND THE BELL HAS JUST RUNG FOR THE FIRST ROUND.

Barclays had until today 25/09/2006 to acknowlede or whatever. I've just phoned the court up and Barclays have acknowledged at the last minute. I have also been informed that they have a solicitor acting for them, so it looks as though this one may go to court after all. Has anyone else experianced this, i.e. the bank employing a solicitor to act for them? They now have a further 28 days to get their ducks in a row and present a defence, which I shall be very interested to see. If any moderator reads this please PM me and let me know what you think. Could do with a bit of moral support here people. Will post further as soon as I see what Barclays have planned. Now its just a question of who has the most "Bottle", me or Barclays !!! If Barclays think its them, then they're in for a BIG SHOCK !!!!!!!

[Steclfc]

Hi Drud, I'm following your thread with great interest.In the same boat as you, I reckon Barclays owe me in excess of 3k..Quick question does the additions account have any bearing on the claim..Thanks and good luck

 

Steve

[austenpowers]

Don't worry this is all very normal and you will probably find the solicitor actually works for Barclays. And it is 28 days for barclays to submit the defence from the date the claim was deemed to be served not 28 days from the date of acknowledgement. Hope that helps, best of luck