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    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
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Barclays Additions


adrian1972
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i had this problem several years ago, my normal, non fee paying account got changed without my permission.

One polite letter to head office, pointing out i had never claimed anything or used any of the extras, and that i had never agreed to it, and i got all the monthly fees back, with an apology.

Admittedly it was only 7 months of fees, but nevertheless, try a polite letter to head office first :)

question everything!

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Hi Adrian,

 

The subject hasn't come up much recently but, if you do a site search on the subject, you'll find loads of threads on this.

 

Write to Barclays and complain that you never asked them to open an Additions a/c, or change your a/c to Additions.

 

Ask if they would confirm exactly why this was done and tell them you'd like a full refund of all Additions charges.

 

If you have benefitted from any of the a/c features, they may argue but, more likely, they'll offer a partial refund which you can then negotiate on.

 

Keep us updated.

 

:)

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Thanks guys, great help as always. I think i've been paying the fees for at least ten years :eek: and have never used any of the supposed benefits. I'll get the letter written and sent off this weekend, watch this space

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Jeepers,

 

That'd be worth reclaiming !!

 

If you really don't think you opted for this, you could ask them for evidence to show how and when you applied for or agreed to Add'ns.

 

I'd write to HO saying you believe your a/c was changed to Add'ns without your knowledge or consent. Would they kindly refund the amounts taken from you as you have only now realised this has been happening and you could challenge it.

 

They may offer a small refund to start with.

 

Then you can go back seeking evidence to show you opted for this. If they have none, seek the full refund.

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  • 1 month later...

Ok,

 

Basically i've had 2 letters from Barclays asking for time etc etc. So after reading bazaars thread

http://www.consumeractiongroup.co.uk/forum/barclays-bank/189031-barclays-additions-reclaiming-charges.html#post2062557

 

i'm going to use his letter and send it this week. Also i've since found out from statements that my account was changed in October 03, without my knowledge.

Just wondering wether or not i should enclose a schedule of charges with the letter?

 

And, F.A.O of slick i read on another thread you posted on that you should ask for 8% interest s69 i believe, is this right?

 

Cheers guys

 

Adrian

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Hi Adrian,

 

You could use a spreadsheet to list the Add'ns fees and send to B's.

 

You could ask for interest on top but they don't have to pay Statutory Interest until you File a claim at court.....

 

..... unless you claim interest in restitution at the contractual rate, in which case you'd have to claim this from the outset. I can almost guarantee B's will refuse to refund such interest and you'd have to File at court and go right up to a court date. Maybe even into court for a hearing.

 

The reason I mentioned the higher int't on Smegnog's thread was that B's apparently agreed to pay something in interest. So they may agree to refund some interest to avoid contractual int't.

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Thanks again slick, i've got you.

 

Next problem, i'm doing my schedule and have got statements up to Feb 07. I need to know what month the additions fees were changed to 12.50 any ideas anyone? someone who's just got their statements i guess,

 

cheers

 

adrian

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Sorry, not a clue.

 

If anyone else knows, hopefully they'll chip in.

 

I'll put some feelers out too ............ ;)

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I will go through my statements when I get home from work today :)

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

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Take note, they will also ask why you didnt query it years ago, and theyll tell you thats why you get your statements to, tho im guessing more experienced caggers here can sort that out possibly

 

Tai Hing Cotton Mill Ltd -v- Liu Chong Hing Bank Ltd [1986] AC 80

 

(Hong Kong) A client is not under a duty to check statements received from a bank. A court should not introduce a common law duty of care into an area of pre-contractual negotiations where the parties could, if they wished, have introduced such a duty by agreement but had not done so.

 

 

That should do it. :D

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Tai Hing Cotton Mill Ltd -v- Liu Chong Hing Bank Ltd [1986] AC 80

 

(Hong Kong) A client is not under a duty to check statements received from a bank. A court should not introduce a common law duty of care into an area of pre-contractual negotiations where the parties could, if they wished, have introduced such a duty by agreement but had not done so.

 

 

That should do it. :D

 

lol bookworm

 

Thanks again slick and saintly, great help as always

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This is the covering letter i'm going to send with the schedule, thoughts anyone?

 

cheers

 

Adrian

Request for repayment of fees

 

Dear Sir/Madam,

 

SORT CODE: xxxxx

ACCOUNT NUMBER: xxxxx

 

My request

 

I am writing to you concerning the above account and specifically relating to the 'Additions' fees you are levying on this account.

I have tried to have this rectified at branch level, but the staff appear to be untrained or unable to deal with this matter.

I am not aware that I had previously requested this 'service' from you and subsequently insist on its removal from my account. Please remove it immediately.

I require ALL charges for such 'service' refunded immediately.

 

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

Finally, please take note that this issue is in no way related to any of the provisions set out in the current High Court “Unauthorised Overdraft Charges Court Action” and as such, will be dealt with separately.

 

What I require

 

I calculate that you have taken the total of xxxx

I enclose a schedule of the fees which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

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Hi Adrian,

 

I thought the above is a bit wordy and have shortened it as follows. It's up to you, of course.....

 

Dear Sir or Madam,

 

SORT CODE: xxxxx

ACCOUNT NUMBER: xxxxx

 

I refer to my above bank account and the "Additions" fees which you have charged each month since xxxdate. I am not aware of ever choosing or agreeing to this "service". I have tried to resolve this issue at branch level but they appear unable or unwilling to assist.

 

I require that you take no further Additions fees from my account.

I require a full refund of all the "Additions" fees charged to my account since xxxdate, along with an offer of compensation to reflect the unauthorised nature of these charges. I calculate that you have taken a total of £xxxx as shown on the enclosed Schedule of Charges.

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

 

This issue is in no way related to any of the provisions set out in the current High Court “Unauthorised Overdraft Charges Court Action” and, as such, should be dealt with separately.

 

I would like a full response within 14 days.

 

If you fail to respond positively by then, I shall send a Letter Before Action giving you a final 14 days to make the necessary refund. Thereafter, I shall issue County Court proceedings without further notice.

 

Yours faithfully,

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Thanks slick, english wasn't my strongest subject at school :D

 

Still trying to find out about when the additions fees were changed, had a scout about last night but couldn't find anything, would like to get everything in the post Monday morning if possible,

 

cheers

 

Adrian

 

Edit, sorted 1st jan 09

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Fire it off ASAP then.

 

:)

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  • 3 weeks later...

Just a quick update on this, I sent my schedule and letter on the 31st so the 14 days is up, got my lba ready but am reluctant to post as i received a reply crossed in the post from Barclays. Basically it says that i did use the additions account as i used the free overdraft up to £250, dont know why its taken me so long to notice on my statements etc etc.

 

So i'm wordering if i should leave it until the end of the week especially as we had 2 bank holidays in between? Also the b's took another £12.50 on April 2nd when in their letter they stated that my account had been changed.

 

Sorry to go on but another thing, i asked when my account was changed to which they replied with totally the wrong date and year in fact (i found out off my statements after). Looks like they just guessed the date and the fee because that was £11.50 in the letter also. They are totally clueless

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Hi Adrian,

 

I meant the last letter to go off to HO or Cust'r Services, but forgot to mentio this. Where did you send it and who replied.

 

I don't think their argument, that you used the overdraft, is valid. Can you say if you did use it, and were you charged int't when you went o/d.

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hi slick,

 

The reply was from Kathryn Nickolls, Customer relations case manager.

 

It says in the letter...

 

At present your monthly account statements clearly state that your account is an additions account and that £11.50 is debited from your account each month. (no it aint, its £12.50). All statements issued since March 2000 have been clearly titled additions account (wrong again Oct 2003).

 

In further support of the banks decision, our records state that you have utilised your additions overdraft facility of which the first £250 has been completely interest free. The remaining overdraft (also used) has incurred a preferential interest rate.

 

Yea slick i wouldn't have been overdrawn if it wasn't for their charges in the 1st place.

 

Thoughts on my next move?

 

thanks

 

Adrian

Edited by adrian1972
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Dear Ms Nickolls, (Spelling?)

 

Dispute re Additions account

Thank you for your letter dated xxxx.

Please send me any document which shows that I applied for, or specifically agreed to, Additions status.

If you cannot provide this, I trust you will agree to a full refund of the addittions fees as previously requested.

Yours sincerely,

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Morning slick,

 

Thanks for the reply, does this sound ok to add?

 

 

Dear Ms Nickolls,

Dispute re Additions account

 

Thank you for your letter dated xxxx.

 

Please send me any document which shows that I applied for, or specifically agreed to, Additions status.

 

If you cannot provide this, I trust you will agree to a full refund of the addittions fees as previously requested.

 

I have enclosed an up to date schedule of charges i believe you took without my permission, totalling xxxx

 

I will give you a further 14 days to reflect on this after which LBA etc etc

 

Yours sincerely,

 

cheers

 

adrian

 

p.s that was the spelling on the letter but i wouldn't be surprised if a barclays employee couldn't spell their own name

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Hi Adrian,

 

The letter looks good to go.

 

:)

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