Boonyed v Barclays **WON**

[Dom]

Ok folks... not much posting by me lately...

 

However, I now have a court date of 24th October... (long time off but my choice) I have emailed Mr Jeremiah and Nick Cardigan to offer them a chance to settle prior to court... I will start my email with the words 'without prejudice'...

 

I will keep you posted...

[boonyed]

I sent my bundle off to the court and copied it to Barclays last week, I received a letter yesterday offering me what amounted to 80% of the total sum they owe me. The interesting thing about the letter from Mr Jeremiah was that it was headed 'without prejudice save as for costs'.

 

After doing a little research myself and having spoken with a senior member of this site I have taken the decision to reject Mr Jeremiah's offer and sent the following letter;

 

Dear Mr Jeremiah

 

Thank you for your letter dated **********2006.

 

I see that what you are offering me is in effect a ‘Part 36 Offer’.

 

However, I know and I fully expect that you know that part 36 offers do not apply to small claims.

 

I consider that your letter is an attempt to mislead me and to intimidate me by presuming a lack of knowledge on my part.

 

If we do go to court on this then I shall be pointing out your tactic to the judge when the time comes to discuss costs.

 

I am prepared to accept £****, plus 8% interest calculated at the date you send your cheque, plus my £*** court fee.

 

I am not prepared to accept anything else, please do not bother to contact me again if you do not agree to this.

 

Yours sincerely

 

It seems that Mr Jeremiah and Barclays Bank will try anything to deter people from going to court. They do not want to lose a case as this will open the flood gates to everyone who has had penalty charges taken from their accounts.

 

Stick with it, its your money!!!!!

 

BOON

[Spotted Dog]

Good on you Boon

 

Spotty

[Dom]

Nice one BOON, It would be easy to see why at first you would be tempted to accept the offer... However it is 80% of whats rightfully yours... Yes, its your money these people have taken in the name of charges... unfair and illegal penalties...

 

Stick with it, the last thing the banks want is to end up in court and lose and have a judgement against them... I can see the case law now... Boon v Barclays 2006...

 

Well done...

[boonyed]

I've just received the following e-mail from Mr Jeremiah.

 

Without prejudice

Dear Mr ******

I refer to my letter of ** August 2006. I am enquirying as to your decision regarding my settlement offer of £*****

I look forward to hearing from you.

Yours sincerely,

Keith Jeremiah

Legal Executive (Fellow)

Barclays Legal: Litigation & Disputes

Floor 29

One Churchill Place

Canary Wharf

London,

E14 5HP

 

To say he's their legal representative, you'd expect that he'd be able to spell!!!!

I told him to poke it and I'd only settle for the full amount.

 

BOON

[boonyed]

Mr Jeremiah has returned my e-mail accepting my request for a full refund including costs and interest.....which is nice!!!

 

Stick with it everyone, you too will get yours.

 

BOON

[Grimsolo]

CONGRATULATIONS!

 

I have just sent back my AQ and am awaiting a court date, I think I will copy what you have done and see how it goes.

 

CONGRATULATIONS!

 

Grim

[omollmeg]

Congrats!!!!

This waiting around is horid though!!

;-)

[boonyed]

I agree!!!!

 

I think it was 9th March when I sent my first letter.....over 5 months and they now decide to pay out!! I wonder how many have given up after a few weeks, or when challenged by Barclays.

 

My advice is to keep going, don't give up, they are playing the game all you have to do is play it with them.

 

I keep saying it and I'll say it again..... IT'S YOUR MONEY.

 

BOON

[boonyed]

I've sent off the ammended Barclays letter, accepting Mr Jeremiah's kind offer of a full settlement, including cost and interest. I've crossed out the confidentiality clause and informed him that I will inform the court when the money clears. That only gives him till Thursday......lets hope he's on the ball, they're working to my timescale now!!!

 

If anyone else receives a letter from Barclays, or any other bank for that matter, headed; 'without prejudice save as to costs', have a read through the previous page of my thread. You will see that this tactic is unenforceable and will not stand up in court. They are trying to intimidate you and the judge will take this into account when it comes to discussing the award of costs. That said, no claim will get to court!!! The banks can't afford for ANY claim to get there, they are petrified that a judge will find against them and so open the floodgates to new claimants.

 

DO NOT BE PUT OFF BY THE BANKS, DO NOT FALTER, TAKE EVERYTHING THEY THROW AT YOU.....YOU WILL WIN IN THE END!!!!

 

IT'S YOUR MONEY - GET IT BACK!!!

 

BOON - OUT!

 

Its been emotional

[Carl Stevens]

Hi congratulations on your result. Iam due to go to court on 8th sept and am interested in sending a part 36 letter what exactly is that my thread is new claim joint one

regards

carl

[sean28]

Congrats on your win, that gives me some hope.

 

Sean28

[Bookworm]

Just came across this thread!

 

to you, very well done!

[Holteender]

Well done Boonyed.. Stick it to the man!!

 

Have you (or anybody who has received their charges back) considered now doing another Subject Access Request and asking for all the notes relating to your complaint re charges and the investigation of the complaint?

 

It might make interesting reading to see the internal procedures and comments when they receive another demand for charges to be refunded?

[No1male]

hi boonyed. Congrats on winning

 

recieved our court date for the 31st january and looking forward to it. Was hoping that Barclays would pay up before the end of the year as this has dragged on for nearly 6 months now

 

Was interested to find out what you wrote in your letter to KJ? I am tempted to phone him to try and get him to settle sooner if that isnt the way to go then i wanted to email him.

 

Any tips on what to put?

 

Regards and congrats again.

 

Paul.

[Jonnie Reclaim]

Hi Boonyed and WELL DONE !

 

Your comments certainly provide motivation to carry on through 'the obstacles' erected to delay and dissuade by the Banks.

 

I am at 'Defence' stage with a mcol (Defence lodged after request for judgement at day 29 (after expiry of 28 day period). I am getting pretty sick of the way that the Court system is being manipulated by the banks, and the lack of regulation of their activities - great motivation to carry on.

 

Well done again - enjoy the cash !!

 

Jonnie R.

[transporter]

Congratulations on your result. Leaves hope for us all.

I have just sumitted a letter to the wonderful Barclays for Some £2405 without interest applied.

I'm sure due to your success you are being bombarded with questions but I wondered if I could pose another?

Did Barclays leave your Bank account open as I understand some banks are closing customers accounts after paying up?

[Turbotoon]

interesting stuff....im gonna send off for my statements asap and see how much these buggers owe me!

 

Did Barclays leave your Bank account open as I understand some banks are closing customers accounts after paying up?

 

i'd like to know this aswell lol.....

[bluenose81huskys]

Good Drills, Cant Wait to send my stuff, Bring em on!!!!

[fytinbak]

Well done Boonyed I think the determination won through and I can't see issuing a defence is anything more than delaying tactics.

 

I am new to this site but i wondered if anyone had any experience in claiming back charges from Barclays masquerading as "commission" when applied to a small business (sole trader) account.

 

my wife was banking under her own name "trading as" and has been charged more than £2,500 in the past 5 years. We are determined to get it back.

 

Any advice or experience would be welcome

[mancity5]

Congrats on your win!!! I am currently up to the point of submitting my claim to the small claims court (but getting a little nervous). I am trying to claim back 3750.00 plus interest. Barclays have offered me 1900.00 yesterday 12/11/06.

 

I’m experiencing problems with Moneyclain.gov.uk website. I don't suppose you could help out by posting your wording as i just cant keep it to the 1080 characters.

 

Really appreciate it thanks mancity5:rolleyes:

 

 

 

 

 

Well, nothing came in the post this morning, so I have just filed a County Court claim against Barclays Bank for £499.07.

 

The process was quite simple though I did have to monkey around with the model text from the library section to get it to fit into the text box provided. The problem was that when I was filling in the claim form it prompted me to add a section of text if I wanted to claim the interest incurred, so I cut and pasted that into the box and went over the 1080 characters, or 24 lines, allowed.

 

When I trimmed it down, I was still taking up more lines than I should have so I had to go through it all and see where I could trim a little more. Not too onorous a task though, I'm sure the bunce will make up for the hassle.

 

Wish me luck, and if there are any out there who have got this far with Barclays please get in touch, I might need a little reassurance.

 

BOON

[boonyed]

Thanks for all the good wishes, it's been a few months since I looked in on the site and was surprised at the number of replies to my thread. I popped back in because Barclays have deducted another 3 'illegal' charges from my account and I'm preparing to give it 'em large again.

 

A friend of mine also got paid out last week, the day before his court date, so hold your nerve and don't give in....THEY WILL PAY UP!!

 

Mancity5 asked about the wording for Moneyclaim, this is what I sent;

 

I have a contract with the defendant bank

dating from 19## 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 6 years. The bank's 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 s4 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 meaning of the Supply of Goods and

Services Act 1982 s15. I have repeatedly

asked the bank to justify their charges but

they have declined to do so. I also claim

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 25th April 2003dates to be supplied to

24th April 2006 of £##.## and also interest

at the same rate up to the date of judgment.

 

I still have my bank account with Barclays and have not encountered any other problems, apart from the fact that they've robbed another 90 quid off me!!

 

Fytinbak - Have a look in the library section, I'm sure your wife will be able to claim her money too, but you'll need to look there for the relevant info.

 

Good luck all, not that you'll need it....remember THEY WILL PAY UP!!

 

BOON

[breadline]

robbed another 90 quid off me!!

 

 

Hi Boon you will need to edit your post, liable comments,

[Bookworm]

And if you haven't done so yet, pls can you start a new thread for claim no2, so we don't get confused. Call it round 2, or whatever.

 

Welcome back, although sadly not in the right circumstances!

[boonyed]

This topic was closed on 03/06/19.

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