Welshman v Barclays **WON**

[davidwilcock]

Hi, just about to start my own thread. need to ask a quick queston first thou. i've just recieved a letter from Barclays offering me £1000, i know i must reject this with a letter like this,

Dear Mr White

 

Thank you for your letter dated 23rd July 2006.

I have to say that I find your offer of £1000.00 some what insulting taking into account that the total Barclays have charged me currently stands at £xxxx.

 

I am happy to acknowledge this as partial payment of the money owed to me, however I will still be seeking payment of the outstanding balance and this does not constitute closure of my overall claim.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I require repayment in full of this money, for which I have enclosed another copy of my charges. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount with interest plus my costs and without further notice.

 

I look forward to hearing your comments

 

 

Yours Sincerely

 

however i was going to file with money claim today, do hold off now for another 14 days or not. and also if i do file today do i file for £1000 less?

[Spotted Dog]

You continue to file your claim as per your timescale.

Do not reduce your claim by £1000 - you wont get it from Barclays. As soon as they get your response (which you should still send) they will say tough luck no deal, we want to get away with a measly £1000 as full and final settlement only.

 

Spotty

[narchuk]

thanks welshman

 

i be reading your thread to keep updated on how you going as i seem to be a little bit behind you so all seems good

 

i will read the section about the bundall and get that all sorted to send of or get ready for when we go to court

 

thanks again

[Charbydis]

See my thread for further interesting developments.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/19410-charbydis-bs-barclays.html

[Welshman]

Just got back from a weeks' work away to find nothing in the post so rang the court to be told that it has now been transferred to Cardiff. Being processed tomorrow.

 

I spoke to the Court Staff who told me that the Directions Hearing is just that. Nothing is required from anyone as it is only for the Judge to direct where the cases go next. There's a good chance that, as mine is, in essence, the same as others already in the process it will be added to the ones in the list in December.

[JackieJ]

Will keep my fingers crossed they move speedily for you Welshman and that you get your money soon!!

Am following your thread with interest as I'm almost at AQ stage so have found your comments very helpful.

[Welshman]

Glad to hear it. We're all here to help each other.

 

Good Luck

[Organic]

Hi Welshman. Have you heard if your case is being transferred yet? I got a letter from the Cardiff County Court last week saying that directions will be given on my case by Judge Hickinbottom on 21st Dec at 10am. I don't have to attend, but if I don't I need to make a written representation. Anybody any idea how to write a written representation? I don't want to damage my case...

[Welshman]

Good Question.

 

I think I have covered everything in my particulars of claim when I submitted the AQ. I think the only matter I would want the Judge to consider mostly would the matter of Standard Disclosure. If he were to direct that the Bank disclose by XX/XX/2007, the way they calculate their charges, this would bring a really swift end to the proceeedings.

 

Don't do that just yet, let me check first and I'll get back here soon.

[Organic]

Thanks. I think there are a few of us in this position at the moment!

[jacquilottin]

Hello Welshman, thanks for getting me onto this site, no. 105. what you spelled out there is exactly or next exact the wordings i got from barclays defence. I also received a questionnaire from the courts. now how do i progress? i notice you & others talking of bundles, which i suspect are documents to put together. do these go back with the questionnaire? some acronyms you've used are baffling. What is LBA, or AQ. please any advice on what to do now.Ta Jacqui

[jacquilottin]

Hello welshman, is this what you mea by me using a 'thread' to keep all my communication so you can monitor whats going on?

[Welshman]

Yes, your thread is here . Keep all your questions to your thread so we don't lose you.

 

I've answered your last question on the other thread.

 

Good Luck.

[Welshman]

At the bottom of your AQ (Allocation Questionnaire) there's a form number. It will be either N149 or N150. Dependant on which one it is, for information how to complete it, you need to go here .

 

In section G you will need to write this:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

You need to print it quite small to fit it all in.

If you need more help, post a question in your thread.

Good Luck

[jacquilottin]

Hi Welshman i have just gone to my thread as you indicated but the mail does not appear here when i come back to yours. will u be able to read it from there. sorry to sound daft, this is all very new to me. does this mean i don't send replies from here anymore? but always go to the link you gave me? jacqui

[jacquilottin]

oh i found it. have got a Form N149. will go on to read that now

[lottie36]

Noswedd dda.I can speak welsh but its rusty.Been keeping up with your thread.Well done up to now.They(barclays)have until 19th of Nov to defend themselves.I filed my clain with mcol but oops i said that my claim did involve the human rights act.Do you know if this will cause me problems?

[lottie36]

Am I in over my head.This all sounds really complicated at this stage.Taking it bit by bit but have never done anything like this,can't even keep up with a thread!

[Turbotoon]

Hi welshman...only just heard about this site this evening believe it or not on my car club lol so I am gonna send a 'tenplated letter' to Barclays with the ten quid (though i read its free?) for the past 6 years statements and 30 quid a day charges for 1st 3 days ...pfff.!

 

u have given me a urge to sort it so cheers matey

[Super Saints]

Hi Welshman,

 

This is one of the best threads i have read (out of the thousands which i have read) and as i am days away from sending my LBA i am followiing yours and others progress closely.

 

I really look forward to hearing the outcome of this story and hope that Barclays realise their time has come to end concerning always winning against us so called valued customers.

What comes around goes around as they say!!!

 

Good luck from here on in, not that you need it, and thanks again for this wonderful thread.

Kind regards , Mark

[alyhalfpint]

I sent off my AQ back at the beginning of August and have only just had a date back from the court for 21st dec at 10.30 (looks like I'm up straight after you organic!) I phoned the court a month or so back to find out why I hadn't heard anything. I gave the blokie my case no and he went 'ooohhh, its another one of them bank claim ones.' He said they were waiting for results on test cases in london or something then were going to put them all together on the same day, which looks like its probably judges last day before xmas hols and is looking forward to going home early when no one turns up cos they all settled beforehand!

I'm a bit stuck now as to what to send to court and barclays. I have read it somewhere a long time ago and am about to go digging but if you're able to give me some idea Welshman it would be much appreciated.

Ta.

[Welshman]

That was quick. Transferred to Cardiff last Thursday and letter this morning that it has been listed alongside the others for a Directions Hearing on the 21st of December 2006.

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

Defence laid on 10/10/2006

AQ received/filled in/deposited in Court 12/10/2006.

Barclays submitted their AQ on the 30th October

Notice of transfer to Cardiff County Court 9/11/2006

Listed for Directions Hearing at Cardiff at 10.30am 21st December 10/11/2006

[sean28]

Good luck Welshman, what a nice Christmas present that will make. Just filed my MCOL and waiting nervously for the reply.

 

Good luck

Sean28

[jacquilottin]

Hi Welshman, sorry for bogging you again. Pls could you confirm to me whether after paying this extra £100 to the courts when sending back my questionnaire, they will calculate and add all the inerest to my £2500 claim?. i am terrible with figure and didn't know how to do that. i ahve posted a new thread soewhere to find out whether my account will be closed as barclays continues to claim £35 charges so over this whole period i have maxed and now gone over my agreed OD limit of £2500. will they demand all this be paid in say a month, or close my account? any such experinces from anyone? thanks. jacqui

[jacquilottin]

how to i go irectly to my threads when i sign on or get replies there to follow on from previous messages. i cant get all my messages in one thread as you advised. have read the relevant pages but still terrified of how to go on with the questionnare and return the forms to court by 26/11/06