Welshman v Barclays **WON**

[Welshman]

Hi everyone, this is my first post.

 

Sent first letter along with my £10 cheque on the 26th of June and received letter dated 27th of June in reply along with the cheque. Similar letter to everyone else's stating that they will supply statements free of charge. It's now 41 days and there's no sign of them. I will hold off until Wednesday because the 40th day landed on a weekend. I want to show that I am being reasonable from the outset, even though such a large organisation doesn't find a problem with jumping down my throat immediately I fall foul of their rules.

[Welshman]

Well by my calculation, it's now 43 days and, as misspickles correctly commented, they don't need the 40 days, so template letter sent yesterday giving them seven days.

[Welshman]

Received three A4 envelopes today (letter inside dated 8th August) so will start sifting through them this afternoon.

 

I remember reading a thread a few days ago and it listed about three entries to look for in the statements e.g. "Paid referral fee". Can someone remind me what they are or where that thread was please?

 

***** FOLLOW UP *****

 

I've been able to discard about a third of the contents of the three envelopes but the others have one of the three following deductions.

 

"Unpaids Out"

"Paid Referral" and

"Account Fee".

 

I assume the first two are what I can attempt to get back but am I right in thinking that the "account fee" is not claimable - unless I went over agreed overdraft because they pushed me over it by unlawfully charging my account with one of the other two?

 

There are lots of Account fees ranging from £7 to £9.50. Please confirm that I can go for these too - regardless of how I went over the limit.

 

 

Thanks

[Welshman]

I intend sending claim to Barcalys Bank tomorrow. The figure I have come to is £2565.50. Which of the Banks' addresses do I put on the template letter - the data Protection one, my local branch or where the statements came from i.e. Leicester?

 

I have also noted that, with the template letter, it should include the schedule. Can I use the schedule as in the template England - Simple - Excel and omit "Days since Offence" and "Interest 8% APR" or is there another template elsewhere?

 

Finally for now, do I apply for what they term as "Account Fee" which comes to £530.50?

[Welshman]

Thanks for your responses.

 

I'll have to reduce my claim in that case.

 

I thought a schedule would be a spreadsheet printout but I do understand what you say Villaburd24. I thought they'd be wanting itemisation. I don't really want to muck it up this early as my Mrs has an issue with another bank which we'll take on once this one is done.

 

I won't list the interest at this point.

 

Unless someone else posts before I send, I'll take on board what you've said, but if, as usual, Barclays don't play ball, the spreadsheet will have to be done anyway.

[Welshman]

OK, after much work, have inputted figures and dates on to spreadsheet for posting tomorrow. In the Column "In Respect of" I have entered "Paid Referral" and "Unpaids Out" as are entered on the copy statements supplied by Barclays. Is that correct?

[Welshman]

Thanks for that. Will post off today. After failing to adhere to the 40 day deadline, sent them a 7 days deadline letter, I eventually got my statements yesterday and, for good measure, a duplicate lot today!

[Welshman]

Posted the claim and spreadsheet on the 11th. Received the standard response dated 17th of August 2006.

 

I need some clarification on this point.

 

When I sent the claim and spreadsheet I put the claim dates as 1.9.2000 to 1.9.2006. Even though I mistakenly put a date not yet reached, is it still in order or should I amend it. I assume it's OK as the official claim will be via the courts.

 

Thanks in Advance.

[Welshman]

I've taken the LBA from the template and amended it very slightly using a small amount of text from the excellent letter in Don Quixote's thread. Does this look OK? I am sending it on Friday 25th Aug.

 

Barclays Bank Plc

Leicester

LE87 2BB

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am very disappointed that you have failed to positively respond to my letter of the 11th August 2006. Barclays have failed to read the detail contained within the letter pertaining to time frames and the type of correspondence I was requesting in relation to this matter. I requested, and hoped, that Barclays would enter into a sincere dialogue with me rather than respond by way of generic letters and leaflets. I can therefore only assume that Barclays have no intention of responding positively to my request for a refund of charges within 14 days, and am hereby providing notice of intention to pursue a claim with the County Court 14 days from the date of this letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

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 calculate that you have taken £XXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 11th of August 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

 

Yours faithfully .... etc

 

[Welshman]

No, I decided to take the advice of others including yourself and sent the one as found in the Library. as you quite rightly said, it's tried and tested.

 

I fully expect to have to contact the court in 14 days so will do the spreadsheet early next week.

 

Thanks for your response.

[Welshman]

Cheers Enough's Enough. They should get it this morning (Bank Holidays and all that). Have already prepared the schedule plus the 8% - an extra £450 in interest, as I don't think they'll break the mould and settle any earlier than in the past.

 

Thank You Nightstar. I've just gone for the Paid Referrals and Unpaids Out.

 

Will keep everyone informed of progress.

[Welshman]

Thanks for your input Rooster-UK.

 

I don't recall seeing such entries in the packs I received but will go through them all again to check. I do, however, recall seeing "UNAUTH O/D" somewhere in the past so looking forward to upping the claim. Will reply once again when checked.

[Welshman]

This was quick. I posted my LBA on Friday the 25th of August so they must have been working over the weekend because I have had the offer letter dated the 28th of August - bank Holiday Monday - for £1000. I'm going to post a polite "Thanks but no Thanks" letter today. My claim, before interest is £2,040. They underestimate my resolve.

 

However, one question I have is, where do I post the rejection letter to? Is it to Leicester, where all my other communications have gone to or to this NEW address on the top of the offer letter:- Laurence White, Customer Relations Manager, Freepost RLTA-CSUE-TCHC, Head Office Customer Relations, London, E14 5HP. I am inclined to keep using Leicester and maybe copying to Mr White.

 

Any comments please?

[Welshman]

Thanks for that. Have sent it back to the London Freepost address with a 7th of September deadline.

[Welshman]

Hi. I sent it to Peter Townsend at Barclays Bank Plc, Leicester, LE87 2BB but the reply came from London. They included an acceptance letter for me to sign for the £1,000 plus a FREEPOST envelope.

 

Looks like we are running neck and neck!

 

BARCLAYS

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

[Welshman]

Can someone answer the following as it may be crucial in my circumstance. I am away from home several times until Christmas and I do not want to fall foul of the timescale for returning the Court Allocation Questionnaire. They are definitely not insurmountable because I can get my mail sent on to me.

 

What is the likely timescale, after the bank enters a defence, for the AQ being sent out to me?

 

I know it is said that the bank have 14 days after receiving the LBA in order to respond but as soon as I get the letter from them telling me that the offer I rejected was the full and final one, even if the 14 days has not been used by them, would it be in order to go ahead with moneyclaim at that time? After all they are unlikely to reconsider in the time remaining.

 

Any thoughts on both questions?

 

I have never been more determined to go all the way with anything in my life!

[Welshman]

OK Spotty, thanks for that. What did concern me was that I am (95%) sure that I read in other threads that people were given 7 days to return the AQ's.

 

Moneyclaim, in my case then, will be done on Friday the 8th of September.

 

It looks like I will be home at around the 28 day mark anyway as it turns out.

 

Interesting reading on other threads updated today where people being ushered to the same court (Southend) on the same date, and Barclays getting a case moved to Central London because that's where their solicitors are based. Are they changing tack?

[Welshman]

I think we're all inspiring each other, but thanks anyway.

 

By accepting their offer of the money, BUT also telling them that you intend going for the remainder (via the courts if necessary), you are not going along with their "goodwill gesture" and "full and final settlement". It is offered as a complete package so, because those conditions are not accepted by you, they withdraw the offer.

 

Good Luck to you too and to everyone chasing whatever bank.

[Welshman]

Just a quickie. Rooster-UK, when I checked on the UNAUTH OD's, I have none in the last 6 years but there is one just outside the period but, when checking, I found that I'd missed one Paid Referral so my total's up £20 to £2060. So thanks for the £20!!!

 

Also this weekend, received another Barclays Bank letter dated the 31st of August which I think may be an error. I sent my refusal to offer letter to London but this letter's from Leicester - not withdrawing the offer but the standard "We are sorry that you had to contact us ..... etc etc and they will get back to me not later than the 25th of September" signed by Mark Desgranges, Customer Relations Adviser. I am Moneyclaiming next Friday.

[Welshman]

Yeah, still going on. Off to buy the Small Claims pack this morning and prepare the court papers for putting in on Friday the 8th.

[Welshman]

OK. I have again gone to the Step by Step section and FAQ's again and need clarification on a couple of points before I file on Friday morning. I'm probably reading too much into it but I don't want to muck it up at this crucial stage:

 

I have decided not to use Moneyclaim due to something I read yesterday so have ordered a Small Claims Pack where I will need to fill in an N1 and my questions are all to do with that. Under "Step by Step Instructions" I have cut and pasted the text to a Word Document for editing.

 

1. I opened my Barclays account around 1983/84. I have NO chance of being more precise than that. Will that suffice?

 

2. Under 5a) Do I enter the amount claimed including or excluding the 8% interest. The reason I ask is that it states:

"5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of XXXX and any interest charged thereon"

 

3. Can someone confirm that I delete 5b)? The "5b. Delete unless you feel lucky" at the bottom has thrown me a bit.

 

 

and FINALLY, do I cut and paste the following to the above text. If so where?

 

under the FAQ's

 

Q. Can I claim interest?

 

A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"

 

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest.

[Welshman]

Hi.

 

It's a message in a thread I read yesterday posted (I think) by Bankfodder or Bookworm. But do you think I can find it now???

 

Basically it was a small posting saying something along the lines of "those problems only occur when using MCOL". Please accept my apologies if I have misquoted.

 

If I have not received a reply to my two questions above by midday tomorrow, I will have to PM Bankfodder or another MOD to take a look. I am also filing my claim on the 8th.

 

Will get back to you with my progress.

[Welshman]

Yeah, I agree with Enough's Enough. The pressure on claimants gets more intense the closer they get to appearing in court. That's the point at which some fall.

 

It's called bottle - and mine's full.

 

If you think about it, we are better off. It's only at the court filing stage that the interest's added. In my case running at over £500.

 

I still haven't had my Small Claims Pack and I'm filing on Friday. Hope it comes soon. My Mrs is awaiting Statements from her Bank and the pack will come in useful as I think you can fill the N1 in on the pc, print it off very professionally and use it again and again.

 

Fingers crossed it gets here in time because,as I'm taking my daughter to the passport office in Newport on Friday morning, will have to prepare the papers tomorrow so I will probably file in the afternoon. I had preferred to do it in the morning so that it would get closer to the top of the pile for processing sooner.

 

You never know, if we are all filing pretty close to each other, we may find ourselves in the same situation as Maisielou and others who were all appearing at a directions hearing at the same time and at the same court next Friday. A couple of them have been offered the full amounts in the last four of five days and settled.

[Welshman]

Many thanks. I was reading far too much into it.

 

Does anyone know if, by going straight to the Court as opposed to using MCOL, that the case gains a few days?

[Welshman]

Have decided, after all to go the MCOL way thanks to Bookworms comments. It's also easier for me as I've just found out about a family bereavement which may take up some of my time running up to the weekend.

 

My question: Which Barclays address should I place in the Defendant's section on the form?

 

Is it

1 Churchill Place

London

E14 5HP

 

or am I correct in thinking that there is a specific Litigation address?