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acestealer v's barclays **WON**


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Hey Guys

 

I'm new here and need some re-assurance:

 

1. Received statements from Barclays and totalled up over £2000 from my two account for various unfair charges.

 

2. Sent first letter with breakdown spreadsheet attached asking for money back with interest within 7 days

 

3. Received letter saying they HOPE(!) to get back to me on the 30th August.

 

4. I sent letter by recorded delivery today saying i had given them 7 days which is reasonable so will be raising a court action in 10 working days if they do not respond within that time frame.

 

AM I BEING REASONABLE?? IF IT GOT TO COURT COULD THEY ARGUE THAT I DIDN'T GIVE THEM ENOUGH TIME TO LOOK AT MY COMPLAINT.

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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The reasonable timescale is considered as 28 days.............hence prelim then Lba then Court after that.

 

If you have any doubts do some calculating.

 

People who follow procedures set out on the site.......are in the main,the ones who have the least problems later........and thats because they understand the process !

 

:)

  • Confused 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Arrrgggh

 

Used template off other website and then found this (much more helpful one) after!

 

Do you think it would be ok to give them another 7 days (and state this by letter) after my previous deadline?

 

Thanks so much - i'm finding this all really confusing....

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Sorry, didn't make myself clear - shall i give them another week AFTER my 10 working day deadline i've already set them? (In total that will make it (5+10+5 working days)

 

Thanks so much

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Thanks Villaburd for the re-assurance - just worried they're going to catch me out on a technicality

 

BTW also from Birmingham but now living in very humid London!!

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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  • 3 weeks later...

Hello All,

 

Thanks again for all the excellent advice i have found on this website.

 

I'm at the stage where Barclays have offered me £1000 as a part payment. I've said yes, but still want the remaining £1080 back from them....so expecting the standard "you can only have the £1000 as a full and final settlement".

 

Pre-empting this i have completed my claim on MCOL and will submit it next week when i here off barclays saying no!

 

Can someone tell me how i actually send my claim breakdown spreadsheet to court and barclays? Will i receive something in the post from the courts that i return with the spreadsheet?

 

Thanks alot guys. Almost one down, 11 to go!!!! Fingers Crossed!!!

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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If things go the usual way then after you file on MCOL you wait for Barclays to acknowledge the claim. They normally do this within a few days. By acknoledging they the get an extra 14 days to submit their defence. So at the end of 28 days (they leave it to the last minute) they file their defence. The court will the post you the defence and includes an Allocation Questionnaire which you have 14 days to fill in and return (needs £100 fee if claim is over £1500). When you return your AQ you can the send the list of charges with it. I sent copies of my AQ also to Barclays

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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  • 3 weeks later...

Hi All

 

Barclays have offered me £1000 (total claim is £2350). I sent them a letter saying i'd accept it as a part payment but want the full lot back, and they've come back saying it can only be a full and final settlement.

 

So looks like i've got to the point where i have to take them to court. I'm getting really nervous now after reading other people's posts.....

 

Maybe i should just take the £1000???!

 

I'm worried the banks are going to find a loop hole really really soon.

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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At the end of the day its up to you its your money i personally wouldnt take it if i were you .hold out issue your court papers on them youll get all your money back eventually they dont want to go in to court these are all stalling tactic .read all the other threads of members who have been succesfull then youll understand better but hey at the end of the day as i already said its up to you !

if my advice has been of any help to you then please click the scales ! Thank you :D

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i think you're absolutely right and i will. i mean of couse i'd much rather have the whole thing back

 

but i am worried that this is all too good to be true and they WILL find a loop hole soon

 

thanks xxxx

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Barclays Bank PLC made a profit last year of 3.673 billion pounds. You can bet your bottom dollar that they have instructed the finest legal brains available to find this "loophole".

 

In short - there isn't one!! If there was, don't you think they would have found it by now?

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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My husband is also worried about a 'loophole'. I think so many of us have just put up with these charges for years and now we've found out the banks were acting illegally it just seems so unbelievable that we are going to get our money back, we should be getting about £6000 from three barclays accounts:-o

Hek

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Well you all seem clued up. I have been looking at alot of information over the last few months on this and to be honest they are screwed. There are lots of statements saying they cannot impose a charge which doesn't match their admin fees. You will all be fine, i felt the same with the loophole worry as did others but when the cheque arrives you will be happy.

 

There is at the moment talk of another test case but from reading this it will be in our favor by the looks of it and reading the legal side of things. The OFT is behind us on this by the looks of it and are challenging bank charges like they have with Credit Cards.

 

Good Luck to all of you, remember if you win you can donate to keep this site maintained.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Good morning to all,

 

Interested Orfoster to the quote [There are lots of statements saying they cannot impose a charge which doesn't match their admin fees.]

 

I like the sound of that statement and would like to find it in a OFT report or other document so I can print it out JUST in case my claim goes all the way.

 

Please can you point me in the right direction, many thanks and good luck to us all.

 

Sean28

Sean28

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Right i've done it, i raised my court action last night for £2469.

 

All my fingers and toes crossed that it goes to plan....

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Well done ace

 

My claim was for £2400 (about the same as yours) but has since risen to £3084 after fees + interest and I have my hearing on november 15. I am not the sharpest tool in the box and I am not worried at all!

 

Good luck!

 

Dont worry its gonna be ok!

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Thanks grimsolo!!

 

I will follow your case with interest

 

good luck with everything...xxx

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Just realised i've made the most ridiculous mistake on MCOL - i am so annoyed with myself.

 

Barclays charged me another fee this month of £30 which i decided to add on to my claim (which i'd already prepared on line last month).

 

I added it on to the total claimed section but didn't change the 'Particulars of claim' to show the extra £30 in the costs plus interest statement - what an idiot!

 

Is there anything i can do???

 

Please can anyone help!!!!

 

Thanks

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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When did you submit it to Moneyclaim? If it was after 9am this morning, it won't be filed until 9am next Monday. Have a look at the Guidelines on the MCOL site. I am almost sure that I've read there that things can possibly be amended before it's filed (10am cut off I think). Please forgive me if I'm barking up the wrong tree.

 

I will take a look in a minute too but, as I'm going out, I may not have the time.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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