Want to start action against Barclays

[ANGELUS]

Hi everyone

 

I would like to start the ball rolling on getting my charges back from Barclays having been charged to death within the last couple of years and I would like advice on what should I do first to get this started and where to go from there if anyone could help me?

 

Thanks for your time

 

Angelus

[Spiceskull]

Hi,

 

It's all in the FAQs section: Step By Step Instructions

 

The moderators will refer you here as a first point of call, and suggest you read through some of the threads to familiarise yourself with the process flow...

 

I promise that once you have got the gist, you will only need to ask questions specific to your own case...

[barriegannon]

you need to order your bank statements from the last 6 years. it will cost £5 for these. call 08457 555555. you can order these on that number.

barrie.

[ANGELUS]

Thanks for the great advice, it has been most helpfull.

 

I have ordered 12 years of back statements at a cost of £5 from Barclays- they did ask a few questions though as to why I wanted 12 years worth of back statements which I made sure I wasnt giving the game away

 

Sounds like Barclays might be getting a little worried about the fact that people can ask for their money back eh!

[Spiceskull]

They agreed to 12 years...??? They are only obliged to provide 6, and frankly I'm surprised that they even have 12 years to offer - if I am correct they are only obliged to retain them for 6!

 

However, 12 years it is - do you have that in writing? If so, it would be very interesting to see their reaction when they realise they have promised something they can't deliver (assuming they can't deliver...)

 

If they come back to you with six, insist that that they promised you 12, that you paid for 12 and that you expect 12. Whilst there is probably no mileage in demanding 12, it should be satisfying to make them squirm their way out of a promise...besides, you are only able to claim 6 years of refunds (as I currently understand it)

 

Please please post their excuses, I would love to hear them...

[BankFodder]

They are only obliged to provide 6, and frankly I'm surprised that they even have 12 years to offer - if I am correct they are only obliged to retain them for 6!

Sorry but this is not correct. If you nake a DPA request for full disclosure, they must disclose all data which they have on you and which forms part of a relevant filing system.

 

As far as how long they have to keep your records for. I am not aware that there are any legal requirements at all.

[Spiceskull]

Sorry but this is not correct. If you nake a DPA request for full disclosure, they must disclose all data which they have on you and which forms part of a relevant filing system.

 

Thanks - I stand fully corrected and am now better informed. The oft-quoted six year limit is just a red herring then?

[BankFodder]

No, it's not a red herring but the six year limit refers only the maximum limit in contract liability.

Although you have a high post count, I am going to suggest that you should read the FAQs and the forum material.

[Spiceskull]

Shall brush up on the FAQs as suggested - clearly now in the realms of more detailed specifics, and more understanding required.

[ANGELUS]

Well- I sent the first letter from the library on the forum to Barclays on the 29th March and got the usual reply of we are looking into it - so I gave them 14 days.. still no word.

 

I sent the LBA letter on the 12th April- and have got a response back from Karl Voller asking me to be patient while they look into it.. and their reply should come back before 26th MAY!!!

 

No thanks Karl- another claim coming Barclays way for over £3k

[ANGELUS]

The official figure I'm claiming for now is £3780.38 + court fees on top of that.

 

I had a bright idea this morning though- would it be possible do you think to broker a deal with Barclays.. ie: They pay me £3400/3500 into my account now and I drop the whole case?

 

What do you think guys, should I ask to see what they say?

 

Also- when I win the case, I would like to make a donation to this site if I could as I think the message that people shouldnt accept their bank charges should be made more public and if my cash can help- so be it!

[ANGELUS]

I have now started a claim for over £4k against barclays today.

Lets see what happens!!

[Tinkerbelle]

Well done and good luck!

[ANGELUS]

Thanks for the kind words!

 

I cant wait to see what happens next to be honest.

 

I also want to know why Barclays are trying to gag people from coming on here to tell us all that they have been successful in getting barclays to pay up.

[ANGELUS]

Hey everyone

 

I think I made a big balls up with my claim- so if anyone can help with what to do next I'd love the advice.. Barclays have given me their defence today.

Here it is:

 

1. The Particulars of claim do not provide details or particulars of the acount in question and/or the precise charges alleged to have been unlawful or the date thereof. Notwithstanding the claimant failed to correctly identify and particularise an account held with the defendant, it is admitted that the claimant has an account xxxxxxxx sort code xxxxxxx, however to the extent it is alleged that the claimant incurred bank chares on his account for unauthorised borrowings (whether unpaid fees for returned cheques), paid referral fees or any other fees, the defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its own standard terms and conditions. The claimant accepted the same when the account was opened including in particula but without limitation the following terms and conditions which are summarised:

a. The defendants right to charge a paid referral fee where the defendant pays an amount either by compulsion or election which causes the account to become overdrawn- £30 per item (previously £25)

b the defendant's right to charge an admin fee if any cheque, standing order or direct debiy cannot be paid due to insufficient cleared funds in the account- £35 per item previously £30

c. The defendants entitlement if the claimant becomes overdrawn without an overdraft limit to charge interest at the unauthorised borrowing rate on the excess balance

3. The defendants standard terms and conditions give the claimant a fair transparent view of those terms and charges applicable for unauthorised borrowings including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit.

4. If and to the extent it is the claimants case that the failure to make necessary payments and/or failure to remain authorised overdraft limits constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his account and were consideration for the defendant advancing credit to the claimant which the defendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.

 

5. Accordingly, it is denied that the lega principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above, further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair terms in consumer contracts regulations 1999 particularly but without limitaton to paragraph 1e of chedule provision or are unreasonable within the meaning of s.15 of the supply and goods services act 1982 or indeed any other provision.

6. Therefore it is denied that the charges were unlawfully debited from the account.

7. If and to the extent the claimant incurred charges on his account, this was caused by the claimant having gone into overdraft without having agreed with the defendant to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

8. It is averred that the said charges and interest are the same and remain lawful and enforcable and that the defendant was entitled to debit the same.

9. The defendant denies that it is liable to the claimant for the sums claimed, and interest as pleased by the claimant or at all. in the alternative which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges alleged by the claimant to have been applied to the account between 31 may 1994 and 30 may 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act of 1980.

 

Phew!!! That was a bit long winded.

 

So basically, I've cocked up by going for 12 years of charges instead of 6.

 

Can anyone see anywhere else I've gone wrong with this please for me as it is a bit of a worry now.

 

The case against the overdraft I think they will find is flawed- as numerous times I have called the bank and asked for an extension of the overdraft, the limit has never been extended for me - even though they know I get a monthly pay bacs credited onto my account on the 26th of each month.

 

Whats the next step please anyone?

Would I have to look back through my charges sheet and go for only 6 years charges instead- I also have proof of all the charges levied against me so I can send that to the bank if needed, although I think they should know already when they have charged me

 

Thanks for the help everyone.

[ANGELUS]

Can anyone please help me with this

Cheers!

[BankFodder]

Why did you claim 12 years?

[BankFodder]

And haven't you sent them a schedule of charges at all?

[ANGELUS]

I know- I cocked up... I havent sent them a list of charges as of yet as well.

 

Can I send them a copy of them now and say to them- here is what you owe me back basically, and this has come from your statements

 

So what do I do next?

[ANGELUS]

I'm starting to get quite annoyed by the fact that I need help and my constant pleas for help from this site are falling on deaf ears.

 

I dont want to be the first one that barclays takes to court and wins and I certainly dont want to have to say to people that this site didnt help me with my claim as it is certainly not helping at all at the moment.

 

So.. once again, I need help with this.

Apparently I cant claim for 12 years- only six which was not detailed in the step by step.. so my claim is wrong.

 

So what to do next.

 

I've gone back to money claim, they say its a case of calling sheffield court- they cant do anything, so I've called sheffield county court- they say get legal advice.

 

Its getting ridiculous to be honest.

I've got until the 19th July to get this questionnaire back in- no nobody can be arsed to help me it seems.

 

I feel very let down!

[ANGELUS]

Since my first cry for help has gone un-noticed or ignored so I'll try this way.

 

My claim amount is wrong it seems as I have tried claiming for 12 years instead of 6 which barlcays have picked up on in there defence.

 

Whats the next step- do I have to cancel the claim and re-start again?

Can it be changed and re-submitted?

 

Help???

 

Moderated ;threads merged

[hek]

I'm sorry you feel let down, I have read all of your posts but unfortunately I am faily new to this and I can not offer you any advice, I just wanted you to know someone is listening, don't give up!!

hek:)

[paulwlton]

you don't say what stage you made the cock up at, was it on moneyclaim or you're lba letter.

[Janet-M]

Since my first cry for help has gone un-noticed or ignored so I'll try this way.

 

My claim amount is wrong it seems as I have tried claiming for 12 years instead of 6 which barlcays have picked up on in there defence.

 

Whats the next step- do I have to cancel the claim and re-start again?

Can it be changed and re-submitted?

 

Help???

 

Moderated ;threads merged

 

I'm starting to get quite annoyed by the fact that I need help and my constant pleas for help from this site are falling on deaf ears.

Firstly can I just give you some facts ...

• All people on the site and in the forum are volunteers.
  
• All these people give help, advice and support free of charge, and in their own time.
  
• No-one at all is paid for their time, and there is no obligation to offer any help at all.
  
• We all have jobs, families, responsibilities and lives of our own.
  
• We help people because we want to and because we can.
  
• There are over 40,000 users on the site.
  
• There are approximately 40 moderators and helpers on the site.
  
• The ratio is one mod/helper to 1,000 users.
  
• The forum is not structured for one-to-one help.
  
• Users are expected to do most of the groundwork where they are able to.

Now that I have explained why you was not answered immediatly I will answer your query

 

You have two options available:

 

1) You can amend the claim - this will cost £35 and is not claimable.

2) You can continue with your claim and state that the Statute of Limitations do not apply on this occassion.

 

The latter is currently being tested and is not proven. I would not recommend it unless you are confident you will be able to argue this. If you decide to do this we can give you further advice and support, otherwise simply amend the claim but you have then lost £35.

[Tink]

whilst I understand your frustrations, you have to understand that all advice and morale boosting on this board does not replace research and,where appropriate, official legal counsel....

 

as mentioned above all is not lost, but please do not shoot everyone down in flames when there is a setback ....

 

i wish you well and hope you are successful in your claim.

 

T