i am asking for it back...

[nutgatherer]

hello all

 

have received statements from barclays - all six years complete and fairly hassle free (a little late...and they sent my cheque back: aren't they nice?!)

 

have used the excellent spreadsheet template to calculate the penalties and the interest charged on the penalties and am looking to send it off with a letter asking for it back...one problem: the spreadsheet hasn't come up with a figure for the interest on the penalties (not the calculation of the 8% interest - i am waiting to see if they force me to do 'em through the courts before i add that to my demand)

 

has anyone else had the same problem? can anyone help or does anyone know the maths to calculate the interest?

 

cheers and keep on buggin them

[nutgatherer]

oops! just sorted out interest calculations...you have to put minus or plus sign BEFORE actual figure...durrr!!

 

got there in the end

 

huzzah for vampiresss!!

 

PS.made a few mistakes (ie. missing penalties etc.) and not sure if adding rows at a later date messes up the figures - everything went a bit weird and there are numbers missing in the furthest right column (interest on penalties)

 

pray tell

 

gotta get some sleep...night all

[nutgatherer]

all sorted!

 

sending it off with letter asking for it all back

 

wish me luck and thanks again folks

[brussels1]

You only ask for the interest on the charges when you apply to the courts.- as soon as you have applied to the courts , you add the interest.

 

 

Before this time, only ask for your charges to be returned -

[nutgatherer]

that's the 8% interest right?

 

i am talking about the interest on penalties: the right hand column on the first page of the spreadsheet template;

 

i realise that the 8% interest charges only apply once i go to the courts, but am i right in thinking that the interest charged on my penalty charges (with regards to being overdrawn) are reclaimable along with the penalty charges?

 

In other words, these are the interest charges that appear on my statements

 

i haven't sent it off yet so if you have an idea give us a shout...

[nutgatherer]

hello all

 

have been away for a few weeks but have some updates for ya...letter sent on 16 aug along with spreadsheet to barclays asking for unfair charges back

 

they replied on 21 aug with a personalised (!) letter that alludes to " resolving my complaint" and that they are going to contact me again by the 15th september, and that in the meantime i should read the enclosed leaflet entitled 'don't hold back your feedback - what to do if you want to complain'

 

SO...i've decided NOT to hold back my feedback and i'm sending them a letter before action, repeating the particulars of my claim and re-sending the spreadsheet, giving them 14 days before i begin proceedings (if needs be)

 

except this time i have a name to send it to...

 

wish me luck

[The Druid]

STICK TO YOUR DEADLINES. Any hesitation on your part will be seen as lack of resolve. Go For The Jugular !!!!

[nutgatherer]

jusy received reply to second letter before action which basically points me in the direction of the terms and conditions that the bank laid out in the first place, and which i agreed to by signing for the account...which leads them on to say that they are not willing to refund the charges that i incurred

 

they suggest i contact the Financial Ombudsman Service if i am dissatisfied with their decision...

 

so, is this it? do i take them to court? i always had faith in the guidelines laid out on this site - amongst others - but the above point that the bank has made has always been a bit of a niggle...i mean, at the time, i did sign a contract with them, essentially agreeing to their terms (including their regime of charges) so, if i am right in thinking, it is because the OFT declared these charges as disproportionate that i have some sort of strength to my claim right?

 

i think i always thought that this whole debacle would be settled before court, but now i realise that i have to make a decision...and i say that i AM willing to take it through the courts as i have come this far, but whoa! the whole saga suddenly feels very REAL

 

gulp! well, my court claim date is for the 20th sept so here goes

 

cheers guys

 

THANKS SO MUCH FOR THE INFO - IT'S BEEN SO HELPFUL AND REASSURING

 

HERE'S TO 5% COMING YOUR WAY ONCE THE BATTLE IS WON!!!

[victimnomore]

It sounds like a good argument doesn't it? But just having these charges covered by their terms and conditions to which all customers have to agree, does not make them legal or enforceable at law. That's the whole point of our case against the banks.

 

From the suggested court claim wording;

"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 s.4 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 s.15."

 

So there; "unenforceable", "invalid", "unfair" and "unreasonable". And that's the way the court will see it.

[nutgatherer]

am with you novictim...have read and re-read the letter - which sounds thinner every time - and looked into a few things and i am ready to stake the bat through the heart...!

 

cheers for the note and keep us updated with YOUR staking!!

[nutgatherer]

so have just completed my form for moneyclaim online and sent it all orf with court fee etc.

 

just got to wait for response...

 

may the profiteroles win

 

best of luck to you all...

 

one thing: have added figure of 8% interest on charges etc. but in particulars of claim it asks for daily rate from issue to date to judgement. Now, after reading notes on this site and through moneyclaim i simply divided 8 by 365 to obtain a daily rate, is this correct? or is it the total interest figure multiplied by 8 and then divided by 365? wasn't so sure...can anyone help?

 

cheers folks

[victimnomore]

The 8% works (as I understand it) like this:

 

Once your complaint gets to the court claim stage, you add interest to each charge imposed on your account at the rate of 8% per annum. This is worked out as; the amount of the charge, multiplied by the number of days between the charge being applied and your claim date, multiplied by 0.00022 (the daily equivalent of 8% per annum). There is a spread sheet in the site library that works this out for you.

 

Add all that up, and it gives you the total amount of interest as at the date you put your claim into the court system.

 

Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the "daily rate", the amount by which your grand total settlement figure increases each day from the claim date onwards.

 

Hope that helps.

[nutgatherer]

"Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the 'daily rate', the amount by which your grand total settlement figure increases each day from the claim date onwards"

 

cheers victim - that was the bit that i couldn't quite get me head round but what you have written clears it up!!

 

thanks for the help

[nutgatherer]

court have sent me form that states that barclays are acknowledging my service and have 28 days to file a defence...

 

am well up for a scrap and am quite interested in hearing what they have to say about all this...

 

we will see just WHO is on the righteous path - all these years of pandering to their demands and falling for their dupes - this one ain't gonna roll over any more

 

WOO HOO!!

 

lets go!!!

 

cheers guys

[The Druid]

I'M at exactly the same stage as you old thing. Barclays have acknowledged right at the last minute. So, they want to play brinkmanship, I'm their man !!!! LOL. Will give it a couple of weeks and wait for the phonecall from Barclays ! Any conversation I have with them, I will post transcript on my thread "The Druid V Barclays". All those of a weak disposition should not read the transcripts, you'll seriously injure yourselves when your sides split with laughter !!!

All the best NG

[nutgatherer]

Any conversation I have with them, I will post transcript on my thread "The Druid V Barclays".

 

don't forget to record your phonecalls with 'em - will possibly come in handy if you end up in court...?!

 

going to keep an eye on your thread old boy..

 

all the best

 

nutter

[nutgatherer]

their 28 days are up on the 17th oct by which time i will have devoured the small claims self help kit that is advertised to my left and hopefully be ready to throw their "defence" back in their faces, or trot down to my new (but not better) bank to cash a fat cheque, or contact the courts with regards to entering some sort of judgement against 'em...and sending the bailiffs in!!

 

my man at barclays is called adrain ruffhead (position: a menancing-sounding Legal Executive)

 

so, hoping the next contact from them will be a positive one...as time goes by and i learn more and more about this situation (through my own understanding and via this brilliant site) the confidence grows inside me, increasing the desire to obtain justice back from the banks grubby paws; i truly see through all their very thinly veiled lies...

 

so, good luck to you all, keep me posted with your progress and we may see them in court soon!!!

[nutgatherer]

hi all

 

called court today and barclays filed their defence at the very last minute - ohhh! they're such action heroes - real edge-of-your-seat stuff...!

 

looks like the standard response as it's practically the same as everyone elses defence that i have seen around and about this marvellous site; my man is adrian ruffhead (legal executive) - anyone else had any dealings with him? I'd be interested to know...

 

So, onto the allocation questionnaire - and another 100 pennies, well worth it but testing my (newly reformed, honest) financial managings and then wait for the court date

 

thanks all, best of luck to those that are in similar situations - particularly the druid and victimnomore, and thanks again for all the help and advice provided by this site - expect some redbacks when i get 'em...

 

any advice other than what is in the templates library on defence homework appreciated...

 

LOL

 

nutter

[bearo]

Fraid I cant offer any more adsvise than what is on "offer" in the templates section http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html this is a fantastic thread made up by someone who knows what they are talking about! I would use it if I was you!

[nutgatherer]

hey diddly

 

received my notice of allocation to a small claims hearing today, to take place at my local court (brighton) at 11am on 28 february 2007

 

so, my slovenly adversary - this is it! i am ready and more than willing - let me at ya!!

 

£2626.21 is total figure to date, with the daily interest piling up

 

am collataing and pouring over my defence points and am feelling good and strong (have been eating plenty of spinach and herring)

 

the more i look around this site the more and more i feel clear and confident - i wish i had asked for standard disclosure in my allocation mind, but it has all fallen into place

 

so to all you moderators and well seasoned battlers THANKS A MILLION

(WELL, A FEW THOUSAND AT LEAST)

and to all you newbies

 

BELIEVE IN YOUR CAUSE - THE MONEY IS YOURS AFTER ALL

 

to go through an experience like this and to come out on top is an incredibly valuable lesson in this corporate climate that relies on you - the customer (or service user or whatever - number!?) but brazenly dupes you at every turn

 

GO GET EM!!

 

cheers folks - thanks for the supprt and resources