Penny versus Barclays

[Penny.forum]

Story so far...

 

15th June 2006

Request for statements (Data Protection letter) sent to Sharon Caffery at Radbrooke Hall.

 

18th June 2006

Reply from Peter Townsend, Radbrooke hall (quick response ay?!). "copy of statements will be supplied shortly... on a complimentary basis... your payment returned..."

 

31st July 2006

Statements arrive, complete set, full 6 years, parcel in good condition. I was on my way to my Mum's with the kids for a few days so I took them and my highlighter pen with me - and promptly returned home without them 4 days later!!! Bit of a delay then whilst Mum sticks them back in the post to me.

 

17th August 2006

Request of repayment of charges letter sent to Barclays Bank Plc, Church Place London. Including schedule of claim for charges, not including 8% interest (I do that further down the line don't I?). Total comes to.... wait for it.... ta da!!! £1940!!! That would allow us to pay off the overdraft, make a donation to CAG and still have enough for fish and chips on the way home!

 

Now then, I popped into the CAG chat room earlier today and found someone called Julia something in a panic about HSBC telling her that they have 'no right to refund charges because of recent changes in OFT policy'. No-one in the chat room seemed to pick-up on what she said (they were talking about other things) and then she disappeared (gave-up). What's that all about then? I've looked for posts by Julia somethings in the HSBC bank group, but no joy - where are you Julia and what was you banging-on about Gell?!!

 

Ho hum. :-|

[barracad]

HSBC telling her that they have 'no right to refund charges because of recent changes in OFT policy'. ... What's that all about then?

 

It's about HSBC digging their heels in and trying to fob people off. Nothing to worry about at all.

[Penny.forum]

That's good then thank you - hope Julia is informed too!

 

22nd August 2006

Received the following letter from Mike Brophy, Head of Customer Relation (p.p. by Illegible Scribble!):-

 

"...I am committed to resolving your complaint as quickly as possible and I will investigate the matter thoroughly with due regard to your comments.

 

I expect to contact you again by 15th September.

 

Please find enclosed copy of our complaints leaflet... Thank you for your patience. Should you wish to discuss this matter further, please do not hessitate to contact us on 0207 116 4561."

 

Apparently without 'due regard' for my comment re: 14 days though! Do people ignore this or should I write and remind him of the deadline (Friday 1st September). I'd have stated this actual deadline date in my Payment Request letter if I'd known he had troubles with his adding-up!

[Thailand]

Hi Penny, I got exactly the same letter! I replied like so LBA1

[Penny.forum]

Ok, cheers for the link. How about this then?

Barclays Bank Plc

Head Office Customer Relations

1 Church Place

London E14 5HP

Dear Sir/Madam

 

Account *****

 

Thank you for your response dated 21st August 2006, informing me that my “complaint” (I’m actually submitting a claim, not merely a complaint) has been passed to your department. I was reassured to read that you are committed to ‘resolving’ this matter ‘as quickly as possible’ and pleased that you will ‘investigate the matter thoroughly with due regard’ to my ‘comments’. I reply with these goals in mind.

It can only be helpful to your achieving these aims (due regard to my comments and speed of resolution) for me to draw your attention to my preliminary request letter, in which I gave the bank 14 days to respond. Royal Mail ‘Track and Trace’ service informs me that you received my letter on the 18th of August, September 1st falls 14 days after this.

Once this 1st Sept ’06 deadline has passed, you would have just 14 days before your 28 days notice of legal action has passed – your proposed 15th September contact date is ‘cutting it a bit fine’.

Unless this matter has been settled in full by or on your proposed 15th September, on 16th September I shall commence proceedings for the full amount plus all costs and interest under ss.7 and 13 of the Data Protection Act. I cannot deviate from my timetable (which fully complies with UK law) for a full recovery of monies owed; the £1,940 hole that your bank's charges has eroded into my household finances over the passed 6 years has been the cause of increasing, genuine personal distress and hardship within my family of which I can tolerate no longer than I am legally obliged to.

 

Yours Sincerely.

 

[Thailand]

the £1,940 hole that your bank's charges has eroded into my household finances over the passed 6 years has been the cause of increasing, genuine personal distress and hardship within my family of which I can tolerate no longer than I am legally obliged to.

 

Penny I could imagine the steam coming out of your ears writing that one!!

 

Would be interesting to see how they would react to that, and remind me to never mess with you!! I can't help but think though that they might get thier backs up out of spite with the above quote?? albeit very true.

[Penny.forum]

11th September 2006

 

".... on this occassion, and without any admissions of liability, I am willing to offer the sum of £950..."

 

A month later and I've done nothing. Well, not strictly true, I've suddenly done a lot of knitting - I think I'm procrastinating. It's all very serious now.

 

I don't want to accept their offer (it's less than half what they've taken). Now I write and say "Yes please, I'll take your £950 and start a Small Claims Action for the remainder" do I? Or can I just log-on to the Money Claim website and get on with it?

[Thailand]

Both! they've had thier time.

[Penny.forum]

This do?

"Thank you for your letter detailing your response to my request for repayment of charges. I accept the sum of £950 as part payment and partial settlement of my request for repayment.

I refer to my letter of 6th September 2006. Your 28 days notice of legal action has passed and I shall now begin a claim against you for the remainder of the amount due to me, plus interest and all costs."

Yours sincerely

 

It's basically his letter to me, slightly re-worded!

By the way, Gary (the gentleman responsible for all this dept, upon who's behalf I am acting!) has had troubles opening a parachute account. Unsurprisingly his credit-rating sucks and no-one will have him. Can anyone recommend a current account provider who'll take anyone?! I thought of the Post Office?

And does Barclays always close the accounts following settlement - has anyone retained their bank account?

[Thailand]

The bank account shouldn't be a problem i.e it is unlikely IMO they will close it.

 

With reference to opening the PA I recommend going into the branch and not phoning or applying online - they have far more leverage to open accounts at branch level (as quoted to me by bank staff) and that resolved my hardship opening a new account. After applying for the lot online and on the phone with no joy - I visited the HSBC with ID and it was opened in no time.

 

The letter looks fine to me...

[Penny.forum]

4th January 2007

 

OMG. They've only gone and filed a defence! I have to complete a questionnaire and give the County Court £100 (I've already paid £100ish when I did my Money Claim Online). OMG!

[Penny.forum]

4th January 2007

 

OMG (Cont..)!!!

 

Their first defence is "The particulars of the Claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof...."

 

I did a Money Claim Online, there was a word limit! I've sent the bank all these details twice already, but not the court - have I really messed this up now?

[dickeggsy]

sounds good to me.you have only sent them a schedule of the charges,what they are asking for is proof of those charges i.e. copies of the statements they sent to you,which you should send in your court bundle.

they are just hoping to scare you off.

don't worry about it the longer it goes on the better it is for you.

[scalvey]

Hi

 

I don't think you have messed up!

The Particulars of the claim does not ask for fine details. As long you filled the blanks in correctly you should be fine.

Like you said you've supplied Barclays twice with a copy of statements with charges. If Barclays have lost you paper work this can only look bad on them and improve your case. Did you send your Prilim and LBA recorded?

[Penny.forum]

Thanks. Oh yes, Prilim and LBA were sent recorded. But as for filling the 'blanks in correctly' - not sure I did. The particulars of the claim didn't even include the account number! I tend not to give out my bank details! Anyway, the name and address should certainly be enough for the bank the identify the claimant and locate all previous correspondence? Surely they have a computor or data base or ring binder or 'in tray' or something!!!?

 

Anyway - section G of the allocation form. I just put that 'I believe the hearing should take nolonger than a hour' and nothing else - is that right?

 

So anxious now!

[scalvey]

 

Anyway - section G of the allocation form. I just put that 'I believe the hearing should take nolonger than a hour' and nothing else - is that right?

 

So anxious now!

 

Hi Penny

 

I have only just filed my claim through MCOL so I'm still 1 step behind you.

I'll be keeping an eye on your threads so keep us updated and watch out for my progress. I'm sure we'll be able to help each other.

 

I'm quite nervous about putting together a court bundle and presenting it in court (if it comes to it). At the moment and I'm doing more reading than ever on this site and I've just sent of for the two handy guide books recommended on this site.

 

Hopefully it will all start becoming second nature and I'll be looking forward to a court date with confidence of success!

 

Best of luck

Steve

[Thailand]

Allocation guide HERE I will provide link to the N149/150 Allocation form if you need to start again.

 

Send the court your schedule of charges immediately, then the court knows what you are claiming and that the account number information is present.

 

Don't worry:)

[Penny.forum]

Thanks. I had read the guide, it's just that "I expect this will take no more than an hour" seems a bit of an impertinent thing to say to a judge?!

 

Can I put the schedule of charges in with the Allocation Questionnaire?

[Thailand]

Yes, and it won't take an hour either because it would be a miracle if it made it to court. Its not impertinent IMO its just a standard, and the judge likely knows it.....

[Penny.forum]

Ok, thanks. I've just prepared the following letter to Mr Ruffhead (I assume you are familiar with the Gent!)

 

 

Dear Mr Ruffhead

Re: Northampton County Court Claim No XXXXXXX

 

 

I refer to paragraph 1. of your defence entered on 21st December 2006.

 

Please find attached an itemised schedule of the charges. Please note that this schedule has been provided to Barclays Bank Plc on two occasions prior to my claim being filed with the court. I also include a spreadsheet calculation of the County Court interest on those amounts in support of my claim.

 

Yours Sincerely

 

 

And I include my original schedule of charges (the one without interest) and a copy with 8% interest added.

 

 

To the Court Manager I write

 

 

Dear Sir/Madam

 

Re: Claim No XXXXXX

Please find enclosed my completed Allocation Questionnaire and cheque to the value of £100.

 

With reference to paragraph 1. of the defence filed by the defendant, I wish to assure you that the defendant is fully familiar with the details of my claim as I have supplied the enclosed schedule of charges to them on two occasions in my initial correspondence with Barclays Bank Plc and I am proceeding to supply further copy now.

 

Yours Faithfully

 

 

Reckon that'll do it? This defence bit has really freaked me out. Bong tells me that 'clarkey had his claim struck out..' for lack of particulars! Great!

[Thailand]

That looks fab to me Mrs Money Penny!

[Penny.forum]

Gosh, thanks awfully James!

[Penny.forum]

12th March 2007

 

I have finally been given a court date! April 13th at 1.45pm

 

"The claimant shall by 22nd March 2007 file and serve:-

a) a schedule setting out each charge repayment of which is sought, showing the date, amount and the alleged reason (if any) for that charge being made;

b) copies of any statement or document relied upon as showing that each and every charge has been made;

c) a statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise."

 

Now then.

 

1. I can send the court a schedule of charges - can this be an updated schedule (as a fair amount of time has passed now, I'm owed a few more weeks interest aren't I)? I will send a copy of this to team Barclays.

 

2. I can send-in the bank statements originally sent to me by Barclays (complete with yellow highlighter pen lines through the charges). I would prefer to just hand the court the originals than get photocopies. I don't need to send these to Barclays do I?

 

3. The c) Statement of evidence part - that's all covered in the 'Court Bundle' from this site isn't it?

 

4) Ain't it 'xciting!

[scalvey]

Hi Penny

 

Looks like we're both at the same stage. I received my hearing date 23 May, I have to send paper work by 23 March.

 

1.) Schedule of charges can be recalculated once (on the day) the bank agree to settle.

2.) I would keep the original statements and send the Bank and Court copies. You will bring the originals to court anyway (if it gets that far)

3.) Yes but you may not need all of it. Also you might want to add extra to help your case, see my thread

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/51225-calvsta-barclays-2.html#post635333

 

4.) Yes it is! We should hopefully be receiving a call from the bank soon.

 

All the best for now

[Trucker]

12th March 2007

 

 

2. I can send-in the bank statements originally sent to me by Barclays (complete with yellow highlighter pen lines through the charges). I would prefer to just hand the court the originals than get photocopies. I don't need to send these to Barclays do I?

 

3. The c) Statement of evidence part - that's all covered in the 'Court Bundle' from this site isn't it?

 

Penny.

 

You need to prepare your court bundle in triplicate. 1 for the court 1 for Barclays and 1 for yourself. You can not use any evidence that you have not submitted in advance of hearing. Barclay (or solicitors acting on their behalf) MUST recieve this bundle. That includes copies of statements