Crash V Barclays *** WON ***

[crashbandicoot]

After reading through everything I should have on this site (I hope), I spent most of today looking through my filing. I have most of my statements going back to as far as 1997. Some are missing but I will request those in a SAR to Barclays as of Monday. From Jan 98 to Jun 91 my bank charges and interest are over £250 and that's just one account. I'm a bit confused about the interest as I've literally noted down what I was charged in the same statement but will work the breakdown out at a later stage.

 

I've had a play around with the Complex Bank S/S but for some reason even if I put in all the figures, it doesn't work out my interest...any ideas on what I may be doing wrong? And is this s/s what I need to send initially with my prelim Letter Approach for Repayment?

 

Thanks for such a fab forum and hats off to all the contributors!

 

Crash

[Michael Browne]

You can only claim for the last 6 years ie from Aug 2000 to now. One or two people are claiming further back, but this is, as yet, untested ground.

 

For schedule of charges, use the simple spreadsheet, but delete the last two columns (8% interest bits)before printing out.

[crashbandicoot]

Thanks, will do!

[crashbandicoot]

Ok, received standard response from Peter Townsend @ Barclays, with microfiche rollox for 1999-2000. They also sent both hubby and my the letters to my property (previous) address which should have only been for my hubby's closed account (tut!)

 

As it is, 2000 is the only year I have some missing statements for in the p/work I have kept, so I will be estimating my charges for then. I still need post-2004 stuff so will await the statements arrival.

 

Thing is I am soooo tempted to try and reclaim from 1998 because those were the couple of years when I was stung the most. My claim isn't huge though, probably £300? And now that B/C are getting a huge influx of claims, I suspect they will have an argument ready for the 6 yr issue already.

 

Any thoughts anyone?

 

Crash

[crashbandicoot]

I called Barclays today to ask them when I'd opened this account and they have advised it was in Oct 93. I asked them about the possibility of getting hold of statements from then as a recent request (my SAR) got me a response from Barclays in which they say they probably won't be able to give me anything prior to 2000 (microfiche rollox). I explained that Barclays response was a bit unclear, and can I get hold of the info prior to then, and if so how?

 

The lady was extremely helpful and advised that she can order those statements for me, which she has done for an additional £5 (I've paid this now but will reclaim this too!) but she did say any info prior to 12 years will have been destroyed so she can only give me statements from Jan 1994. Good enough for me... now awaiting a ton of statements in eager anticipation. So contrary to their excuses they can get hold of older info easily, although you do have to give up an additional fiver for the agro

[crashbandicoot]

Received full statements for my account from 08 Dec 93 to date (account opened Oct 93) as promised, in the form of Microfiche copies, and entries reports. Will go through it all with a highlighter to check on all charges. Very exciting! So glad I manged to get this all with mimimal hassle.

[crashbandicoot]

Still not received hubby's statements, but have fired off prelim to Barclays via recorded dely. for my account today. £285 in charges (from 1997) and £1561.51 in compounded interest

[crashbandicoot]

Just updating: Received letter from Barclays saying 'sorry, blah blah...looking into it...blah blah...whilst we endeavour to respond to you within timescales outlined in your letter (my 14 day notice prior to LBA) we cannot guarantee that we will do so, blah blah..full report in 8 weeks.'

 

Looks like the bog standard letter with in bit in to cover themselves over lengthier responses. My LBA will go off after 14 days nonetheless.

[crashbandicoot]

Ok Barclays have played ball so far on my account, but haven't sent hubby's statements, and the 40 days are over. Non-Compliance going today for his account.

[crashbandicoot]

At some point just after the 40 days they sent OH a note to say 'pick up docs from branch' which he did, so his LBA included latest figures. Fired that off on the 23rd.

 

They offered me £100 which I ignored and filed N1 form yesterday for almost £2200;

 

Sent same offer of £100 to OH today for which a rejection is going out of the door today. They seem to be really dragging it out so am happy to sit and wait.

[crashbandicoot]

Given my small (but significant to me) first win against Barclaycard, I've called them up to ask them to settle my Bank claim. They said they can't so I've emailed them this:

 

Dear Temilope (Fatogun),

 

Further to my conversation with you earlier, I will be sending you the letter accepting your full settlement payment for my Claim Ref: xxxxxx for £134.39 without any terms attached. I will inform the court that the claim is discontinued, once I have received payment from you.

 

May I also bring to your attention my other court claim with you: Ref: xxxxxx, issued at Aylesbury County Court, for £2195.77 plus court costs and daily interest until the date of judgment or when the case is settled. I also mentioned this claim in my conversation to you as it was deemed served on 04 November 2006.

 

I would like to remind you that the court and indeed I, do not wish to have our time wasted by needless delays and insufficient offers. I will be taking this claim all the way to court, and you will have seen from the documents you received in support of my Barclaycard claim for my hearing, that I have not entered into this claim lightly either. You will be receiving a similar bundle should the case be issued with a hearing date.

 

I am well aware that you have been settling such claims before they reach a hearing, purely because, as you put it, you 'recognise the sum that is at issue between us is relatively modest and as such, is not cost effective for either party to take this matter to trial'.

 

With this in mind I would ask you to consider settling my Barclays Bank claim swiftly to avoid unncessary to-ing and fro-ing, for the sake of fulfilling protocol in your department, which will ultimately end up in you offering to settle before the hearing is through anyway.

 

I would ask you to consider this option very carefully. If you settle this claim within the next 7 days, I am willing to waive the daily accruing interest which is mounting as we speak.

 

Otherwise I will, and hope, to see you in court.

 

Yours sincerely,

 

Mrs Crash

 

cc: Aylesbury County Court

 

Let's hope it makes some waves

[crashbandicoot]

Called them today to say what's happening as I could have filed for judgment on you on the 3rd...they've filed a defence on the 2nd..haha!

 

Asked Barclays to fax me a copy, which they haven't as yet, but not to worry, I can't wait to send them a gazillion paged court bundle which will no doubt prompt them to settle around when/before a hearing date is given.

[rhonadanny]

it nice to know theres light at the end of the tunnel. i will be keeping an eye on how your doing.

[crashbandicoot]

Received AQ and pile of tosh defence (usual rubbish, denial, denial, limitations clause, contradictory info) on the 7th...held back sending the AQ until payday...fired the AQ off yesterday, so it's just more waiting now. I am just waiting for a hearing date now, then I'll call them to settle out of court, which they may well do, otherwise we'll just see.

[crashbandicoot]

Called the courts today to find out what was happening. Barclays haven't sent in their AQ, so the claim is now before a judge. I rung Barclays to find out what they're up to and spoke to Temi again. She said she's sure it's been sent, but just not reached them...and yes, they posted the AQ on the 27th. I said fine, and that I'd be in contact again, once a court date is issued.

[crashbandicoot]

Court date received for 21st Feb, for half hour hearing. I know it's early days but rung Temi back anyway...she laughed when I told her who I was/claim number as she probably knows who I am by now (!) I said I've now received the court date, have you? She said probably, but its not been updated. I simply asked 'are you in a position to settle in full yet?' She said 'you probably know the process by now, we have to verify the charges to see if they add up. If they do/don't we'll still be in touch'. So I said, 'ok we wait then'. She took my mobile number and that was it.

 

I knew that would be the case but there's nothing like an early morning shake up call

[Lizzy]

Hi Crash any update ? I too have a court date with them on the 21st Feb. I have sent my bundle in and I think they have until today to submit theirs to the courts (and us) do you know of anyone who has actually received a bundle from them ?

 

They have ignored all my letters and not returned the two phone calls I have made. Might give them another call on Monday if nothing arrives or should I just sit tight? What are you going to do ?

[crashbandicoot]

Sorry Lizzy, been a bit pants at updating this thread...sent my bundle off on Monday via TNT to hit their desks yesterday. Have been speaking to Anthony Lombardi on a number of occasions to try and settle (as he promised to speak to me but kept fobbing me off) so now I've sent them a letter reminding them that I've included approx £450 in further expenses (research/postage/docs) to my bundle, as a litigant in person.

 

Now I'm just gonna leave it, and will wait for him to call...only 14 days to go till court so can't be that long now! When he calls I won't settle for anything except the full amount, (plus expenses at a big push, depending on who presses hard enough) on the grounds of unreasonable behaviour (i.e. forcing litigation for something they have no intention of seeing through in court)

 

Tick tock.

[Lizzy]

Well I was going to ask for charges as well but I thought I would have to ask the judge at the time because as yet Barclays have not offered to settle so who knows if I will win (of course I will). Any advice about these charges, can I mention them if they call me and make an offer ?

My concern is if I go to court and they don't turn up I won't be able to ask anyone for them.

 

I had a good read of Bong's thread and she/he got costs back. Lets face it until the court bundle I would have settled on the full amount but now after all that work, time, effort, ink and paper etc I/we deserve it.

[crashbandicoot]

Lizzy it was Bong's thread and some advice from other members that inspired me to claim for the 'inconvenience' of having to do the bundle and research for the hearing, given that we don't know whether they will settle before or not. Obviously we have a big inkling, but still, we can't take any chances and have had to do all this extra work. So I submitted a 'Litigant in Persons' cost sheet behind my schedule of charges in the bundle...that's gone to Barclays, and I've sent them a letter (again, inspired by Bong, with help from Livelylad) to say I have sent these extra cost and am now looking at the full amount of xxxx to discontinue this claim.

 

That is what I intend to tell him when he calls too.

[Lizzy]

Thanks for that. Do you have a link to the letter sent please? I guess I can send it now to be linked to my bundle, it won't be too late will it? A litigant in person ???? is that (as nicely as possible) a person who has no idea what they are doing ?

 

Sorry to be thick

[crashbandicoot]

Thanks for that. Do you have a link to the letter sent please? I guess I can send it now to be linked to my bundle, it won't be too late will it? A litigant in person ???? is that (as nicely as possible) a person who has no idea what they are doing ?

 

Sorry to be thick

 

 

Sorry Lizzy, I seem to have missed this (I do that lately!) Here's bong's excellent thread:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/30300-bong-barclaycard-10.html#post490515

[crashbandicoot]

Right, a lot of excitement today...Mr Lombardi called me to discuss settlement. At first he waffled a lot about how I could only claim post 6 yrs because of the limitations act, how my interest was too high, how my litigations costs weren't applicable. I listened carefully then gave my arguments to his points. He umm'd and ah'd and mostly said 'I can't comment on that'. He also said they would make me a very good offer (I'll be the judge of that) and in the situation where it went to court and the judge ruled say £14 as a reasonable figure, I would lose the difference and any offer already on the table. I replied saying I would love for that to happen because even though it can't set a precendent in SCC it will affect a hell of a lot of claims. Again he said 'I can't comment'. I also said if they don't pay me my lit. costs, I intend to send them to the judge to ask him to consider them, given that we only have about 9 days till the hearing. He fidgeted and said well we'd like to be reasonable and can discuss that as a separate issue. He finished by saying he would go away and discuss my case some more and come back with an offer by the end of the day.

 

Before he ended the call I reminded him that I would only settle in full. I added that I know as well as he does that they have settled every case out of court, calling them a 'modest' amount, and said that I am a member of CAG so I see all that is happening with hundreds of claims (!) I also reminded him that they've recently settled a Barclaycard claim of mine in full, which I submitted with exactly the same 'protocol'. Again he couldn't comment because the person who agreed to pay my claim - Temi, has left the company.

 

He called me back later in the day apologising and saying that he needed more time to discuss the case with his 'supers' since they didn't know I'd had a similar case settled before. He has advised me he will call me on Thursday with an offer. I simply said I look forward to it

 

When he calls again I will remind him that I have yet to see a bundle from them...from what I can only deduce that they've already decided to settle out of court

[sandbag]

Hi Crash - good luck to you. i'm at the same stage as you waiting for Mr Lombardi to call - i'm in court in 6 days. Speak soon mate.

Cheers Sandbag.

[crashbandicoot]

Oooh Sand, maybe we'll have a double celebration then Good luck on yours too, let me know how it goes!