Maria v Barclays ***WON***

[LadyMaria]

Hi, thanks for such a great info website, it is great being able to stand up for our rights with help and support.

I have just recieved 6 years worth of Barclays statements, with my £10.00 returned, very quick they were too.

I am a bit confused about exactly what charges I am claiming back, but here goes, looks like I'm in for a long night.

Any tips would be welcome

Regards Maria

[LadyMaria]

Has anyone had there bank account closed by Barclays following a successful claim?

As a precaution I have opened another account, just in case, but I was wonder how common is it that you have to change banks.

 

Thanks

Maria

[argyle]

Hi Maria.

 

To date i haven't heard of any account closures with Barclays but i did read a thread somewhere after somebody had won their case Barclays sent a letter saying that anymore misuse of their account then they would close the account.

 

Argyle..

[Warms]

Hello Maria

Welcome!

You'll be alright if you have a good read through the FAQs and the step-by-step guide.

Then start a thread in the Barclays section and keep it updated.

Lucky you for getting your statements, I haven't been that fortunate with Barclaycard...yet!

Good luck to you !

[LadyMaria]

Thanks, that is encouraging

[LadyMaria]

Hi, all, I have my statements and will be sending the pre-lim letter tomorrow, will keep you all posted.

Fingers crossed

Maria

[LadyMaria]

I have recieved a response to my prelim, in less than 4 days, they say the usual stuff, ie sorry you have cause to complain etc. They state that they will have an answer by 20/09/06. However the 14 days is up 5/09/06. I intend to go ahead with the LBA letter on the 5th. After all, they don't give me the right to set my own deadlines when they want their money!!!!

All so am I right in thinking that because I have 2 accounts with them I am persuing the money they took in 2 separate claims.

Maria

[Nightstar]

what total are the claims for ?

[LadyMaria]

In in total they are less than 5,000. The reason I ask is that Barclays have only sent 1 reply letter, so I wonder if they are putting them together, or the 2nd letter is in the post.

[Nightstar]

Did you refer to the two accounts in your previous correspondence or with 2 different letters?

[LadyMaria]

I sent 2 seperate letters, 1 for each account.

[Nightstar]

Hi,

No problem, merge the two sets of charges in your prelim letter, ie refer to account A and account B totalling x amount

[LadyMaria]

I have already sent the prelim letters, can I merge them for the LBA letter?

[Nightstar]

Just to clarify,

a. are the accounts in the same name/s

b. are they with the same bank

c. have you sent 2 separate prelim letters

[LadyMaria]

Hi,

yes both accounts are in the same names.

Yes both are with Barclays

and yes I have sent 2 prelim letters, One for each account.

thanks for your help, I wonder if I should merge them for the LBA, otherwise it would mean 2 court actions.

[Nightstar]

Correct merge them for the LBA, and for court action should you have to.

Good Luck.

 

 

 

 

If you have found comments useful please click on my scales, thank you:)

[LadyMaria]

Thanks for your help

[LadyMaria]

Hi, I am suing baclays for charges levied on 2 accounts, all I have had from Barclays since commencing this process is 2 letters delaying when they will respond to my prelim and nothing to my LBA, so now I am going ahead with court action,this is what I have put in the MCOL form.

 

I am claiming unlawful charges taken from

two accounts held with Barclays Bank over

the last six years. Sort code ** ** **

ACCOUNT NUMBER: ******* and ********* total

of £4620.00 plus 8%interest 1050.95 Grand

total of £5670.93.

Question 1: is this what I should be putting in the particular of claims box on the form?

Question 2: as the 2 accounts put together are amounting to more than £5,000 should I list them as 2 separate claims to keep them under this figure?

Question 3: stupid question, but when I file the claim I post a thread on the litigation forum, how do I PM a mod, what is PM?

thanks

Maria:confused:

[ukaviator]

Hi Maria.

Here are the words i used for putting in the claim on Moneyclaim:

 

Claimant has a bank account no. (put account number) with the Defendant on the (put date),and conducted on their standard terms and conditions.Claimant is claiming the return of £. . . . .taken by Defendant in the form of Overdraft Excess,Unpaid Direct Debits,and Unpaid Cheque fees.The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.Defendant has declined justification of charges despite repeated requests.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (date to date on filing claim) of £. . . ,and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £. . . .

 

This just fits in the Moneyclaim box.

To PM a Mod is just to send a private message to them with your details.

Mods i have seen are.BARACAD,BOOKWORM,JONNI2BAD.

I recommend that you split the claims as they look like going over the £5000 total for small claims,but it has been done over £5000 before.

 

Hope this helps

Good luck

 

Ukaviator

[LadyMaria]

thanks this is really helpful, your wording for MCOL is very professional, thanks again

[ukaviator]

Hi Marie.

 

The wording is all here in the templates library. I just added my amounts and dates.You want to see proffesional follow ZOOTSCOOT threads. You will be impressed.Have fun.

 

Good luck

 

Ukaviator

[LadyMaria]

Hi, I filed my court action on the 17th Sept, (Sunday) today I recieved a letter from Barclays offering me £1,000. (I am claiming 2,840.00)

1.Do I write back telling them I accept the offer but will be continuing with court action for the rest, plus interest and court fees?

2. should I say something about dropping the court action if they pay up?

3. Who pays for the court fees if it doesn't go to court?

This is getting scarey!!!

Maria

[fallen7682]

I am at the same stage as you, started proceedings on the 12th got a letter today offering me £550 when i've started court proceedings and asking for £1650.00!! I don't think i am going to reply to the letter, but let the court sort it out as i have already paid them to do so. Have you done your claim online?? If so you should have included your court fees in that, then when you are paid off they have to include that in the sum. I think it's scary too!!! Help!!!

[LadyMaria]

Hi, yes I have put in my charges and used moneyclaim on line. Barclays had ample opportunity to reply to my pre-lim and LBA, instead they sent delaying letters, so I went ahead and started the court claim, which includes interest and court costs. After all it is what they would do if they wanted money form me.

Best of luck with your claim, I will post anything I hear on this thread.

[LadyMaria]

Hi, just to update, I am sueing for 2 barclays current account

No.1 £4000

No.2 £2000

Barclaycard £250.

Monumet £250.

I am doing these in 4 separate claims.

I have now got to the allocation questionaires which I filed with the court yesturday, this cost a further £200. Can I claim this back from Barclays, or do I loose this?

My local court has said that they will not get round to setting a date for at least 6 weeks, so the date will most likely be Jan/Feb 2007. I was hoping it would be sooner. Wish they were all like Cap1, who paid up in full as soon as I filed my MCOL.

Has anyone actually gone to court, or do Barclays always back dow?

I know I won't backdown, even if I am scared!

Maria