Victim no more v. B B Barclays

[victimnomore]

Here we go - I'm on the path now!

 

Amazingly (and it would amaze anyone who saw my "filing system"), I was able to locate all my statements covering the last six years.

 

Totalling up all the "Unauthorised Overdraft", "Paid Referral" and "Charge for item returned unpaid" fees came up with a staggering 4figure amount. Considering that during all this time I've been on Income Support you can probably imagine the damage and stress caused by this leaching of MY money.

 

It is, of course, perfectly legitimate for banks to charge for their services; but what is totally despicable is that all their charges should be rolled up and dumped on those who can least afford to pay.

 

Anyway, back to the plot .. ..

 

I've sent in my initial letter, recorded delivery to Barclays registered office, requesting repayment of the total within 14 days.

 

I'm now waiting to see if anything happens before going to the next step of sending in the LBA (letter before action).

 

A quick solution would be nice of course, but at least part of me is looking forward to getting to a court claim so that they'll have to pay interest as well.

 

I'll keep you posted.

 

 

Victimnomore

"Barclays - it looks like an eagle but it's really a vampire bat"

[victimnomore]

Thanks, Crashbandicoot. Good luck to you too!

[victimnomore]

Just had a phone call from Barclays.

 

It was not from head office (where my letter was sent) nor from my local branch, but from the "debt" department in Manchester, and making no referrence to my dispute.

 

He called to let me know that I am currently about £7 over my overdraft limit, and anxious to know what I was going to do about it. He claimed that whenever an account goes "over" it is referred to them. Funny I've never had a call from them before though .. .. hmm.

 

He seemed pleasant enough in himself, but did manage to issue a mildly worded threat that my overdraft facility "could be taken away".

 

Is this some new sly backdoor tactic, a guerilla-war-type counter-attack? Or am I a paranoid old fool?

 

Anybody else had anything like this?

 

Time, methinks, to activate my "parachute" account.

[victimnomore]

The "parachute" account is now open, and should be fully operational within the next few days.

 

I'm going to be transferring all my payments (in and out) to my new account, so then Barclays attempts to drag things out and/or to hastle me won't affect my day-to-day finances. Ha!

[victimnomore]

Received, with thanks, Nikki.

 

And returned, with good wishes!

[victimnomore]

14 days from my first request expired yesterday.

 

So sent letter before action (LBA), and it was delivered to Barclays registered office today.

 

Incidentally they hit me with another "Charge for item unpaid" while I was waiting, so my LBA included;

"I sent a copy of the schedule of the charges which I am claiming in my original letter of 20 August 2006. I enclose an updated copy since you appear to be continuing your policy of applying such charges to my account."

 

I'm not going to let them get away with anything!

[victimnomore]

Received a letter in today's post, from (though not personally signed by) "Mike Brophy, Head of Customer Relations":-

 

I refer to your recent letter regarding the charges you have incurred.

 

All correspondence has now been passed to me in accordance with our internal complaints

process. 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 be able to contact you again by 27 September.

 

Please find enclosed a copy of our complaints leaflet, which explains how we will deal with

this matter.

 

Thank you for your patience. Should you wish to discuss this matter further, please do not

hesitate to contact me on 0207 116 4561

 

Yours sincerely ...

 

Banks eh? If they can't bully you they'll patronize you!

 

 

 

My reply:-

I today received your letter dated 4 September.

 

I note your phrase “I am committed to resolving your complaint as quickly as possible”

 

You enclosed your leaflet “Don’t hold back your feedback” from which I note that you are already in breach of your own complaint handling procedures.

 

Bearing in mind that my letter was received at your registered address on 22 August 2006, I quote from your own leaflet:

“We will do our best to sort out your complaint immediately.” (you failed to do so) “If we can’t do that, we always aim to deal with your complaint by the next day.” (you failed to do so) “Sometimes it may take longer to fully investigate your concerns. If this is the case, we will .. .. Write to you within five days” (you failed to do so)

 

I regret that I find your response to my letter of 20 August 2006 to be wholly inadequate.

 

In view of the fact that my original letter gave you ample time to respond (as your leaflet now confirms) I would refer you to my letter dated 5 September 2006 received at your registered office 6 September 2006 and headed “LETTER BEFORE ACTION”, which I trust you will treat with more urgency.

 

Yours faithfully

 

 

 

As always, OUR timetable not theirs. (Life is too short for Barclay's tme-scale!)

[victimnomore]

I've had a bit of a revelation! It concerns overdraft interest.

I knew that overdraft interest could be reclaimed if, and only if, it related to an overdraft or part of an overdraft caused by unlawful fees. I assumed that it would be very complicated, if not impossible, to work out how much of the overdraft interest was involved; and I also assumed that it wouldn’t be worth the effort.

Hating the idea of the bank getting away with anything though, I’ve just had another look at my account history. The result was, honestly, SHOCKING!!

The first shock was that I could work it out at all, but thanks to a helpful (more shock!) feature of Barclays statements I could, fairly easily.

When Barclays are about to put extra charges on your account, on normal PRINTED statements they include, at the end of each of their accounting periods, a section headed “About your next statement”. This section states the dates of the period (e.g. 8 Aug 2006 to 7 Sep 2006), the date the charges will be applied and of course what those charges are.

I realised that if I looked at each of these “About your next statement” entries in turn (fortunately I have al my printed statements on file going back well over 6 years), I needed to ask a simple question for each one; was the cumulative total of unlawful fees at the start of the accounting period greater than the maximum account overdraft within the period? If so, then without the unlawful charges there would have been no overdraft and the overdraft interest would then itself be an unlawful charge and therefore claimable.

I was amazed to find that, for every single accounting period in the last six years, even at the start, my overdraft was being caused solely by previous unlawful charges. I feel a very deep sense of outrage that, despite being charged £2,520 for being overdrawn, I have never in all that time had a GENUINE overdraft.

Therefore ALL the overdraft interest in the last six years I am now considering to be unlawful and I intend to reclaim it together, with the statutory 8% per annum on it, in my imminent court claim.

Oh, and is it worth it? Definitely, it’s over £100 even before statutory interest.

 

[victimnomore]

I've just got in from town where I submitted my claim in person at the local County Court. Claimed for Fees plus Overdraft Interest on Fees plus Statutory Interest.

 

The court machine grinds into action .. ..

[victimnomore]

Finally got my "nice" letter from Barclays - I was beginning to feel ignored!

 

As a "gesture of goodwill" (Aw, bless 'em) they're going to let me have back £1,000 of the money they've "taken" from me - they're only going to keep most of it, oooh goody!

 

Putting aside the sarcasm, I'm tempted to send them a two word reply (the second word being "off"), but I suppose I'll have to wrap it up in more polite terms! "I accept but only as part payment .. .. blah blah .."

 

Also today they've charged yet another 30.00 Paid Referral Fee on my account. I wonder if that's another "goodwill gesture". Or is it another kind of gesture entirely?

[victimnomore]

Received "Notice of Issue" from the County Court today.

The court will send the claim to the defendant, Barclays, and it'll be deemed served on 29 September giving them till 13 October to reply. We progress!!

[victimnomore]

Thanks, nutty, all the best to you too.

 

Yes, bring it on Barclays!

 

WE ARE READY FOR YOU.

[victimnomore]

Well, you're in an interesting position, rugbymum. Nice to have you along.

 

(I'm glad I'm already on record as saying how nice the actual people who work for Barclays are - my argument is with the head office policy-makers, honest!!)

[victimnomore]

SHOCK!!

 

Barclays have withdrawn their £1000 "goodwill" gesture, unless of course as "full and final". What a surprise!!

 

It took yet another "Customer Relations Manager" (each letter I get is from a different one) to write it, yet funnily enough the wording is identical to letters other members have received at this stage.

 

Ah well, onward and upward .. .. ..

[victimnomore]

Today's post brought "Notice that Acknowledgement of Service Has Been Filed" from my local County Court.

 

"The Defendant filed an Acknowledgfement of Service on 11 October 2006

The defendant responded to the claim indicating an intention to defend all of the claim.

The defendant has 28 days from the date of service of the claim ... to file a defence. .. .. &c. "

 

Gosh, who'd a thought it??

[victimnomore]

Thanks for the good wishes nutgatherer, and the same to you.

 

Yes I've seen the standard so-called defence. I'm looking forward to receiving my copy (I need a laugh!) and really looking forward to sending in that AQ and taking another step forward.

 

I haven't got a name for the Barclays contact yet - I suppose that'll be on the defence when I get it.

[victimnomore]

Barclays defence arrived. Right on the deadline, of course. Idiots!!

 

It's the usual "blue peter" cut-and-paste defence. Ten points in all, including

4. The claim for overdraft interest is denied. In particular it is denied that the said interest was charged on overdrafts caused or caused solely by disproportionate penalty charges, or that such overdrafts were caused by the said charges, and / or that the claimant is entitled to interest as pleaded or at all. The overdraft and / or subsequent charges were caused by the matters set out in paragraph 7 below.

(Paragraph 7 being the one where they say it's all MY fault for not keeping in credit!)

 

I haven't seen that one before myself, but probably others here have.

 

I've filled in the Allocation Questionnaire and returned it to the court. I've also sent a copy of my AQ to Adrian St John (my man at Barclays) with a covering letter - just for fun - instructing him how to pay me the full settlement figure if he wants to avoid a county court judgement going against them. (No, I'm not holding my breath!).

 

So now I await the judges directions .. ..

[victimnomore]

Sorry I haven't posted for a while, over three months I think.

 

I've been suffering two types of illness - personal and technological.

 

My computer had been getting more temperamental (yes I KNOW they're supposed to be 100% logical .. but .. well, they're just NOT are they!) for some time. Then it, well, sort of died actually. Slowly.

 

My own health hasn't been at all good either. Nothing life-threatening you understand. I won't bore you with details - mostly just all part of the "yukkiness" that goes along with the money-related stress that many members here will understand only too well.

 

Anyway, here I am, feeling better than for a while, sitting at my new computer .. .. look out Bankers!!!!

 

I'll update my case details soon (hopefully tomorrow). But for now let me apologize to any members who have asked for my input, either in open forum or by PM, who have gone unanswered. I'm sorry, I hope you understand I wasn't just ignoring you - I hope you found any support you needed elsewhere.

[victimnomore]

Well, the wait goes on .. ..

 

In November I got a letter from the County Court, My hearing has been set for 10:30 26 March 2007. Seems pretty standard. Just got to get my "court bundle" organised now. And wait some more.

 

Got a phone call last saturday morning from Barclays' credit control department; some arrogant little bully boy (sounded about 14!) wanting to know what I was goiung to do about the fifty odd pounds I'm over my overdraft limit - easy mate, take it out of the three grand you owe me!!

 

As an aside - way back at the start of this I opened up a parachute account at Halifax, I then moved all my income and payments over to the new account - with the help of the nice shiny new overdraft they gave me. But now, guess what? I've, horror of horrors, strayed over my overdraft limit - and you all know what sort of "helpful" response that evokes from those wonderful banking folks. They are now applying penalty charges so fast that I'm getting two or three letters a week from them. They're actually taking more money out of my account than is going in. It's now more than four weeks since I've been able to draw ANY cash out! That's not just immoral and unlawful, it's stupid! Do they really think I'm going to stand for it? Guess what? .. .. They're next .. ..

[victimnomore]

************WON*************************

 

Got a letter from the B legal dept. with just two weeks to go before court date.

 

They don't agree with my "legal analysis" (Ha), BUT ... " .. do, however, recognize that the sum at issue between us is relatively modest [WHAT!!!!] as such, it is not cost effective for either party to take this matter to trial." (Speak for yourself, mate - and just how has it been 'cost effective to make me wait over six months?)

 

Anyway; full claim + interest + costs = Wooo hooo!!

 

The only final irritant was that they wanted a confidentiality agreement - so I wrote back saying 'No - not unless you want to give some consideration'.

 

Next a phone call (panic?) saying that they wouldn't pay any consideration (I didn't expect them to) and that I could just cross through the confidentiality clause (panic?), but could I return the signed acceptance at once by fax (don't have a fax, mate) or scan it and email so they could send me a cheque straight away? (panic, panic?) Of course I could, and I'll stop the court claim against you .. .. .. as soon as the cheque CLEARS!!!

 

Payment was made the next day, not by cheque, but direct as cleared funds into my Barclays account (panic, set and match!!).

 

So, like I said:-

************WON*************************

************WON*************************

************WON*************************

[victimnomore]

Thanks for the congratulations. But I haven't done anything heroic! All I did was follow the process and not give in - "stubborn" rather than "brave"!

 

Saka, congratulations to you too - you've already done the hard part. All you have to do now is keep on going. They'll give in, not quickly, and not without being as awkward as they can and dragging things out as much as possible .. .. but, they WILL give in. All you have to do is let them!