Jim Riddles Claim

[jim40031]

I have another thread in teh Nat West Action group if anyone is interested.

 

They have charged me £330 in Unpaid Direct debit fees since I opened my account just over 3 years ago.

 

I sent my "preliminary approach for repayment" letter on the 17th March.

 

Judith Harris (Case Manager) replied on teh 21st March apologing that I have had to contact them about charges on my account, and letting me know that she will let me have a response or update by no later than 18th April 2006.

 

Karl Voller (Customer Relations Manager) then replied on teh 24th March with what I am led to believe is teh standard letter disagreeing with my legal anaysis. As a gesture of goodwill he is wiling to refund a proportion of teh total amount of unpaid and paid referral fees (dont think that I have any Paid referral fees as teh account does not allow me to go overdrawn) which amounts to £160.

 

I have today (27th March) sent teh letter, previously used by user Enigma (Title "50% offer").

 

Will keep you posted on progress.

 

Keep your fingers crossed for me please.

[richardc]

Keep us posted.

[jim40031]

Received letter Saturday from Karl Voller (Customer Relations Manager).

 

"Thank you for yor letter dated 27 March.

 

I am very sorry to learn that you feel my offer of refunding £160 worth of charges is unnaceptable. After due consideration I still believe that this offer is fair and reasonable and whilst I sympathise with the problems you have faced I can confirm that I am not willing to increase my offer.

 

I appreciate this is not the response you were hoping for, however I hope I have clarified our position."

 

Now I know from reading the forum that I now have to move forward and start getting nasty. However I have a quick question :-

 

My second letter to them recognising their offer and giving them another 14 days was actually dated and sent as soon as I had there first response of 160 quid, and not when my 1st 14 days had expired. Should I sent another duplicate letter now that the original 14 days has definatley expired ???

 

Also the 2nd 14 days which was given earlier than should have done has also not yet expired. Should I wait until the 2nd 14 days expire in case they had a change of heart or should I recognise their response as the time to move on to teh next step ??

I hope that I havnt screwed this up. Please assist if you can.

[Spiceskull]

If you sent the original LBA, then it would have said "...if I don't hear from you in 14 days, OR I do not get a satisfactory answer within 14 days..."

 

They wrote to you within your timetable, and their response was unsatisfactory. You have gone ahead with your next letter as you stated (2nd letter before action...) - they will know that you are not such a walkover...good luck.

[jim40031]

"...if I don't hear from you in 14 days, OR I do not get a satisfactory answer within 14 days..."

Yes but my concern is that this statement can be read as "you can send as many unsatisfactory answers as you want but as long as I get what I want within the 14 days then I wont take it any further"

 

Do you see where I'm coming from ?

 

I'm just concerned that they could use this against me in court, i.e. I havent given them enough time and not shown willing to be reasonable.

 

Cheers Jim

[richardc]

14 days is more than adequate time for a bank with their vast resources. No judge would say this is not enough time.

[jim40031]

I do apologise for keep posting but I'm not sure whether I have made myself clear or not.

 

Basically my first letter gave them 14 days. They responded much quicker but without a good enough answer so I wrote back with teh second letter before the 14 days had expired.

 

They have now responded to my 2nd letter, again within my 14 days but, again without a decent enough response.

 

My simple question I suppose, is should I wait until my 2nd 14 days expire (just in case they changed their minds) or should I go straight onto teh next stage, simply becuase they have answered my letter.

 

So as to save all of your time, a simple "now" or "wait a bit more" response would suffice.

 

Thanks in advance.

[Spiceskull]

You wrote them two letters, each giving 14 days for them to respond. This they did, and opting to refuse your claim for a full refund. You are now completely in your rights to proceed with the next step - ie. issue your claim through the court, and this is what I would personally do.

 

However, if you wish to wait until the 14 day deadline, that is completely up to you. If you do choose to wait, then I would suggest you become fully au fait with the next step - once you have isued your claim, they will probably say that they are going to defend. In all likelihood they will back out, but once the court claim has been raised, you MUST be prepared to answer your case to a judge. Good luck.

[BankFodder]

Wait the 14 days. It looks more reaonable

[jim40031]

Looking forward to taking my case to court (if neccessary). I will take great pleasure in taking the smile off of this banks face. I will wait the full 14 days though as it seems to be fair.

 

The longer this goes on though the more agitated I am getting and teh more people I am passing this news onto. Basically they could cut their loses by paying out and letting me forget about teh whole thing.

[Spiceskull]

Basically they could cut their loses by paying out and letting me forget about teh whole thing.

I'm sure that this thought has occurred to them many times...but they are more likely to be thinking...'if we mess people around they may just give up and go away...' Most of us on these boards won't be doing that...so the bank better start thinking of a Plan B...

[maforduk]

If it goes to court, All the best of luck or you.

I'm willing to go all the way with mine aswell.

 

Just not legally minded as their solicitors are!

[jim40031]

Good Morning All,

 

Just quick question, There time is up, time to stop sending polite letters.

 

In the Moneyclaim guidance notes, teh 1st sentence that has been used in teh example is "You have a contract with the defendant bank dated XXXX ".

 

What does this date refer to....The bank account application date, teh account openeing date, todays date ????

 

Cheers for your time.

 

Jim

[jim40031]

Put my claim in today for 330 quid plus 49.43 interest + 50 court costs.

 

Will let you know what happens.

 

Jim

[jim40031]

Received letter on Saturday from teh Court telling me that an acknowledgment of service has been files on teh 20th April.

[maforduk]

Good, keep us updated.

[orionmb]

Received letter on Saturday from teh Court telling me that an acknowledgment of service has been files on teh 20th April.

 

Whats this acknowledgement of service?

[maforduk]

I believe it's when the court has awknowledged the claim and has serviced the documents to the defendant.

[jim40031]

Sorry for not replying sooner. Its when the Bank has acknowledged the claim against them that was issued to them via teh court. Basically by acknowledging the claim, the bank gets another 14 days to file a defence before, you can request teh court to issue judgement by default against them.

[jim40031]

Just an update.

 

The bank has now informed the courts that they dispute the whole claim. Looks like I will have to fill in the forms and go to court.

[BankFodder]

Does this mean that you have received a defence?

 

If so we would be interested to see a copy. Any chance that you could scan it to

 

[email protected]

[jim40031]

No I have not received one, my claim has just been updated to say that it is defended and teh following text is shown when I go into teh deatisl of my claim :-

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

P.S. when and if I do get my money back I will be donating 50% of the interest to this site. I see that teh site hasnt managed to get much financial backing from us users yet, even though we all know that we wouldnt have seen any of our money at all if it wasnt for the time and effort of teh people organising this great web site. I beg anyone reading this to consider doing something similiar.

[Barclays_hater]

Sorry not to jump on anyones thread, but i have scanned the barclays defence, if anyone is interested http://i71.photobucket.com/albums/i129/barclays_hater/

[Mervalous]

I was thinking about the donations the other day and was goin to stick in half of my interest but I messed up the interest so will be donating £50 anyway as they have helped a lot.

 

I think if everyone donated even 2-5% of the money they get back that would be a hell of a lot!

[jim40031]

Thanks for jumping on Barclays hater, heh thats not fair I want your name ;-)

 

I am hoping for something similiar. If so, then I already have my speech to the judge worked out. When and if it gets to this stage, win or lose, I will give the site a copy of my speech.

 

Moderators, please dont remove Barclays Haters post becuase of thread jumping, as this will be of great use to me.

 

Thanks in advance