Emma V Woolwich & Barclays

[emma S]

hi to everyone, i have recently sent my requests for a list of charges but it has now been over 40 days, do i send another letter to chase them?

 

i received my argos and one of my woolwich list of charges but i am confused about when to add the interest on? do i add it to the first letter or at the end when they advise they will settle? and do i send a copy of the spreadsheet to them or just the letter?

 

someone please help!

[orfoster]

No you need to now send the data protection act non compliance from, its in the bank templates section of this website. You need to have a good read around about it all. You don't add the 8% interest until you go to court with your claim. Make sure you don't send in charging the banks any interest until that time.

 

You can also do your spreadsheets using the template sheet in the bank templates library. Have a look in there. You might only need to call the bank to chase this up.

[essjaysea]

There are two types of interest that you are entitled to claim for.

 

Firstly, you are entitled to claim interest that has been charged to your account as a result of penalty charges causing your account to be overdrawn. There is a spreadsheet on the bank templates library to help you work this out, but I would suggest that if your claim is relatively small, it probably is not worth bothering with as it is somewhat complicated to work out.

 

Secondly you are entitled to statutory interest of 8% under the County Courts Act which applies from the date of each "offence". The spreadsheet in the library will work this out for you, all you have to do is put in the dates and the amounts. But you can only claim for this when you file your claim with the County Court.

 

Hope this helps

[emma S]

Thank You Will Look At Letters And Spreadsheets Now And Let You Know How I Got On. I Have 14 Different Accounts To Hit! Not Sure How Much They All Come To. By The Way What And Where Are The Scales?!

[orfoster]

The scales at the top right of every window if you look next to the ! they are there. Its where you can give feedback about peoples help if they have helped you or not. they are next to where it says permalink

[essjaysea]

The scales are located at top right hand corner and you click them if you find the response useful

[Welshman]

When you applied for the statements, did you send the £10 then get it returned with the usual letter saying they'll supply free of charge?

[emma S]

sorry for the late response! I am not very good at using the computer and especially getting around on this site, I find it very confusing!

 

I sent the £10 cheque and it was returned to me with my list of charges, I recently sent them my request with spreadsheet and they sent me an offer of £780 which is approx half of my charges. I rejected the offer on Mon and requested the full amount again LBA and they have already responded with 'no we are only willing to give you this amount as a good will gesture £780.' (blah blah blah)

 

I received that letter yesterday, I must admit I am tempted to take the offer as I wanted the money for christmas!

 

WHAT NOW??? DO I NOW FILE A COURT ORDER? IF SO HOW DO I DO THIS?

 

PLEASE HELP!

[Welshman]

This is absolutely typical of Barclays. Added to that, the fact that Christmas is so close, they know that more people are going to accept their measly offers because of the pressure of providing during this time of year.

 

If you do not accept this offer, you will not, under the current scheme of things, get your cash this side of the New Year. But they are willing to give you not an unsubstantial amount of money while keeping an equal amount themselves!

 

No-one here should pressurise you in any way shape or form to plod on and fight for the rest. I'm in a far better financial position now than I was when I incurred the charges related to my account so I'm in for the long haul. Other people aren't as fortunate and needs must.

 

If you want to fight on, then post here again and we'll try and help you through it.

 

Whatever you decide, you will not have any criticism. Good Luck to you.

[emma S]

:idea: Hi thanks for replying to me. I have decided to go ahead with the claim through the courts. But I do not know how to do this?

 

I have printed off the court form but whilst reading it said I am able to do this online? If so where can I find this and what court do I send it to?

[Welshman]

Hi Emma. You can file on-line and I've reproduced the link below and a copy of what my Particulars of Claim (POC) was. You need to edit it to show your particular details. Here’s how to file MCOL:

Go to https://www.moneyclaim.gov.uk/csmco2/index.jsp and register with them.

Fill in the forms which are quite straightforward and in the particulars of claim, the text I used was:

"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 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. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

 

Tick No for Human Rights Issues.

Any problems, post back here in your thread.

[emma S]

Thank you. I have started to complete the form online now.

 

Another question though!

WHAT ADDRESS DID YOU USE FOR THE DEFANDANT?

[Welshman]

Customer Services

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

will do nicely.

 

Good Luck

 

 

 

[emma S]

WELSHMAN ARE YOU THERE?!!!

 

I NEED YOUR HELP PLEASE. I STILL HAVE NOT GOT ANY FURTHER WITH MY CLAIM WITH BARCLAYS. USING YOUR INFORMATION I HAVE PREPARED THE MCOL AND I WILL SUBMIT IT AS SOON AS I HAVE THE MONEY. (I HAVE JUST CHANGED JOBS AND HAVE TO WAIT A MONTH TO GET PAID!)

 

ANYWAY I DECIDED TO PUT MY ARGOS AND SAINSBURYS ON MCOL AND I HAVE RECEIVED A NOTICE OF ISSUE FROM BOTH OF THEM.

 

SAINSBURYS STATES THE DEFENDANT HAS UNTIL 13 MARCH TO REPLY

 

ARGOS STATES THE DEFENDANT HAS UNTIL 3 MARCH TO REPLY. TODAY I RECEIVED A NOTICE THAT ACKNOWLEDGMENT OF SERVICE HAS BEEN FILED. ATTACHED IS A FORM WHICH HAS BEEN TICKED BY THE DEFENDANT 1. I INTEND TO DEFEND ALL OF THIS CLAIM.

 

WHAT DO I DO NOW? I WAS LOOKING AT COURT NOTES EARLIER AND CAME ACROSS INFORMATION REGARDING PAPERWORK TO BE SENT TO THE COURTS? IS THIS CORRECT AS I HAVE SENT NOTHING, ALL I HAVE DONE IS FILED IT ONLINE AND PAID THE COURT COSTS.

 

PLEASE HELP! :confused:

[dar£n]

Emma calm down,

You just need to send your schedule of charges to both parties for now. [recorded delivery]

 

The defence bit is a standard reply from their legal dept. I had exactly the same from O2 and they buckled two days later and paid up in full.

[emma S]

Sorry To Be Dumb But Who Exactly And What Exactly Should I Be Sending Please?

[121o121]

Yeah, I agree.

 

As long as the defendants have the charges document, thats all that matters.

 

The court will tell you what to do in good time (ie. AQ etc).

 

This is the waiting game we all have to sit through!

[dar£n]

Emma, go here to see if youve done this bit

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=5

 

and youre not "dumb"

[emma S]

Thank You For Your Help, Both Of You. I Have Just Looked At The Court Notes, Because I Filed My Claim Online, Is It To Late To Send A Schedule Of Charges Now?

 

I Understand I Need To Send 2 Copies For Each Claim To Northampton County Court, This Is The Spreadsheet Including The 8%?

[dar£n]

Send in late? No, I made the same mistake, sent mine in about a week later, had no problems yet.