c&k v barclays

[why!!!!!!]

hi all,

took me a month to read through the FAQs and other threads to find the confidence to send my DPA letter to mr townsend on the 29th August, had a reply back from him on the 1st september with the standard letter that my fellow claimers have received and £10 returned, now awaiting my statements to be provided to me.

 

Many thanks to all that have taken the time to write down their experiences as it has given me confidence to stand my ground and claim whats rightfully mine.

[victimnomore]

Welcome, nice to see you.

 

The experience of others here seems to say "persevere, and you will, eventually, win"

 

Keep us all informed.

[why!!!!!!]

WOW i cant believe it barclays had til the 9th October to send my statements but they arrived in the post today. They are in the form of fiche up to 14th July 2006, cant really understand most of it as it has been randomly processed, i have my highlighter and ruler at the ready. i will tot up and let you know.

Thanks again for the ongoing support you give everyone.

Claire

[Rooster-UK]

Good for you.

Just follow the well-tried and tested methods suggested in this forum and you WILL succeed.

 

Good Luck.

[why!!!!!!]

My total charges to claim back from Barclays comes to £4265.

Took me a while to go through the statements as barclays had repeated statement pages, also there were a few refund of charges paid back months later. Prelim letter and schedule of charges ready to post first thing tomorrow, allowing for postage time i will give them until the 11th October to respond.

Im getting the hang of this now!

Claire

[victimnomore]

It gets to be fun, doesn't it?

[why!!!!!!]

hi victim,

Yes it does, i just read your thread and i hope everything goes well for you please stay in touch and let me know how you get on.

claire.

[why!!!!!!]

Hi all, could someone please help me i have received two letters from barclays today one saying the usual sorry you are not happy blah blah blah which i know how to deal with. The other letter heading is CANCELLATION OF STANDING ORDERS AND DIRECT DEBITS they go on to say that because i am over my overdraft limit they have cancelled all of the above with immediate effect and advised me i cannot write any cheques or use my connect card until i pay it all back immediately if i do not my credit rating will be at risk. can they do this?

many thanks

a very anxious claire.

[jigr69]

Barclays are really a bunch of cowboys, I hunted around the net after politely asking Barclays to up my overdraft limit as I could see us going over it in the near future and incurring numerous charges. They replied they couldn't, even though 12 months earlier I had reduced it by 50%, which they did immediately. Or they could if I stayed within my overdraft limit for 3 consecutive months... After I had finished laughing, and picked myself up, I replied, if I could do that, why the hell would I be here?

 

I came across this site and now gunning for Barclays big time...

 

As for them not honouring any cheques or DD's because of your balance being above the overdraft limit, any MOD's know what to do next? I suspect you could write a letter stating that the unlawful and unfair charges are the reason why you are over the overdraft limit and you are currently taking Barclays to court in order to reclaim them.

[Bookworm]

Have you opened a parachute account? If not, do it NOW. If they're going to play silly buggers, you want to be a step ahead.

 

How much is your o/d for? How does it compare with the level of charges you're reclaiming?

 

One you answer this, I'll give you a little how-to so you can reply to them, and we'll take it from there. Don't panic, it's only a bank account. They think they're God, we have to remind them they are just a grubby money outfit, and that in the order of things, they really don't rate that much.;-)

[why!!!!!!]

hi bookworm,

i do have a parachute account up and running since june. My auth o/d is for 1000 currently at 1300 unauth'd. The total charges i am claiming back are 4265. I just wish they could have given me the seven days notice that i need to give to cancel or rearrange my direct debits.

many thanks claire.

[Bookworm]

Ok then.

 

First thing is to contact all the creditors of the d/d and s/o, warn them that you are changing banks, so there may be a slight delay in payment, but that normal servcie will get resumed asap. While you're at it, since you're goign to have to rearrange things, try to get rid of as many d/d as you can and make them into s/o instead, this way, you're in control of what goes out of your account, no them. (1st rule of money savviness ;-))

 

Then you do this:

 

If the bank tells you to repay the overdraft in full, don't panic.

 

Work out how much you can repay per week/month without leaving you in financial dire straits. Write to the bank telling them that you can not possibly repay the o/d in one go, and that you will pay back £xx per wk/mth/4 wks/whatever until o/d is cleared. Enclose 1st payment in letter. If they cash the cheque, it will be all the harder for them, in the case of future argument, to explain why, if they didn't accept the agreement, they cashed the cheque. You need to say in your letter that this is the best you can do, and if they are not happy with it, they can and should take you to court and ask a judge to decide what and how much you should repay. Oh, and demand that they freeze interest onto the debt until it is paid off. (they probably won't, but it is aways worth a try)

 

In your case, point out that since your o/d is only £x, and the charges you're going after are £xx, once they repay you your unlawful charges, you will then be in a position to get rid of them once and for all.

 

Here's the news: The bank doesn't want to go to court on that either, for the following reasons:

 

a) Like the rest of us, they have a duty to mediate outside the court sytem. If you have made a reasonable offer, a judge will not take kindly to them litigating.

 

b) Depending on what you offered to repay and what your existing debts are, a judge could well decide to award them LESS than what you have offered to repay in the first instance. Because a bank o/d is not a "necessary" debt, it is at the bottom of expenditure, and before a judge decides how much you should repay the bank, he'll look at all your other outgoings, mortgage, food, electricity and so on... Then, on a sliding scale of importance, until it gets to the overdraft... And since you had made an offer of repayment as it is, and kept to it, he is not going to put the bank very high in the order of priority. And the bank knows this.

 

The 3 important things to remember are these: Enclose 1st payment with your proposal. Keep up the payments. Don't budge once you have made your proposal, no matter what they say.

[why!!!!!!]

Thankyou for that bookworm.

This is an update since then.

I received another letter from Barclays today, the letter saying they had cancelled our cards and cheque book and if i dont return these to my branch they will send an agent to get them from me. I phoned barclays today and told them i wanted to arrange a s/o for my husbands loan repayments as they (barclays) had cancelled all d/d and s/o from my acc and then i was put through to consumer finance where a young man said he would like to help me as he had noticed i was now within my agreed o/d limit and they dont want the full amount of overdraft paid, he asked how i paid it i replied that it was my husbands wages, then he offered to give me a temporary extension on our overdraft if i needed to have some of the money that was paid in back, and then i could set up an agreement with them to pay it off. I am confused as to why they have made such a fuss. Would it effect our claim at all if i was to enter into an agreement with them in regards to our overdraft?

I hate doing business over the phone with them but felt i had no choice.

confused claire

[why!!!!!!]

L.B.A sent today i will give barclays until the 26th October to ignore me, offer partial refund or offer full settlement.

Now looking as to which way to go about the court claim when it comes to it, do i do it online or go into the local court i cant decide..

I will let you all know how it goes.

claire

[Welshman]

That's a decision for you Claire. I debated that too when I was at that stage but opted for MCOL. It's now at my local court - no problem.

[Lulubelle]

I really sympathise with you Claire. I'm glad you've managed to sort the o/d out and hope that's the end of it for you.

 

I got into difficulties paying my graduate loan 18 months ago when my Working Families Tax Credit payments were reduced without warning by 60% to pay back overpayments. I contacted the branch ASAP to request reduced loan payments for a few months while it was sorted, but frankly I was a naive fool . They took away my o/d facility, I therefore couldn't access my months salary (I'm a single parent) and moved my accounts to Recovery. Three months later all of the WFTC 'overpayments' were paid back to me as it was in error, but the damage was already done. I'm still paying £1 per month into each account as the default is there now and its a huge struggle to pay the loan repayments. At the time I didn't understand what would happen when I said I couldn't afford my loan repayments (even though I used to work for them !), that's why I think this site and forum is SO excellent- people are well informed and supportive and I for one am extremely grateful!

 

Lulubelle

[Spidee9]

Please could you help me. My Barclays account was closed in march 06 with no warning and passed onto debt managers. I have been paying debt managers every month since march but have recently requested a c.c.a with £1 payment. I have now recieved a letter from Barclays going like this..

 

Dear Sir/Madam

 

Your Barclays Bank PLC account has now been transferred to Debt Manager Ltd and a file referral fee of £25.00 has now been added to your account.

 

You are required to contact 0870 xxx xxxx, Monday to Thursday 8.00am - 8.00pm Friday 8.00-7.00pm Saturday 8.00pm - 1.00pm.

 

We will no longer accept further communication from you.

 

Alternativley write to them, thier address

 

xxxxxxxxxxx

xxxxxxxxxx

 

Please cut up cards etc (this was done when I had to set up back up bank account before march)

 

You must now make full payment of the outstanding balance to Debt Managers at the above address ref xxxxxxx

 

Yours sincerly

 

Mike Bates

Head of collections from Barclays.

 

As I am already dealing with debt w***ers they know I can afford to pay in full. Any advice would be fantastic. I am going to report them for this I really wanted the cca from debt managers to see if all the monthly charges have came from Barclays of themselves. Peter townsend Data Protection from Barclays says that I should have my missing statments by early next week. tick, tick, tick....BOOOMMMM time is running out

[victimnomore]

See reply to Spidee9 here

[why!!!!!!]

hi

Received a letter from mr lawrence white thismorning offering me £1000 as good will gesture in full and final settlement of my complaint, my total claim is for £4265. They didnt receive my letter until 17th October, should i send thanks but no thanks today or just file to court on 30th, as in jonni2bad's note at the top of the letter its says if theres only a couple of days remaining just file. Do you think they would get back to me with better offer by 30th?

thanks claire

[Welshman]

Very much doubt it. You just had their full and final settlement offer.

[why!!!!!!]

hi

i think ive done a bit to much reading of other threads and confused myself on what to put on N1 can anyone have a look and tell me if these parts are ok to put on:-

 

BRIEF DETAILS OF CLAIM

repayment of amounts charged by the defendant to the claimant for purported breaches of a contract to supply current account banking services in contravention of the unfair contract terms in consumer contracts regulations 1999, the unfair contract terms act 1977 and the common law.

 

VALUE

I EXPECT TO RECOVER

TOTAL CHARGES £0000

TOTAL 8% INTEREST £000

TOTAL = £0000.00

 

and in the box at the bottom of the first page for the 'amount claimed' do i leave it blank as it is not really a fixed amount i am claiming as interest is rising up to date of judgement or earlier repayment.

Many thanks for your help.

claire

[victimnomore]

Here's what I put on mine (IF that's any help!):-

 

Brief details of claim

The claimant claims the return of disproportionate penalty charges levied by the defendant together with overdraft interest charged by the defendant on overdrafts caused solely by disproportionate penalty charges.

 

Value

(total before interest)

 

Amount claimed

(total at claim date, ie including the "8%" up to the date you submit the N1)

 

 

Obviously, if you're not reclaiming overdraft interest, don't include it.

 

The "Brief details of claim" is just so the court can see what category of case this is. Details of why you're reclaiming fees, and how you can justify your claim under the various laws goes on the back of the N1, under "Particulars of Claim"

[why!!!!!!]

hi

Just submitted my claim to my local county court for £4793.95.

Im excited by the whole process.

I wouldnt have got this far without the help of everyone on here.

many thanks. claire.

[austenpowers]

good luck why!!!!! Long way to go mind you, but it will be worth it in the end

[why!!!!!!]

hi all,

Barclays had until the 20/11/06 to respond to my claim which was deemed served on the 4/11/06. Barclays have filed an acknowledgement of service, which gives them 28 days from the date of service(4/11/06) to enter a defence, so now if i am right they have until the 01/12/06 to do so.

I'll just wait and see what they come up with in there defence.

Claire.