Trapper Dave v. Barclays Bank

[Trapper Dave]

Ok, so after getting a link to this forum from a friend I've sent off the request form however, I'm not holding my breath for it coming back within the first thirty five days.

 

Is it not possible to go to my local branch and ask them to produce the statements? :?

[Welshman]

Some people have gone to their branch and asked for them and some got them sooner. Some have been asked for £5 for that service. I don't believe that you get them over the counter though if that's what you were asking.

[Trapper Dave]

So to both my shock and horror; I've received a reply today.

 

It seemed to be pretty standard stuff; but the closing paragraph has worried me a bit. It says that they don't record any instances of manual intervention where they'd be oblige to inform me under the DPA.

 

So what's happened?

[Welshman]

Don't worry about that wording. I just checked the letter they sent me at the same stage and it's also there - although not exactly the same wording.

 

They will still supply the statements, you still add up the unlawful charges, using the spreadsheet in the templates section of this site and you then send them a letter (along with the spreadsheet) asking them to return YOUR money. It is important at this stage that you double, triple and quadruple check the dates/amounts and whether it was Paid Referral or whatever wording they want to call "charges", save that spreadsheet then edit it by deleting the two columns "Days Since Offence" and "Interest @ 8%". It is the edited copy you send to the Bank with your demand. Also print out a second copy as you will need it in 14 days time.

 

They will still stall you and tell you that they disagree with you and that they're entitled to charge you for going overdrawn then, 14 days after that letter was sent, you send them the LBA again attaching a copy of the Spreadsheet that you sent them in the previous letter.

 

You will then probably get a letter with an offer. When that happens, you will then have read many times the FAQ's and Step by Step sections of this site and can go ahead from there. If you need any more help, as I did, post a question and the kind soul in this site will guide you.

 

At no point in the above procedure do you mention the 8% interest. That comes in the next step.

 

Hope this helps you.

[Trapper Dave]

I think that I've worked the two spreadsheets out (although I'm not very sure). Would anyone be willing to have a quick look at it for me please?

[Trapper Dave]

So I sent my request for refund £550 on Thursday, but I didn't include tax at this stage. Is that correct? All I've got to do now is wait it out for the next letter.

[Welshman]

That's correct. Prelim letter asking for your money back along with a copy of the spreadsheet (not including the interest at this stage). Wait 14 days then send off the LBA giving them another 14. It's at that stage that you are likely to get an offer of about 40% to 50% of your claim.

[Trapper Dave]

So it's Day 17, should I now make my online claim? I've forgotten where the instructions are.

[Trapper Dave]

I received an offer of £275, but that's hardly the £570 that I'm owed. What steps should I take next?

 

I did like the way however that they made it clear that they were not admiting anything in their letter.

[vincethod]

You have a choice:

a) Accept their offer and leave it at that (but you don't really want to do that)

or

b) Accept their offer as partial settlement, stating that you will continue your claim for the remainder of the money owed. Do this using your own letter (ie do not sign their form). They will in all likelihood retract their off with a "well if that's the way you want it, let's see you in court" letter - This is where it gets interesting (literally). You then start small claims proceedings against them using MCOL for the full amount plus statutory interest at 8% plus costs, with a daily interest rate until the claim is settled. Then sit back and wait for the blustering from Barclays.

 

Vince

 

The above information is taken from reading around this site and learning of other people's experiences. IANAL.

[Trapper Dave]

Could someone please just have a quick look at this as a reply?

 

"Dear Sir/Madam,

 

With regards to the letter (your reference: 1001ZDTD) which was received on the 4th Novemeber 2006, I will accept your offer as partial settlement, whilst I intend to pursue my claim for the remainder of the money owed.

 

This leaves a difference of £295 in addition to the original settlement which you have put to me."

[vincethod]

Yeah, that's fine.

 

Send it. They will then withdraw their offer and you carry one as you were with MCOL for the original amount (if there have been any more charges since then, include these in your MCOL claim - it will save you having to start the whole process again)

 

Vince

[Trapper Dave]

Is there a charge for using MCOL? Also, if it gets dragged out to court, what sort of charges should I expect? Am I right in thinking that I should add them to the total requested once they've been paid for?

[vincethod]

There is a charge, depends on the level of your claim (it starts at £30 and goes up to about £250, I don't recall where the cutoffs are off the top of my head, but I paid £120 for a £1500 claim) The website will calculate this for you and you can save your claim online so you do not have to complete it in one sitting.

 

And yes, once you have done this, the charge for MCOL is added to what Barclays must pay you to stop.

 

ETA: These are the costs you said you would be claiming in your LBA, also don't forget to add interest to the quantities at this point and calculate the daily interest rate for the period from your claim to the date of settlement.

 

Vince

[Trapper Dave]

Today I received

 

"I am sorry you remain unhapy following out response to your complaint and note that whilst you are accepting the amount offered, you will be seeking balance throough the Small Claims Court.

 

I confirm our offer, made as a gesture of goodwill, was in full and final settlement of your complaint. As such, I am unwilling to pay you the sum of £275 as an interim measure. I acknowledge that you require your claim to be settled in full. However, after careful consideration, I regret that I am not able to increase our offer.

 

Should you wish to accept our offer of £275, please sign and return the acceptance form enclosed with our letter of 2 November. If you do not wish to acept our offer in full and final settlement, it would appear twe are unable to reach a mutually acceptable resolution.

 

I appreaciate this is not the response you were hoping for, but I have fully explained the Bank's position."

 

What concerns me is that I've not mentioned the Small Claims Court

to Barclays (as far as I can recall). If I do go to the SCC, what are my realistic chances of being succesfull?

 

Would it be an idea for me to write to them explaining the findings in the test case where bank charges were found to be unlawful? My conumdrum is that I need the money, and if I've no real chance of winning in the SCC, then I'd be better off taking their offer and running, but I've another account which is still within it's overdraft limit, what are the chances of them demanding that I pay it back in full?

[Trapper Dave]

Anyone?

 

Also, my PC died, and I lost all of the data on it, including letters that I sent to Barclays, how will this affect my case?

[dunnie1]

you have excellent chance of success. have a look at the barclays litigation concluded section. they're settling before court, so far without exception. why accept half of what your owed when you can get the full amount? They might mention your overdratf and deduct the amount from your final setlement.

If you need the money - ask for a crossed cheque at court (which you won't get to probs)

 

as for your pc dying - sort out a back up procedure using USB keys or an ext USB hard drive or CD/DVD backup so your covered if it happens again. You will need your schedule of charges again so you'll have to input your data again..and unless you need to produce a court bundle you won't need your letters particularly.

[Trapper Dave]

Thank you. What happens if I can't afford to set things in motion until after their initial two month deadline passes?

[dunnie1]

You could apply for a remission of the fees by filling in an exemption form at the court. You fill in an income/expenditure section and the clerk/manager decides whether to waive the fees or not. At least that what happens at cardiff county court.

[Trapper Dave]

With the arrival of my student loan this morning, I've filed with Money Claim Online.

[livelylad]

With the arrival of my student loan this morning, I've filed with Money Claim Online.

 

Excellent.

[Trapper Dave]

How long will it be until I hear anything?

[livelylad]

How long will it be until I hear anything?

 

 

The court will send you confirmation that the claim has been issued.

 

The defendant has 14 days to acknowledge the claim after it has been served this is 5 days after you issed the claim. If they dont acknowledge the claim you can ask for judgement. If they do they then get 14 days to enter a defence total 28 days from when the claim was deemed served.

[Trapper Dave]

I'm a bit concerned. I've received my Notice of Issue this morning from Northampton, that's over an hour and a half away.

 

Is there anyway way that I might be able to try and get the court changed?

[livelylad]

I'm a bit concerned. I've received my Notice of Issue this morning from Northampton, that's over an hour and a half away.

 

Is there anyway way that I might be able to try and get the court changed?

Why? Its done online. Should they defend it will be transfered to your local court anyway. Northampton is where all MCOL are filed.