Plimsole's claim

[Plimsole]

I sent my letter asking for charges to be refunded on 29/3.

 

In the last 6 years I have paid out almost £600 in charges for returned direct debits, cheques and overdraft exceedances. I was astonished when I totalled it up!!

 

Received a letter from Barclays on 31/3 saying they were sorry I felt the charges were unfair and they would respond within 14 days....

 

Will keep you posted with any results

[charlotte owen]

hello, sounds like my claim is almost exactly them same !! My charges totalled £550 and i received my letter saying as a gesture of goodwill they will pay me £220 !! What a joke they were more than happy to take it and i could really do with the money, but after speaking to David Chapman on a direct phone number he was very pleasant but stated it was only a gesture of goodwill and they didn't have to give me anymore as he had assesed my account and decided that it was a fair amount ! So on with my claim !!

Not too sure if you have a standard letter for the next part of my claim ?

Good luck with your calim !

[Plimsole]

its only a few days in for me so based on your experience I should expect a phone call offering me some but not all of the charges refunded?

 

I've been using the letters on this forum but slightly modified. And also had to look up what "fiduciary" meant. I can't very well send a letter not knowing what one of the big words in it meant

[kaznelson]

I would guess Barclays will make a gesture of goodwill and offer you half of your charges back. Stick with your guns and go for the full lot

[Plimsole]

good geuss kaznelson!!

 

had an offer for less than half on the 5/4

 

just a game of financial chicken now......

[kaznelson]

Reply back to them and reject their offer. (see FAQ's) Give them 7/14 days or you will proceed with the claim.

 

Good luck

[Plimsole]

I realise it's been a while but....

 

...went to Small Claims Hearing today, and guess what, Barclays did not show!! Phew....

 

Judge ruled in my favour so I will be receiving back (eventually):-

6 years worth of charges - £575

Interest @ 8% - £122.05

Court fees - £80

 

Total of £777.05

 

Interestingly the Judge would not allow me to claim the day I took off today. Did I do something wrong? Is there something I should have said that others can learn from?

 

Is there a moderator that can change the title for me too?

 

I'm off to celebrate, but not too much. The money's not in the bank yet......

[victimnomore]

Well done and CONGRATULATIONS!!

[Spotted Dog]

Well done from me too!

 

If Barclays keep messing the Court system about like this, the Courts are going to take some action. Lets hope they can hold Barclays in contempt. !!

[essjaysea]

According to "Small Claims Procedure - A Practical Guide" by Patricia Pearl, the judge, at his/her discretion, can award costs to the winner of up to £50 for loss of earnings, plus reasonable travelling expenses.

 

If anyone else gets to this stage, it might be an idea to provide evidence of loss of earnings, such as payslips, or a letter from your employer, and respectfully point out to the judge that this is covered under Rule 27.14 (3) © and PD 27 para 7.3(1)

[Plimsole]

I went to court late in September and since Barclays did not attend, the judgement was in my favour by default.

 

The court then sent a letter out saying the judgment had been made and that barclays had until mid november to pay.

 

Barclays sent me a letter saying they "inadvertantly" failed to attend (!), still disputed the circumstances etc but were willing to settle in full providing I wrote to the court applying to have the judgement "set aside". I'm afraid at this point I have have been a bit lax and didn't respond (mainly because I had no idea what set aside the judgement meant).

 

Now I have a letter from the County Court requesting my attendance at a hearing! Barclays have applied for the judgement to be set aside. Now its getting serious again. So I looked up set aside and it basically means getting the judgement reversed doesn't it?!

 

Am I going to have to attend court and actually face Barclays?

 

Anyone else in the same boat.... I need some reassurance please that this isn't just happening to me

[Welshman]

By having the judgement set aside, Barclays will not have been seen to have lost the case. That's all they want. You still get your dosh and they don't have a court case going against them.

 

Agree to the set-aside as they WILL get it.

 

Contact the sender of the letter from Barclays and agree to it. They STILL do not want to go through the doors of the Court.

[Plimsole]

Barclays have now paid up in full!!

 

They arranged for the hearing I talked about in my post above, but then one week before called up to say that they hadn't heard anything from me and they were still willing to settle in full.

 

They faxed me stuff, I faxed them stuff, they transferred the money direct into my account. So no longer required to attend the hearing!

 

The only slightly dissapointing thing is that I suppose it doesn't now count as a judgement against them as we settled out of court....

[Welshman]

Well Done. I assume that you've notified the Court that you've settled.

 

Enjoy the money, and have a nice Xmas.

[Plimsole]

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