anderson vs barclays

[joanneando]

after sending my first letter requesting my charges back,barclays replied saying they would look into my complaint and reply by the 22nd september.

I recieved a reply yesterday staing that they didn't agree with my complaint as i had accepted their terms and conditions when i opened my account,but as a GOODWILL GESTURE they offered me a third of what i was claiming as full and final payment.So today my response to settlement letter goes out accepting this as only part settlement and see what happens.

I am going to brace myself for the reply which which probably be to log a claim in hte small claims court!!

[lisamellor]

yes be prepared!!

 

lisax

[joanneando]

Can anyone give me some advice on spreadsheets.

I am not the world's greatest on computers,and i have just looked on google's spreadsheets and there are numerous to choose from.

Which is the best one to use and how do you calculate your interest??

[victimnomore]

Have a look in the templates library for spreadsheets (click here)

 

Personally, I would recomend the "simple" version.

 

If you have Excel (MS Office) on your computer use that version. If you don't have Excel but have MS Works then use that version. If you don't have either you can use the OpenOffice version. You can get OpenOffice fo free (click here)

 

The spreadsheet will work out the County Courts Act Section 69 interest (the 8% per annum on each individual charge) for you - but you don't need that till you put in your court claim.

 

Overdraft interst IS claimable from the outset - but only where it relates to overdrafts (or parts of overdraft) caused solely by unlawful charges. The best way to work that out is go through your statements, identify each overdraft interest charge, identify the period it relates to, and then compare your maximum overdraft against the cummulative total of unlawful charges at that time. It sounds complicated - that's why most people don't seem to bother. It's up to you whether you reclaim it or not.

 

Hope this helps.

[joanneando]

Thanks a lot

I don't think i'll bother with the overdraft interest it sounds too complicated for me.

I need to calculate the 8% interest now though as barclays have replied basically saying "well we are not giving you back the full amount so file your claim"

So do I need to have the interest worked out for when i log my claim on moneyclaim??

[victimnomore]

Yes

[joanneando]

thanks for your help,I have managed to work out the interest using the excel sheet it was quite easy once i started

[joanneando]

QUESTION

When filling in money claim form on website when it says at the end to quote about the 8% interest under section 69 of the county court act and says to put in the amount is that the total amount you are claiming back or the total amount of interest??

I'm just a bit confused and its hard going trying to get it all into 1080 characters!!

[Welshman]

Hi. The figure they are looking for there is your interest figure only.

 

Then, right at the very end you put in the daily rate which is your total BEFORE interest multiplied by 0.00022. Mine is £0.45

 

I assume you are using the particulars of claim taken from this site. That will keep you under the 1080 characters.

[joanneando]

Thanks for that,i have followed the particulars of claim from the website but it goes over th 1080 characters.

also what is that figure you are on about (daily rate)? mine is £0.73 when i did your sum but i don't understand what that is for(maybe i'm just thick!!)

one more question ( i know i'm a pain)

If you only have that space to enter your particulars of claim on moneyclaim,how are you supposed to let them have your schedule of charges (mine are nearly 4 pages long!)??

 

P.S THANKS FOR HELPING ME!!

[Welshman]

Firstly, once you get your reference number back from MCOL, add that number to the text at the top of the schedule then post it with the 8% interest added to:

 

Moneyclaim

Northampton County Court

21 - 27 St Katharines's Street

Northampton

NN1 2LH

 

with this one, send a letter referring to it, saying that you have sent a copy to Barclays.

 

Also send a similar letter to Barclays adding that you have sent a copy to MCOL. At the top of their schedule, add the reference they have given you in their letters to you. They do not need to know the MCOL Number.

 

Their address is:

 

Barclays Bank PLC

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP.

 

Now, by editing the red text with your particular figures, here are the Particulars of Claim, which will keep you under the 1080 characters:

 

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 only 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).

[joanneando]

Thank you welshman your thread was a great help!!

[joanneando]

Can someone answer my question

I logged my claim on MCOL on 3/10/06 and Barclays had until today to acknowledge the claim which they did on 17/10/06,it says on the copy of the acknowlegement form Northampton County Court they have 14 days form date of service to enter a defence,is that 14 days from the 3/10/06 (the day i logged the claim) or 14 days from the 17/10/06 (the day they acknowledged the claim)??

 

I am getting slighty confused with dates etc now

Also do I have to do anything with the copy that i have recieved from Northampton or is that just for my records??

 

Thank You in advance for any help

[victimnomore]

Firstly, no, you don't have to do anything with the notice you've received from the court - that's just to inform you what's going on with your case.

 

As I understand it, the dates should work like this;

1. Date of your claim (3/10/06)

2. Date deemed served on defendant = claim date + 5 days (8/10/06)

3. Deadline for acknowledgement = date served + 14 days (22/10/06)

4. Deadline for entering defence = date served + 28 days (5/11/06)

[joanneando]

Nice one victim for clarifying that for me!!

[joanneando]

just to keep my thread up to date i have recieved my court date at liverpool county court for 28 feb 07 hope the bank decides to settle b4 then.

have to get busy getting my bundle together after xmas.

[joanneando]

Just getting my court bundle together following the thread with the court bundle on,just about done but can anyone tell me should i be highlighting specific things in all that LAW stuff (consumer acts etc) of should i just send it as it is with my statements correspondance etc

thanks