Jodiekate v Barclays ***WON***

[Jodiekate]

I have been at this for the last few months and have gone through the usual thing of getting statements and asking for my money back (approx £3,500) I sent them a letter before court action last week and got this reply today;

 

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers in line with the banking code.

 

Despite my comments above in relation to your views, on this occassion, and without any admissions of liability, I am willing to offer the sum of £1000 towards the total amount you are seeking> this is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in full and final settlement of your complaint. If you would like to accept my offer please sign and return the enclosed form in the pre paid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of receipt of acceptance at this office.

 

If you wish to discuss this letter, or you feel there are further issues I need to consider, please contact me on 020 7116 4561, or on our freephone number 0800 282 390. If you are dissatisfied with my proposal for reolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.

 

In accordance with our standard practice, if I do not hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours Sincerely

Rose Frimet

Customer Relations Manager

 

Can anyone tell me if this is a standard letter to try to stop me taking this further, should I accept this or keep going for the full amount.

 

Also if I do take this to Moneyclaim do I still need to reply to this letter telling them that this is what I will be doing?

 

I would really appreciate any advice on this.

 

Thanks

 

Jodie:confused:

[miski1969]

Apart from the amount & the name of the customer relations manager (Carole Mounsey for me) that is word for word the same letter I received today.

[sarahwarren]

Don't Panic! :o

 

This is exactly the same letter as I received back in July.

 

 

Say something in your letter of reply along the lines of:

"you will accept the £1k as part payment and part payment only as their offer is conditional and you do not agree to their conditions."

 

They will probably withdraw their offer then as you haven't accepted, so proceed as normal with the full amount through the courts.

 

 

Keep going...you are getting nearer!!!!

 

Sarah

[Boobaby]

Can anyone tell me if this is a standard letter to try to stop me taking this further, should I accept this or keep going for the full amount.

 

Also if I do take this to Moneyclaim do I still need to reply to this letter telling them that this is what I will be doing?

 

I would really appreciate any advice on this.

 

Thanks

Jodie:confused:

Standard blah, blah letter!! The choice is yours :

 

1. you can ignore the letter and when the 14 days are up from LBA then continue with the MCOL or

2. Accept this as a partial settlement - using the following letter

 

Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Library Rejection of settlement offer

 

and then follow up with MCOL (after the 14 days from LBA).

 

Hope this helps!

Boo

[Jodiekate]

I sent a letter to say I would accept their offer as a partial settlement and started my claim via Moneyclaim at the weekend, I had notification from them that this had been served on the 9th October. This morning I received the following letter from Barclays and I am beginning to wonder if I am doing the right thing.

 

I am sorry you remain unhappy following our response to your complaint and note that whilst you are accepting the amount offered, you will be seeking the balance offered through the County 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 £1000 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 £1000, please sign and return the acceptance form enclosed with our letter of 27 September. If you do not wish to accept our offer in full and final settlement, it would appear we are unable to reach a mutually acceptable resolution.

 

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

 

Yours sincerely

 

Jackie Walter

Customer Relations Manager

 

Is this just another standard letter? I had thought that they might make me another slightly higher offer. As I have said I have already started the Moneyclaim process but am just looking for a bit of reassurance.

 

Thanks

[Thailand]

I had the same two letters word for word. Don't worry about it - it just means the offer is still open. I say sit back and wait for Barclays to defend,

 

HTH

[miski1969]

We seem to be on the same schedule as I received the same letter today & the same letter as you did in your oroiginal post on this thread.

 

It's basically a game of chicken & they are hoping you twitch first.

[Jodiekate]

i submitted my claim via Moneyclaim 2 weeks ago today, can anyone tell me how I can now check what stage this is up to?

[jendoc]

Hi..Jodiekate....Log back onto the money claim site to see if the claim has been acknowledged yet by the defendants solicitors! It will show if the defendant has acknowledged the claim or if the claim is being defended, in which case the defendant gets a further 28 days to file a defence and you will be sent an Allocation Questionair to fill in together with a copy of the details of the defence.! If your claim has not been acknowledge by the defendant 14 days after the claim was deemed served on them, then you can request 'Judgment' via the money claim site! If you check your 'Notice of Issue' from the court, it will show the actual date that they deemed the notice served and the final date for a reply.

 

Jendoc

[Jodiekate]

I have received a copy of Barclays defence and it reads as follows:

 

• The particulars of claim do not provide details of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.
  
• The defendant’s standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his/her overdraft limit).
  
• If and to the extent it is the claimant’s case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his/her account and were consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.
  
• Accordingly, it is denies that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (Particularly, but without limitation to, paragraph 1(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).
  
• Therefore, it is denied that the charges were unlawfully debited from the account.
  
• If and to the extent the claimant incurred charges on his/her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility and/or his/her failure to make payments to bring the balance of the account back into credit.
  
• It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same. Accordingly, the claimant is not entitled to a declaration by the court as to the enforceability of the said charges.
  
• The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted by the claimant to have been applied to the account prior to 09 October 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the Limitation Act 1980.
  
• In the alternative, and without prejudice to paragraph 6 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, the defendant has nonetheless suffered loss and damage as a consequence of the claimants breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 2 to 3 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

 

Is there anything in here I should be worried about?

[Jodiekate]

Any advice would really be appreciated

[vinnyk67]

all your letters are the same as i have had back so dont worry

as far as i no you will now get a letter from the court with a date and asking you for proof of your claim ie statemants ect

a date will then be set for you to go court

[Welshman]

Nothing to worry about Jodiekate. It's a very standard defence. You're doing everything just right.

 

When you send in the Allocation Questionnaire, remember to attach another copy of your Schedule of Charges which include the 8% Interest.

[Jodiekate]

Thanks everyone, also what info do I need to fill in on section G of the allocation questionaire?

[Jodiekate]

Also, I have seen the basic court bundle and will attach my list of charges again but is there anything else I need to include?

[Jodiekate]

Can anyone help me out with this please as I wanted to try to get the stuff in the post tomorrow

[Welshman]

Thanks everyone, also what info do I need to fill in on section G of the allocation questionaire?

 

Hi. This is what I put in Section G:

 

"I am respectfully requesting my claim be heard via the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You will have to print it quite small to fit it all in.

Just add your schedule + 8% with your AQ and you're done. With the amount of claim you have, it will cost you £100 unless you have an exemption.

Good Luck.

[Jodiekate]

Thanks Welshman, so do I not need to include the rest of what is in the court bundle at this stage. Sorry if I'm being really dim but just want to make sure I egt everything right.

[Welshman]

Thanks Welshman, so do I not need to include the rest of what is in the court bundle at this stage. Sorry if I'm being really dim but just want to make sure I egt everything right.

 

No. Just what I've mentioned in my last post to you.

[Jodiekate]

Not posted any info for a while but just thought I would keep everyone up to date with what has been going on. I received a letter just over a week ago from the court telling me that my court date would be 5th March 2007. Wasn't that impressed as had been hoping for sooner but not a lot you can do about that.

 

I was going to spend some time getting my court bundle together over the Christmas break as my documentation all needed to be in by 10th January.

 

But now the best bit - I came home from work early today as it is the last day before Christmas and found a letter waiting for me from Barclays saying that they would give me a full settlement!!

 

I really wasn't expecting this, thought I would have to wait until just before the court date until I got my money but it appears Barclays are finally relaising that they aren't going to win!! the letter I received is as follows;

 

As you will have seen from our defence, we consider that your claim lacks merit and that it will fail. In particular we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do, however, recognise that the sum at issue between us is relatively modest and as such it is not cost effective for either party to take this matter to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs totalling £3,799.73 subject to the terms set out in this letter.

 

This offer to pay £3799.73 is in full and final settlement of your claim and is strictly without any admission of liability on our part. By accepting this offer, you also agree that the existence and the terms of this offer are confidential between us.

 

If you agree to the terms of this letter, please sign and return a copy of this letter to me at the above address, within the next 7 days. You will also need to notify the County Court, in writing, that you have discontinued your claim against us. Please forward a copy of your letter to the court when you return a signed copy of this letter to us.

 

Payment to be made to your Barclays account.

 

Should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

 

Please feel free to contact me with any queries on 0207 116 5634

 

I look forward to hearing from you.

 

Yours Sincerely

 

Temilope Fatogun

Legal Clerk

 

The amount mentioned, £3799.73 works out to be the total of my claim plus interest and court costs so needless to say I am very happy! I have fired of aa couple of emails to Temilope saying that I won't accept the confidentiality clause and will send a copy of the letter which I will be sending to the court once the funds are in my account.

 

She has replied saying that this is fine and that due to it being Christmas the money can only be guaranteed to be in my account 3 working days after they receive my form.

 

I couldn't have got a better Christmas present and I couldn't have done it without the help of people on this site so thank you all and have a great Christmas, I know I will!!!!!!!!!!!!!

[Thailand]

Wooohoooo!!!

[Laineybelle]

Congratulations, that seems quite an early settlement seeing as your court date wasn't until March.

 

Have a good Christmas!!

 

Laineybelle

[Welshman]

Excellent news - Congratulations

 

Have a lovely Christmas and now a Healthy and PROSPEROUS New Year.

 

Will arrange your thread title in changed to ***WON***

[zootscoot]

Congratulations!!!!!!!!

:D

Don't forget to fill out the survey

Enjoy your payout!

[kippy2]

congratulations... :D ..barclays/woolwich seem to be playing ball alot earlier now...thank god! unlike mine they settled on the day!:o

 

have a merry xmas