Jon Vs Barclays (An unexpected start)

[daniej1]

Hi all! I have been using this site and forums for a while, mainly for researching into the process of claiming back unfair bank charges and have found this an absolute fantastic resource, its good to hear all of you are having mainly positive outcomes from this.

 

Ok, to tell you about my start in all this. I wrote to Barclays Bank Head Office requesting details of my charges over the last 6 years under the DPA at the beginning of September. I soon, within a matter of days, recieved a confirmation letter from Barlcays informing me they have recieved my letter and will issue a reply within the 40 days specified within the letter. No surprise but Barclays have taken nearly the whole amount of time to get back to me with a surprising letter. I recieved what looks to be a standard letter saying how sorry they are I feel my charges are unlawful and that they are not acting unlegally but will offer me £950 as a goodwill gesture for a final settlement of my case. Now why is this a surprise? Because I have no information as to how much I have been charged yet and haven't made any claim to them yet, just simply asking for the details under the DPA. So, it makes me wonder why I have been sent this. Are they simply trying to close this case before it gets started knowing that my potential claim is much more than that (which I don't know the figure yet) or that this is just a new process of dealing with all potential claims? I am in a dilema what to do next. I know that over the years, Barclays have charged me an absolute fortune and in definate excess of the figure their trying to settle me with! Let me make this clear, they have just sent a letter with attaching form for me to sign and send back, no cheque. Now, at the moment, that £950 would sort out my arrears on my account and could help me out of a financial difficulty at the moment. However, I am debating holding out to see what I am actually owed. I can either respond in 2 ways, either accept their offer or ask seeking the DPA information as requested however, I am unaware of any templates for a response like this would need. Its no problem, I can do this on my own back but I found this an interesting start to my claim. Any advice would be good. I would like to continue although I do owe the bank money at the moment which they are putting pressure on me to pay back.

 

Also, a question which I haven't found an answer to yet, when I total the amount I have been charged over the 6 years. Do I claim the actual total figure, or a figure of anything over the £12 lawful charge?

 

Many thanks with your help.

 

Jon.

[nevergiveup]

Hi Jon

Very simala experience, i sent off letter to Barclays also with no idea of claim etc but received a letter (standard Barclays to the comma) saying sorry this etc but offering £550 in full and final, etc etc. I asked for my statements and received all complete today plus my tenner back. I totalled up al the charges from 6 years back from my letter (so August 24 2000) and its a whopping £2440 this is the actual figure, dont mess about with the £12 split, and remember the intrest to add on. I am just composing a leter now to accept the £550 in part settlement of my claim of £2440 plus interest. I am only very very new to this site ( aweek or so) but it is very very helpful. I have my teeth into others

Never !!

[daniej1]

So it would seem that if your settlement offer was £550, perhaps they have are issueing these with an idea of whats been charged to the account. I must have been charged around £5000 over the years I think. Whats the limit on small claims? If my amount is over the limit, what action should I take? Can I take it your claim is for every charge incurred? How comes your allowed to claim the full amount charged? Surely a portion of it is Legal.

[nevergiveup]

I believe the limit to be £5000 in small claims court BUT you cann add interest to that figure and i also understand that you can SPLIT your claim, therefore if you belive your bank owes you say £6500 split it 50/50 or £5000 and £1500, i think the latter, i am new here and there are many peeps on here who far better qualified than me, however I am determined i will GET MY £££ BACK, IVE PROMISED MY GIRLFRIEND A WEEKEND AWAY ON bARCLAYS I AM VERY HAPPY they have been holding my £ for the last 6 years, Me sarcastic?

[nevergiveup]

It is up to your bank to prove the charges are appropriate, who says £12 is ? who says £30 is until the banks come clean and say what it cost them then we have the right to challenge, so GO for it Believe me the banks are already fighting back and writing into the agrements that they will charge this for that etc etc But they still have to prove it is fair!

 

Nevergiveup

[victimnomore]

It's important at this early stage not to jump ahead. Take it one step at a time. The only reason Barclays are making any offer is to kill off your claim and keep it out of the court. If they're this rattled this early on, just think how they're going to react once you start getting tough!

 

Wait for them to comply (or not!) with your DPA request, then respond accordingly.

 

I know the £950 is tempting (I've just turned down £1000 - never thought I'd do that!!), but unless you give up, in writing, your rights to the rest of YOUR money that they've taken their next step will be to withdraw that offer.

[nevergiveup]

Hiya victimnomore. well I have spent the day going back through all my ststements rec yesterday and found another £55! so the sum i am now seeking is £2495. I have written (just a draught copy not yet sent|)to C mournsey at churchill place(my contact person) I have once again demanded MY MONEY BACK £2495, Having totalled up the charges from statements provided. Giveing her 14 days to reply with a suitable answer. I also accepted the £550 but only in PART settlement of my claim of 2495 How wud they want me to provide proof of the charges there are exactly 100 charges on almost 60 sheets of paper do i have to detail every one? or can i send copies of statements?. Any advice i cant see anything on the FAQ ? Cheers all NEVER GIVE UP

[daniej1]

What would be the correct way to respond to this now then?

[victimnomore]

You don't need to send them a list at this stage. Barclays know EXACTLY what they've charged you.

 

But you might find it useful to draw up a list of the charges you're claiming, you WILL need it later, when you will need a "schedule of charges" to back up a court claim. And you'll find it very useful to refer to (updating as necessary) during the "campaign".

 

The best way is to enter all the charges you're claiming back onto a spreadsheet which you can get here. It'll calculate totals and, at the court claim stage, interest.