Help with my Claim

[stobbsy]

Hi all,

 

1stly a massive thanks to the site and users for all the information provided. You really are helping a massive amount of people.

 

OK, I have started my claim. I sent a letter to get statements, which i recieved.

I calculated all my charges and then sent them the 'Preliminary approach for repayment' letter + schedule. This was on the 4th October, which gives them until 15th October.

 

I recieved a standard letter from them yesterday, saying they have recieved my letter and will get back to me when they can, up to 4 weeks, but longer if need be as they very busy.

 

Now do I respond to this or just leave it for the 14 days then send the next letter ???

 

In the Letter before action , the 1st part reads : I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

 

Do I need to change this sentence as they have in fact sent me a letter as stated above ??

 

Many Thanks for your help

[bearo]

14 days!!! you are sticking to a timetable laid out by you not the bank!! Not your problem if it takes 4 weeks for them to bother replying!

In your letter just add the word satisfactorily after the word respond...and continue as normal....

[stobbsy]

Many Thanks Olliebear,

 

Its now been more than 14 days and I have recieved nothing further. I am no sending 'Letter before action' to Barclays.

 

Fingers crossed they payup !

[Welshman]

Many Thanks Olliebear,

 

Its now been more than 14 days and I have recieved nothing further. I am no sending 'Letter before action' to Barclays.

 

Fingers crossed they payup !

 

It's only been 13 days today if you sent 1st letter on 4th!

[stobbsy]

It's only been 13 days today if you sent 1st letter on 4th!

 

Good point, I'll send it on Thursday morning then !! I'm clealry a little bit too keen !!

[Welshman]

Nothing wrong with being keen. Keeps them on their toes!

[stobbsy]

Hi All !

 

Well, I've been through all the steps now and am ready to start my court claim online.

 

I'm not really understanding this 8% you add on to your claim???

 

I'm claiming £1075, so should I just add 8% to that amount, which would make it £1161 ????

 

In the past I have only asked for what they have charged, I didn't bother with overdraft interest.

From the: Money Claim On-Line (MCOL) Particulars of Claim section.

Claimant claims: (a) return of the amounts debited of £1075; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

I'm really not sure how to fill this in, could some please help me??

 

Many thanks

[Welshman]

First of all, have you been sending the bank copies of the spreadsheet with your charges laid out? This should have been done at the Prelim letter stage and again when you sent the LBA.

 

If so, what spreadsheet did you use?

[stobbsy]

Hi Welshman,

 

I have sent them a schedule twice. It was just a spread sheet I created in excel, with the date and amount the back charged.

Something like this:

 

12/02/2001 £25.00

08/05/2001 £20.00

Etc

Then just had the total at the bottom, which was £1075

 

Was that alright....?

[Welshman]

Did you not use the one supplied on this site? Take a look here . I used the England-Simple-Excel spreadsheet. It does everything for you and works out the interest too.

 

There's a guide to completing it at post #16 here .

[stobbsy]

No I didn't use any spread sheet from this site. I have just tried to get it now, but the link doesn'r work???

 

So what are my options now ??

[Welshman]

I just clicked on the link I provided and it opens up. I'll try posting the link again.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[stobbsy]

Ah cool, just tried it on my home PC and it works!

 

Is this going to be a problem with me not having sent in a full detailed spreadsheet like that, to the banks before this point???

 

If not, would it be better to send the claim by post, rather than online through moneyclaim???

[Welshman]

Is this going to be a problem with me not having sent in a full detailed spreadsheet like that, to the banks before this point???

 

Not in my opinion. But what you must do when you file your claim with MCOL is to now print out the spreadsheet as per the link I gave you earlier with the 8% interest added.

 

The instructions are here:

 

When you fill the spreadsheet in, you overtype what's already there until you've covered all your charges. Dependant on how many entries you have then you may have to add some rows or delete surplus example entries below.

 

All entries you make are in three columns. These being:

 

"In Respect of" – this is where you put the charge description e.g. ‘Paid Referral’ or ‘Unpaids out’, "Amount" and "Date Incurred" – the actual date taken from the statement. At the bottom of the "Amount" column you will see a total. That's the one without interest, and that's the one you use at Prelim Letter and LBA stage.

 

The spreadsheet will have done its own calculations in the other two columns which are entitled "Days since Offence" and "Interest 8% APR". You don't touch those at all. The days since offence column calculates the number of days since the bank made the charge and which appears on your statements up to the day you are viewing the spreadsheet. If you look at one column on two consecutive days, you'll see the totals have gone up by a day. So will the interest.

 

Now at the bottom of the interest column, you will see two totals. The top one is the total Interest @ 8% which is re-calculated automatically by the spreadsheet each day and the larger total below it is the total sum at the bottom of the "Amount" column plus the subtotal at the base of the "Interest" column.

 

When the spreadsheet is produced for the Prelim and LBA stage, it is printed out excluding the last two columns and totals. There are several ways to do this, the easiest being to go to "File" at the top of the page and go across to "Print Area" in the drop down menu then "Set Print Area". Set the area making sure that you include the Total under the "Amount" column but exclude the last two columns. When you need to include the 8% interest in the future, you obviously set the print area to include everything.

 

It will look something like this:

 

 

 

 

Welshman- Claim Number: 00000000

Barclays Bank PLC

Sort Code

Account Number

SCHEDULE OF CLAIM FOR CHARGES PERIOD: 1st September 2001 TO 1st September 2006

In Respect of: Amount Date Incurred Days since offence Interest 8% APR

Paid Referral______£20.00____19/09/2001 ____1854 ___________£8.16

Paid Referral______£20.00____ 20/09/2001____1853___________ £8.15

Unpaid Out _______£30.00____ 24/09/2001___ 1849____________£8.14

Paid Referral______£20.00_____19/10/2000___ 1824___________ £8.03

 

That should sort your spreadsheet out.

 

The addresses you need to send them to are:

 

 

The Addresses you need to send the copies of the schedule are:

 

Barclays Bank PLC

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

 

And for MCOL it’s

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

 

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day. At the top of the one you send to MCOL, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

 

Now, going back to one of your earlier questions about how to fill in the POC on MCOL. Here's mine. You need to edit it obviously to reflect your claim:

 

Go to https://www.moneyclaim.gov.uk/csmco2/index.jsp and register with them.

 

Fill in the forms which are quite straightforward and in the particulars of claim, the text I used was:

 

"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 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).

 

Tick No for Human Rights Issues.

 

Let me know that this sorts your problems out.

[stobbsy]

Hi Welshman,

 

I can't thank you enough for all you help, its been amazing - Thank You!

 

I've sorted the spread sheet now and am just writing up the letters to go with the schedule to both the bank and MCOL.

 

This is what I have drafted for the bank:

 

Barclays Bank PLC

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

 

Ref: 1******

 

RE: Full Schedule of Bank Charges

 

To whom it may concern

 

I have included with this letter a full schedule of the bank charges that I will be claiming against you. Also added to this is the 8% interest under s.69 of the County Courts Act 1984 from the date you first started charging me.

I have also sent the same copy to the Court Manager at Money Claim Online.

Many thanks

 

 

 

Does that sound alright ??

For the MCOL one I will write:

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Ref: *******

RE: Full Schedule of Bank Charges

 

To whom it may concern

 

I have included with this letter a full schedule of the bank charges that I will be claiming against Barclays bank as per my claim { insert Claim No.}. Also added to this is the 8% interest under s.69 of the County Courts Act 1984 from the date they first started charging me.

I have also sent the same copy to the Litigation and Disputes Team at Barclays bank.

Many thanks

[Welshman]

Sounds good to me. Carry on

[stobbsy]

Got a problem…………..

I thought I would just recheck all my statements to make sure I had the dates correct before sending off the new Schedules.

Well I have noticed two dates that were incorrect and another 2 items that’s were the wrong amounts. Both were £5 more then I original put down. Since going though it all again I have also found an extra 3 charges.

Am I able to add these extra charges in now and is there a problem with me changing the 2 dates and the 2 amounts of the existing charges? Or do I have to stick to what I have already sent then in the original schedule ????

I’m not sure where I stand here

[Welshman]

Got a problem…………..

Provided you havn't yet filed your claim, follow the red print

 

I thought I would just recheck all my statements to make sure I had the dates correct before sending off the new Schedules. Sorry, but you should have done that before you started.

Well I have noticed two dates that were incorrect amend them now and another 2 items that’s were the wrong amounts again, amend them now. Both were £5 more then I original put down. Since going though it all again I have also found an extra 3 charges add them now.

 

Am I able to add these extra charges in now and is there a problem with me changing the 2 dates and the 2 amounts of the existing charges? Or do I have to stick to what I have already sent then in the original schedule ????

I’m not sure where I stand here

 

If you have filed already, post here again please.

[stobbsy]

Thanks Welshman,

 

I havn't filed anything yet....

 

So from your post above, I can just add the new ones I've found into the Schedule I'm sending to the bank and MCOL. When I file with MCOL, I just state the new total, even though it is more than I have previously asked Barclays for leading up to this point ?

[Welshman]

Yes. But, get someone to sit with you for 5 minutes. One of you read through the statements and the other to confirm one-by-one that each date, reason for charge and amount are exact. Make sure that your figures are the same on the MCOL claim.

 

Then you carry on as originally planned.

[stobbsy]

Thanks, I will def get someone to help me check the everything. Prep school error on my part!!

 

One more question!!

Should I mention in the letters I send that I have changed the schedule from the original I sent out, or should I just send the new schedule?

 

Many thanks again ;-)

[Welshman]

No. Just send the amended schedule once it's double checked.

 

Good Luck

[stobbsy]

Hi All,

 

Barclays put a defence in!

 

I am now filling in my Allocation questionaire and ready to send off. I also have to send in £100, which I will do by postal order.

 

Am I correct in making it out to HMCS ?

On the back I will give my name and Claim No. ?

 

Almost there now