Barclays Claim-Received "I'm sorry" letter. What now?

[lkjmn]

Hi there,

 

This is my first post on this or any other forum and I'm hoping I'm posting in the correct place.

 

Here are the details of my progress:

 

Requested copy statements 12/9/2006. Had my £10 cheque returned with my statments which I recieved 27/9/2006.

 

Sent Initial request for full reimbursement of unfair charges plus interest on 28/9/2006. Total charges £2095 plus 204.29 interest. Used the template letters and the spreadsheet found on this site. (Great help, wouldn't know where to start otherwise). I gave the Bank 14 days from the letter date to reply "positively". Meaning I must send the second letter on the 12/10/2006 (I have it circled on my calendar).

 

6/10/2006 received letter from Mike Brophy at Barclays saying, "I am sorry you are unhappy with the charges etc.........We will endeavour to get back to you in the timescale you stated (i.e. two weeks) but cant guarantee it. We aim to find a solution within 4 weeks but if we are unable to do so, we will write to you explaining what is happening. A full report or an update on our progress will be sent to you within 8 weeks. There was a leaflet enclosed and also a telephone number to call if I wanted to discuss the matter.

 

So that's the state of play at the moment. I won't be calling them. I know blueskies had some success doing so but that's not for me. More of the strong silent type. I will be sending the second letter this Thursday 12/10/2006. Is this the correct course of action? Reading other threads, the best advice seems to be to ignore the Banks "fobbing off" letter and proceed with the claim in the timescale outlined by me.

 

Any advice would be greatly appreciated

[hamekuedi]

Hi, i recived the same latter from mike today...(he must be signing a whole lot of those ) i sent off my letter before action letter last week and thats the response i received.

 

Basically...thats there problem if they are going to take 8 weeks. Im keeping to my timescale (14 days from date of LBA letter), which means in my case they have untill 20th oct to settle. If not (which i doubt they will) i will be filling out my money claim online form.

 

You seem to be on the right track.

 

they have 14 days to respond to initial request to pay up....if they fail

send them letter before action (14 days to respond)

if they still fail....start your court claim

 

hope that helps

 

Harriet:)

[Thailand]

Okay, you shouldn't have included the interest at that point, but don't worry. Send your LBA tomorrow without it.

 

HTH

[lkjmn]

Do I sent the interst calculation with the LBA? And why should I have not sent it with my first letter? Bit late now I suppose.Oops

[lkjmn]

Oh, and thanks to Harriet. Always nice to hear from someone in the same position as yourself.No jokes please. Keep me posted on how you get on.

[Thailand]

I'm assuming you included the 8% interest, this doesn't become claimable until the court stage - but don't worry in the end you'll get your cash. I would send your LBA with list of charges and minus the interest.

[livelylad]

Do I sent the interst calculation with the LBA? And why should I have not sent it with my first letter? Bit late now I suppose.Oops

 

 

you cant claim the 8% standard interest until the MCol stage. You can however claim contractual interest on you first letter.

[lkjmn]

Darn it!! I really wanted to look like I knew what I was doing to. Should have started posting on here earlier methinks. So, send LBA tomorrow with schedule of charges but no interest. By the way, contractual interest?

[Thailand]

IMHO its very complicated (its basically reclaiming the interest they charged you whilst overdrawn, then working out the %age of that amount that was caused by thier unlawful charges) then you have to work out thier rate, when it was incurred and for what period of time etc etc. I would stick to statuatory interest (8%) but it is up to you!

[lkjmn]

Hi Y'all, just about to send my LBA. Here is what I wrote:

 

Thank you for your letter dated the 4 October 2006. However, the amount of time that you are requesting in order to review my case is not satisfactory.

As stated in my previous letter. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £2,095.00 in ”paid referral” and “unpaid outs” fees

.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 28 September 2006

 

I require repayment in full of this money and If you do not comply fully within 14 days (by the 27/10/2006) then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

So, is that okay? Will be sending it lunch time special delivery. Should I make any changes/additions before it goes?

[Thailand]

Looks fine to me, recorded delivery will more than suffice though

[lkjmn]

Why is the font shrinking on my last post. Weird. Anyway thanks Thai you've been a great help so far. Hopefully should have some good news within the next couple of weeks. Or I'll be asking you for help on how to fill in the moneyclaim forms. Heh.

[Thailand]

Why is the font shrinking on my last post. Weird. Anyway thanks Thai you've been a great help so far. Hopefully should have some good news within the next couple of weeks. Or I'll be asking you for help on how to fill in the moneyclaim forms. Heh.

 

Don't know about the font?! Barclays are sh*ts and I'm 99% sure you'll have to MCOL thier ass*s, you'll get all the help you need and thats when you can claim all that loverly interest:lol:

[lkjmn]

Mwaahahahhahahahahah. (Dr. Evil style laugh). Whot does MCOL stand for? there are a lot abbr. around here that I just don't understand.

 

Okay one more time.

 

Mwahahahahahahahahah.

[Thailand]

*rubs hands with evil glee*!!

 

Check out abbreviations HERE

 

MCOL = Money claim on line,

 

T

 

And you are guilty as charged for not reading the FAQ's!

[victimnomore]

Re "shrinking font"

 

It's because, I assume, you copied and pasted the text from somewhere else on your computer - and it copied the font style along with the text.

 

If you want to avoid this, simply highlight the text and click the "Remove Text Formatting" icon at the top left of the reply box. Or, for full control over the font, click the "Go Advanced" button and you can choose your font and size preferences. (standard is Verdana Size 2)

[lkjmn]

Thanks Victimnomore. You were correct in your assumption. I did cut and paste from word. Although I don't think I'll change it. I quite like the thought of people getting closer and closer to the screen as read my post. lol

[victimnomore]

Oh,

do

you

now?

But, of course,

you can take it too far you know!!!!!!

he he he he

[lkjmn]

nice.

[lkjmn]

Still no word from the Bank. Am I right thinking that I don't have to contact them again? I said in my last letter that court proceedings would commence on the 27.10.2006. Should I write again saying that I have started the court proceedings? Seems like it would show weakness/hesitance on my part if I did.

[hamekuedi]

I wouldnt wirte them again, you have already told them that you would take court action in your last letter. I did my MCOL on the 20th, quite looking forward to see what they have to say, if anything at all lol

[Thailand]

When you start court proceedings, the court/MCOL will let them know for you

[lkjmn]

Currently filling in the MCOL. What should i write in the particulars of claim section on page 5?

[lkjmn]

D'oh!! It's okay I've found it. Should really search the site before asking "silly" questions.

[lkjmn]

Well whadya know. Get home from work on Friday evening and there's a letter waiting from barclays, it reads:

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your carrespondence 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 Term 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 obligation to us. If we make any changes to that Terms and conditions, we provide details of these changes to our customers in line with the banking code. Details of our terms and conditions, along with our charging tariff, can be obtained at any of our branches, or via our internet site.

 

Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £720 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 your acceptance at this office.

 

If you wish to discuss this letter, or if you feel there are further iisues I need consider, please contact me on...........If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.

 

The leaflet sent with our letter 2/10/06 explains our complaints process and provides details regarding the Financial Ombudsman Service.

 

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

 

Yours

 

 

Katie Tyrie

 

One small problem though. I've already filed my MCOL, Ooops. I did it friday afternoon. I wouldn't have accepted the offer anyway but would have taken it as part settlement.

 

So what now? Do I have to contact them again? They'll be notified by the court that I'm proceeding with my claim for the full amount so maybe a letter from me saying "thanks, but no thanks"?