Hackers75 VS Barclays

[Hackers75]

Hello, I was redirected here from the Martin Lewis Website (I heard him talking about this on Radio 2 a few weeks back). What a wicked site. I feel very motivated reading other people's cases.

 

So here is my story so far...

6th October - Sent a letter to Barclays asking for details of all my statements going back 6 years.

12th October - received all my statements (but in a different format to normal)

16-20th October - Read through the website

20th October - Preparing to send my prelim letter claiming £2000 plus £381.63 overdraft interest

 

I hope someone can help me...I have used The Vampiress Google spreadsheet to calculate the overdraft interest but mine seems quite a high amount to claim in comparison to other threads I have read...I have redone it twice but still get the same figure am I doing something wrong.

[thewifeandI]

Hi - it depends on the spreadsheet you are using (compound contractual, or standard interest) and when the bulk of of your charges occurred. The more recent ones will have less interest than older ones. It's not easy to give an average figure as everyone's circumstances are different. £381 on £2000 doesn't sound excessive to me.

[Hackers75]

Thank you for your help. Much appreciated.

I shall start the same process with Lloyds, Marbles, Mint, Tesco and MBNA!!

[Hackers75]

I received the standard letter from Mike Brophy "...I am sorry your unhappy...A full report or an update on our progress will be sent to you within eight weeks..."

 

Preparing the LBA letter (for posting on Friday). Bring it on Barclays, I look forward to having my money back and buying my wife something nice (after making a donation to you guys!)

[breadline]

Hi hacker could you start threads for all your claims in the main section linked at the base of this post " list of banks" thats were all the members are, you are still in the welcome section

 

Good Luck

BL:)

[Hackers75]

Yes sure, how do I do that? Sorry not very technically savy!

[Hackers75]

Hello, I was redirected here from the Martin Lewis Website (I heard him talking about this on Radio 2 a few weeks back). What a wicked site. I feel very motivated reading other people's cases.

 

So here is my story so far...

6th October - Sent a letter to Barclays asking for details of all my statements going back 6 years.

12th October - received all my statements (but in a different format to normal)

16-20th October - Read through the website

20th October - Preparing to send my prelim letter claiming £2000 plus £381.63 overdraft interest

 

I hope someone can help me...I have used The Vampiress Google spreadsheet to calculate the overdraft interest but mine seems quite a high amount to claim in comparison to other threads I have read...I have redone it twice but still get the same figure am I doing something wrong.

Last edited by Hackers75 : 31st October 2006 at 17:20.

 

 

Re: Hackers75 VS Barclays

 

 

Hi - it depends on the spreadsheet you are using (compound contractual, or standard interest) and when the bulk of of your charges occurred. The more recent ones will have less interest than older ones. It's not easy to give an average figure as everyone's circumstances are different. £381 on £2000 doesn't sound excessive to me.

 

 

Re: Hackers75 VS Barclays

 

 

I received the standard letter from Mike Brophy "...I am sorry your unhappy...A full report or an update on our progress will be sent to you within eight weeks..."

 

 

Preparing the LBA letter (for posting on Friday). Bring it on Barclays, I look forward to having my money back and buying my wife something nice (after making a donation to you guys!)

[Hackers75]

Received a goodwill offer of £990 (less than half of what I'm due). Pah!!! Too little too late. Going to send them a letter saying I will accept this as a partial payment and they have 7 days to pay me the remainder or I shall take court action with no further notice.

 

Please can someone confirm this is the right thing to do?

[Hackers75]

Reference xxxxx

Account Number xxxx

Sort Code xxxxxx

With reference to the above, and to your letter dated 13 November 2006. I wish to thank you for your offer of £980 in respect of bank charges levied over the last six years on my account. I will be happy to accept this offer as an interim payment (not Full and Final Payment), but wish to inform Barclays that I require the outstanding balance of £1020 to be paid within 7 days.

I require repayment in full of this money. If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Any amendments needed???

[Hackers75]

Should I sent this to the Churchill PLace address or the Swansea address (which was the one at the top of the goodwill letter)?

[austenpowers]

Don't think it matters Hackers. But as I said earlier, stick with it and you can have all your money back instead of just some of it.

 

Good luck!

[Hackers75]

I have submitted my Mcol today :

 

The Claimant has an account xxxxxx with

the Defendant, opened July 1990 2. Since

12/11/99 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £2000; (b) Interest per

S.69 County Courts Act 1984 of 8% -

£732.28 continuing at 8% until judgment or

settlement at a daily rate of £0.44; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982.7. Costs allowed by the

Court.

 

Does this look right? I would be very grateful if someone can confirm and reassure me that all I have to do now is sit back and wait for Barclays to acknowledge the claim?

[Welshman]

I respectfully suggest that you ask whether a certain text is OK BEFORE you submit it because it seems like putting the cart before the horse asking for reassurance now.

 

My POC 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).

[Hackers75]

Point taken Welshman thank you

[Hackers75]

Nightmare!!! Barclays acknowledged my claim yesterday (14th day is today). Then I re-read my particulars of claim and realised I had made a mistake. I forgot to include the interest in the Amount claimed box so I was claiming £2000 instead of £2732. Also notice that I was claiming charges back to 1999. Called Northampton County court and spoke to a very helpful lady who told me I need to fill in another N1 form send them a cheque for £35 (payable to HMCS) and complete a N244. Please can someone help me with the N244 form http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Thank you very much in advance and I realise that I am a muppet!!!!!!!!

[Hackers75]

I have received a court date on 12 MARCH 2007!!!!!

 

Please can someone direct me to the basic court bundle and explain what I have to do?

[Falcom]

Basic Court Bundle is here:http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

 

Along with the hearing date the Judge will probably have provided directions such as documents to be submitted and deadlines to be met eg all evidence to be submitted to courts and defendant 14 days before hearing etc.

 

Peter

[Hackers75]

Thanks Falcom - do you know which bits I need to tailor?

[wildcat77]

I have received a court date on 12 MARCH 2007!!!!!

 

That's pretty quick - where do you live? Which court. Mine's apparently booked up until May.

[Hackers75]

I live in Bath but its gone to Bristol court!

[Falcom]

I agree that the court date is very quick - some people are getting dates for June! Check the letter again is it a full hearing or a prelim. If your not sure post the content of the letter here and someone will advise.

 

As for the Bundle don't panic!! It is not as mind blowing as you first think!

 

You should already have your schedule of charges, statements and all the correspondence - well thats the main part of it.

 

Print off a copy of the Bundle from the templates on here and have a look through it is made up of several sections. I copied each section into a new word document and then printed them off seperately.

 

Once you have every thing (as per the list of documents as shown on the first page of the bundle template) put everything in the correct order in a ringbinder or similar and number each page (this can be done by hand).

 

Once everything is numbered type up a list of contents with page numbers, add a cover page. Then off to the photocopier and make two copies and the jobs done. But dont leave it until the last minute or your will run out of ink in your printer or get or your pages in the wrong order. I did mine in the office on a Sunday so I wasnt disturbed.

 

Send me a PM if you need any help.

 

Peter

[MARTIN3030]

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