mikejames1 vs barclays (already getting somewhere...)

[mikejames1]

hi everyone

i sent off a request for £2,235.00 in charges on 15th September

i received confirmation of receipt & barclays would respond before 16th Oct

barclays came back stating they would offer £1,000 as compensation against my claim along with all the usual talk of them stating they are right & so on

I wish to proceed and continue however I have the below problems

1) i have not calculated the APR which on now checking would push my claim up to £2,742.37 (roughly using the calculator kindly created here online in spreadsheet form). I would like to claim for this and do actually remember being told at initial claim not to include this anyway in teh step by step approach here

2) i have honestly tried to look through but am a bit stuck on what approach to take in terms of response, i think the next response is court isn't it however wouldn't mind some clarification or direction here if posible & would be greatly appreciated

[Welshman]

Did you follow the guidelines in this site?

 

After your first letter, it would have given them 14 days. By the 29th of September, you should have sent the LBA here giving them another 14 days. Then, on the 13th of October, filed at court unless you had received a full settlement offer.

 

The spreadsheet I used was the England - Simple - Excel which calculates the interest for you. You do not include THIS interest until you file at court.

 

Is this what you were looking for?

[mikejames1]

i sent the letter in your link which did state 14 days however barclays came back with a response stating the would respond by 16th October so I considered that fair

 

they then responded on that date offering me £1,000 so am now wondering which step to take

 

thanks for calrification on the APR, I thought I had followed that part correctly.

 

I guess now I am looking for either

 

a) a return letter to barclays not accepting their offer

 

or

 

b) straight to the court claims part

 

?

[jendoc]

Hi......the rejection letter template is here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html keep to your own time-scale on this and continue with your claim proceedure.The FAQ section has invaluble info regarding any queries you may have.

 

jendoc

[mikejames1]

thank you

 

i have one small problem though

 

barclays sent me a letter stating they would respond by 16th October & I considered that fine so have slipped from my original dates which were:

 

15th Sept 2006 LBA

29th Sept 2006 response by (which was met)

13th Oct 2006 action to take place

 

because i left a return date as an OK from them & they met their deadline of 16th October, Iam now a bit confused on what to put in the below paragraph of my decline letter for the full & final offer?

 

Acual paragraph:

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

My paragraph?

My letter before action sent previously indicates that you had until 13/10/2006 to respond before Court action commenced. On the basis that you made a timescale for response & kept to this I can allow a further 14 days to now respond before Court action is commenced.

 

Will this do?

[bigstuff1000]

Hi mike,

 

Personally I'd say you were being too lenient with them. If they've kept to their time frames and you to yours and you are now at the stage of filing for court action,as I am,get on it as soon as you can.

 

Hope this helps and good luck,;-)

[Welshman]

Mike, bigstuff's correct. It comes across that you are a Mr Nice Guy.

 

If you had read the threads here where we share our experiences with Barclays, you will know that they will extend YOUR timescale as far as they can. Claimants still do not benefit when you do. They don't give you extra time before they take their "paid referrals" and "Unpaids Out" from your account do they? They do it to their timescales.

 

It's been mentioned by me and many others here, stick to the tried and tested methods as outlined here and don't be tempted to cut corners.

 

Mike it's time to be No More Mr Nice Guy!

[mikejames1]

I completely agree and in hindsight would change the way i approached it however looking at my current state I am looking for advice on how to proceed now against Barclays, considering I have passed m own timescale so in teh decline letter am not sure what to say that's all.

[Welshman]

Hi Mike. If you've sent the LBA, it gives them 14 days to respond or you take court action. That letter tells them the consequences in no uncertain terms.

 

My advice is that you have given them more than enough time and that you file as soon as possible.

 

The decision is ultimately yours.

 

I would use your first paragraph:

 

Acual paragraph:

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

Good Luck in whatever you decide.

[bigstuff1000]

Mike,

 

If I'm understanding you correctly,you've received the standard "goodwill" offer and are in possession of the letter with the acceptance form attached. Please feel free to correct me if im wrong.

If this is the case then I sent the form back,SIGNED,and along with it a letter saying that i would accept their offer but not in full and final settlement and would continue to pursue my claim for the whole amount and consider their offer only as an interim payment.

 

Once again if this is not the case please update me with the exact stage you are up to.

 

If you read my thread, Bigstuff v Barclays, you'll see all i've written and all the advice i've been given.

[michelle73]

Just keep reading and you won't go far wrong!!! I had a few moments when I thought "oh bless, they are so helpful" and then I have a moment of clarity and I think, bug*er, if it wasn't for them I wouldn't be doing this anyway!! Good luck and keep going, oh, and er.... click the scales!!!:grin:

[Welshman]

I just sent a rejection letter to them and have still got the offer letter. It's in my court bundle as it, and the letter that accompanied it was not marked "without prejudice".

 

As michelle quite correctly pointed out, we are here to help you through this.

[mikejames1]

just a quick one before I send teh letter away.

 

i will go with the actual paragraph & outright refuse what they are offering

 

because they are past my deadline to settle in full I should also go ahead and proceed with court claims

 

i think i may as well because otherwise all barclays will do is too & fro back & forth I presume

[Welshman]

Here's the rejection-letter and, yes, go ahead and file once they've exhausted your 14 day LBA time limit.

[mikejames1]

shoot me for leaving this but need urgent help!!

 

(sorry)

 

was going to send off my rejection letter however it does not comply with my charges repayment request.

 

1. 04.07.2006 : Initial request for statement sent

2. ??.??.???? : Date statement received

3. 15.09.2006 : First request for payment of charges letter

4. 14.10.2006 : Response offering part payment

 

above dates show I asked for payment to be given in full at point 3. and Barclays offered part payment. Now I am stuck because I did not send an LBA.

 

The reason I did not send an LBA was because they offered me a date (all be it slightly later) & stuck to it.

 

Now on Barclays letter saying we offer you £1000 (of £2000+) it states I have 8 weeks to respond otherwise it is considered finished & 8th December is the absolute maximum I have worked out but really want to get something off today.

 

I was going to send teh rejection letter however it has many references to teh LBA so I'm stuck!

 

Any help appreciated here!!

[Welshman]

Send the LBA now. They will know then that you mean business. In the same envelope, put in the rejection letter.

 

If you read the site FAQ's and Step by Steps, they all tell you to adhere to YOUR timescales.

 

You would not have needed to post this last time if you had.

 

Good Luck

[mikejames1]

thanks for teh advice, i know i haven't been particularly good with my own timescales consiering what money is on offer here!!??

[mikejames1]

just a final confirmation required.

 

i am planning on sending my LBA & Rejection letter together today

 

my only concern because of my own delays is that there are parts to the rejection letter that reflect on the banks lack of response to my LBA within 14 days (which is false because the bank have not received my LBA yet)

 

so is there any change I should make to the below paragraph?

 

My letter before action sent previously (untrue) indicates that you had until ??/??/???? (no date) to respond before Court action commenced. On the basis that you made a timescale for response & kept to this I can allow a further 14 days to now respond before Court action is commenced. (they responded but AFTER my 14 day response target on the 14/10/2006

[mikejames1]

 

any help appreciated

 

i know the site's getting very busy now as well with posts

[Spotted Dog]

Try this one to accompany your LBA

FAO Whoever sent you the offer

Barclays Bank PLC

Leicester

LE87 2BB

Date

Your ref whatever ref is on Barclays letter

Sort Code Your Branch Account Your Account

Dear Sir/Madam,

Thank you for your letter dated When the offer was sent and I note the contents therein.

I acknowledge your offer of the sum of £xxx towards the total amount of my claim and I am happy to accept this as part payment of the original sum of £full claim amount (no interest yet)

I must remind you that I am pursuing my claim for the full amount of £full claim amount (no interest yet) and therefore, I am unable to sign your form agreeing to the sum of £Their paltry offer as "full and final settlement of my claim" and I accept no attending conditions.

However, I am more than happy to accept it as an interim payment. In the meantime I will continue with my claim for the remaining amount.

I look forward to your reply

Yours sincerely,

Spotty

[mikejames1]

well i have now sent my LBA & Rejection of settlement offer to my main man at barclays head office so we'll see where this gets to

 

would you now suggest i put through my court claim anyway as in letter it emntions I will continue with my claim which I am doing

[Welshman]

Your LBA, which I assume was taken from this site, tells them that you are giving them 14 days.

 

Best not to cut corners.

[bigstuff1000]

Hi mike,

 

Cheers for the rep comment. As far as what welshman says,i totally agree. If you give them 14 days,let them use it (they never answered mine...or many other peoples' anyway!!!).

When that 14 days is up,let them have it mate.

 

Best regards and good luck,

 

Rich.

[mikejames1]

cool, i will give them 14 days, my only concern is that their offer if not signed for will be accepted at £1,000 by I think 8th Dec.

 

Now they should have received my LBA today so that will make that date not be applicable now & will stick to 14 days.

 

5th Dec + 14 days = 19th Dec for my own record!!

[mikejames1]

right then

 

the bank have kindly replied stating that they will not pay me the full amount & would not pay the £1,000 as part sum either so kind of expected

 

small claims here I go!