Trollsicles V Barclays Bank

[Trollsicles]

Just getting started on my claim for £495.

They were very prompt in sending out the statements.

 

Phoned for statements 06/10/06, statements arrived 11/10/06.

Sent prelim letter off 11/10/06. Got a standard letter back 19/10/06.

They said they would get back to me within 4 weeks at the latest but have I understood correctly that I am still to keep to my times not theirs and post off the LBA on 25/10/06 (exactly 14 days after the prelim letter posted)..

Am a bit nervous about the whole thing, but got another bank account set up just in case.

Any advice gratefully received

Trollsicles xx

[bearo]

You are correct! Keep to your deadlines, ignore theirs, dont be put off by standard letters you may receive, if unsure just ask here on this thread!

In the meantime keep reading the longer threads, they will give you an idea of what to expect from the bank in terms of response and also will give you a confidence boost along the way!!!

 

Keep us updated!

[Trollsicles]

well I sent the LBA off yesterday, all done so Im just preparing for the next stage. I have had a look on the spreadsheet for calculating the interest but I do not have a clue where to start with my calculations. Do I just copy the layout of the spreadsheet and get working on my calculator? I have had a look at other threads, but I still dont get it really. Maths wasn't my strong point at school and I'm getting into a bit of a tizz over this part.

Trollsicles xx

[Welshman]

Did you include the schedule of charges with your Prelim letter and LBA?

 

The spreadsheet I used was the England Simple Excel which is here .

 

It does it all for you.

[Trollsicles]

Yes, I put a copy of the charges in with both letters...Have had a look at the information on the interest spreadsheets again and it's making more sense now than it did before! Also, thanks for the link, I've managed to get the interest amounts now..Just want to make sure I know my stuff (and can explain the interest claim) in case it does get to court..

Trollsicles xx

[Falcom]

Hi I seem to be running on the same schedule (my correspondence is only one day behind yours) I am mailing my LBA today. I have second bank accounts set up already and have transfered my direct debits and salary over to this account already. I have done interest calculation using England Advanced excel from the same link as Welshman suggest.

 

Peter

[Trollsicles]

Hi Peter,

Good to know that someone else is at the same stage as me. I'm getting a bit worried about possibility of it going to court and having read all the threads on forms to fill in, am quite daunted about it all..Did you send everything to the head office? I also set up a new basic bank account just in case....It seems that Barclays push you right to the last step on this...

Barclays have got until the 8th November to refund, or else court action it is..

Keep me updated

Trollsicles xx

[Trollsicles]

Actually I have a question. Over the past 6 years the overdraft limit on the account has changed various times and the statements do not say how much it was at any particular time....I have just been looking through the statements now and have seen lots of 'INTEREST CHARGED' charges...Is this something I can also claim for or is it too late now/a charge which is lawful?

Trollsicles

[Trollsicles]

Well, only 2 more days till I file a claim with the courts, but I have more questions which I can't find the answer to.

So far, Barclays haven't offered a penny, but if they do, (and it is only a fraction of the total amount) do I claim to entire amount online, or just the difference between what they have offered and what is outstanding? Trying to be organised so I can be prepared for Wednesday. Any ideas? Anyone?!

[livelylad]

Well, only 2 more days till I file a claim with the courts, but I have more questions which I can't find the answer to.

So far, Barclays haven't offered a penny, but if they do, (and it is only a fraction of the total amount) do I claim to entire amount online, or just the difference between what they have offered and what is outstanding? Trying to be organised so I can be prepared for Wednesday. Any ideas? Anyone?!

 

If they offer you any money before you file i would still file for the full amount owed. If they offer cash and you accept it as a part settlement they normally withdraw the offer.

[Trollsicles]

Thanks for the speedy reply livelylad.I have already made the spreadsheet with interest ready for Wednesday but not put a column with the amount of days since the offence took place. Do you know if this is necessary? Should I add this information in before sending it off?

[Trollsicles]

Have done the spreadsheet and put number of days column in with it, but with the daily interest rate Im not sure if I work that out just on the £495 that I am claiming in unfair charges, or if I add the 8% statutory interest amount onto that (£120.77) and then work it out. Any ideas?

 

£495 x 0.00022 = £0.11 OR

£615.77 x 0.00022 = £0.14

 

I'm assuming that the amounts are rounded up too (exacts are £0.1089 or £0.1354). Is that right?

[Trollsicles]

can anyone help please?!!

[Trollsicles]

Ok, have drafted my particulars of claim and this is what I have come up with from the guidance. Does it sound ok, or does any of it need altering?

Many thanks.

I have a contract with Barclays Bank, account number XXXXXXXX which was opened in 1992. Between 24th January 2000 and 19th April 2006 the defendant has debited charges in respect of purported breaches of their contract. The defendant is aware of all the details, as a list of charges have already been supplied and another copy will be sent. I contend the following: That the charges exceed the defendants losses caused by the breaches; The term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contract Regulations 1999, Unfair Contract Terms Act 1977 and at common law. I am claiming the return of the amounts debited of £495, Interest per S.69 County Courts Act 1984 of 8% totaling £120.77 continuing at 8% until judgment or settlement at a daily rate of £0.14 and costs allowed by the courts. 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.

[Welshman]

The Particulars of Claim text that 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).

 

 

[Trollsicles]

many thanks, I'll get on the case straight away

[Trollsicles]

Well, I spent many an hour online last night and finally filed with MCOL.

It has been processed from today and the scumbags now have 14 days to file a defence. (I'm kind of hoping they will forget and let the deadline slip by!)

When I returned from work, there was a letter in the post from Barclays offering £200 in full payment of the complaint, although not accepting that the charges were unlawful. Well, they know what they can do with that. I'm writing their 'thanks but no thanks' letter straight away and the rest can go through the court...

Keep your fingers crossed for me folks!

Trollsicles xx

[Welshman]

Once you file, it takes 5 days to serve on the Bank. It's then that the 14 days start. Once they acknowledge, they then have a further 14 days to defend, making it a total of 33 days.

[Trollsicles]

Ah, thanks for that Welshman.

[Trollsicles]

As for the judgement page, can I just check that I don't need to tick either box yet until I see what Barclays response is, ie. if they file a defence (as it's with regards to how I would like to be paid! and I haven't won yet)

[Flor]

Good luck with the claim Trollsicles!!!

 

Flor

[Trollsicles]

Having spent more time looking at other threads on this site (it's so addictive!!), I am now concerned that I have calculated the incorrect amount for the daily rate of interest on my claim.

I worked it out by adding the 8% statutory interest onto the claim total of £495 and then multiplying this by 0.0022.

I think I should have just done the sum on the £495 without the statutory court interest....Now, I know this only makes a difference of 3p a day, but are Barclays going to pull me to pieces because I can't even do my calculations correct?! Is this going to ruin my case??

[Welshman]

I worked it out by adding the 8% statutory interest onto the claim total of £495 and then multiplying this by 0.0022.

 

Unless you've done a typo here in this post, your multiplier is wrong. It should be 0.00022. You've missed a zero, but reading back on your thread you are correct.

 

There are two ways to find out what your daily amount is.

 

1. Multiply the amount before adding the interest by 0.00022 so in your case it's 11pence per day on £495.

 

Or

 

2. Over two days, look at your spreadsheet and the totals will differ by the daily amount.

 

Did you send a schedule of charges including the 8% interest to MCOL and the Bank?

 

If not, no real damage done but you MUST attach it to your Allocation Questionnaire when you submit it.

[Trollsicles]

Thanks Welshman,

I have already sent the schedule of charges to MCOL and the bank and am awaiting confirmation of them receiving these, but in the spreadsheet, my calculation worked out the daily rate to be 14p (as I had added the 8% interest onto the £495 charges making it £615.77 and then multiplying that by 0.00022). I now realise that it should have only been 11p (just £495 X 0.00022), thank you for explaining that to me, but what should I do now? Do I need to completely scrap the claim and start again with the correct figures, or just send a letter to the courts explaining that I am a numpty and not really sure what I'm doing?!! Or, should I just wait for the AQ to arrive and edit the details when I send that back?

Thanks for your help

[Trollsicles]

Oh, by the way, I received the 'Notice of Issue' this morning from the courts saying that the defendant has until 28th November to reply... Im now going to make a start at understanding the court bundle and getting totally prepared...