I'm sorry your unhappy with the charges!

[Michael Browne]

Head the letter: Letter Before Action.

 

Penalty charges not default

 

4th para doesn't make sense: You're prepared to pay the charges only if the bank repays them. Eh?

 

14 days not 7

 

Remove last sentence, keep everything in writing

[Michael Browne]

As Steveoram says the LBA template works. Why fix it?

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[Michael Browne]

1. Makes no difference, you can file this week, next week or next month.

 

2. Barclays, to date, have never set foot in court.

[Michael Browne]

Found it!

 

4. Particulars of claim - N1 - hard copy version

 

Look again that's for filing with N1. MCOL POC's are briefer.

[Michael Browne]

Yep.

[Michael Browne]

1. Human rights no

2. Interest yes

 

Daily rate is just charges x 0.00022= £0.42p

 

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

[Michael Browne]

Post

[Michael Browne]

Claim issued Dec 4. Deemed Served Dec 9th, Acknowledge by Dec 23rd Defence by Jan 6th

[Michael Browne]

Is the Notice of Acknowledgement the same as a Notice of Issue

?

No. Notice of Issue is when your claim is...er, issued.

Notice of Acknowledgement is when the bank...er, acknowledges your claim

 

 

I'm asking because I got the Notice of Issue today so I'm guessing I should be sending copy's to Barclays (Churchill Place address)?

Litigation Team,

Level 29,

Churchill Place

P.S. Michael Browne, how did you get those dates spot on?

Wild stab in the dark!

[Michael Browne]

Correct.

[Michael Browne]

My claim was acknowledged on the 18th so that gives Barclays 28 days to reply, is that correct

 

Yes 28 days from the original deemed date of service (Dec 9th) ie Jan 6th