Anna v Barclays

[annas]

Hi all, am hoping that this will help me keep track of what i'm doing. Hoping being the operative!!

 

I worked out my charges, sent the letter to present charges, received one saying they are looking into it and today received a letter saying that as a gesture of goodwill they will give me half....haven't sent LBA, what do I do now?

 

Any suggestions........

thanks

Anna

[Guest Mumofthreeboys]

Try this one http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[Guest ian cognito]

Send the LBA but amend it to say you are willing to accept their offer as part settlment but will be persuing them for the remainder through the courts.

 

God luck

[annas]

Thank you, have ammended LBA letter to add that i'm declining their offer. Many, many thanks.

Have decided now to tackle Smile, Egg, Marbles and Mint. Must be MAD......

are credit cards handled in the same way as Bank Accounts?

Cheers

[Guest ian cognito]

Not mad - seen sense at last, there are template letters for credit cards in the templates library too.....

 

Good luck

[jendoc]

Hi.............Tell em to 'shove their offer where the monkey keeps its nuts!'.......hang on in there kid and get the LOT!......don't be swayed of fobbed off...

 

Jendoc

[annas]

Thanks for the encouragment. Should I send the letters all recorded delivery with £10?

It's quite expensive!!

[Michael Browne]

First class post is fine, but most peolple tend to use RD for peace of mind. Alternatively you can get a certificate of posting free at the PO

[Guest ian cognito]

You only have to send them recorded delivery which is £1 as oppose to guaranteed delivery which is about £8!, worth doing i think because it seems a few banks haven't received letters sent without(?) but if they have to sign for it, they can;t say it wasn't received.

[bearo]

Proof of delivery from the post office as michael said is sufficent enough, a court deems a letter sent first class delivered after two days!

[Michael Browne]

Proof of delivery from the post office as michael said is sufficent enough, a court deems a letter sent first class delivered after two days!

Proof of posting not delivery.

[annas]

Hi All,

have now received letter saying ' should I now wish to accpet offer, sign and return blah, blah. However, if I do not wish to accept the offer and you now intend to start legal proceedings it would appear we are unable to reach an amicable resolution'.

 

What do I do now?

Also, they are still adding charges to my bank account as we speak (£30 a go), what do I do about those??

 

Many thanks in advance

Anna

[Guest ian cognito]

You can continue to add current charges to your claim to the point where you file it.

 

Go for it!!

 

Good luck

[annas]

Cheers Jan. What do I send them now?

Thanks

[Guest ian cognito]

If the last letter you sent them was the amended LBA referred to earlier in this thread, then the next step is court, either N1 or MCOL.

 

Have a read of the FAQ's, step by step instructions, steps 5/6

[annas]

Will do, thank you.

x

[annas]

I have just submitted my MCOL and have a horrible feeling that the text I added may not be right.....also I think I put the wrong daily rate in?? Can anyone advice ASAP. And can I change this once I have submitted it??

Many thanks in advance

Text below

 

 

1. The Claimant has an account 4xxxxxxxxx with the Defendant, opened 13 November 1992 2. Since 24/11/00 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 £1770.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £435.17 continuing at 8% until judgment or settlement at a daily rate of £0.21; 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.

[annas]

I have just submitted my MCOL and have a horrible feeling that the text I added may not be right.....also I think I put the wrong daily rate in?? Can anyone advice ASAP. And can I change this once I have submitted it??

Many thanks in advance

Text below

 

 

1. The Claimant has an account 4xxxxxxxxx with the Defendant, opened 13 November 1992 2. Since 24/11/00 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 £1770.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £435.17 continuing at 8% until judgment or settlement at a daily rate of £0.21; 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.

[annas]

Thanks for replyinng so quickly, well I read somewhere that I shouldn't include

 

(b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

which I added!

 

Then I read that I should calculate the daily rate (total x 0.00022) or similar. I didn't I just did 0.21 as per example text that I used.

 

Thanks in advance for your guidance

Anna

[annas]

Well, thanks for you help. I submitted it and today have received 'Notice that Acknowledgement of Service' has been filed.

Apparaantly they have 28 days to file a defence.

The Legel Exec is Adrian Ruffhead.

 

Do I just sit tight now?

Thanks

Anna

[Guest ian cognito]

Don't know why you've been told not to add the 8% as this is correct at this stage there is no mention of you having claimed contractual interest.

 

The daily rate is your total amount x 0.00022 which I think is 38p daily?

[annas]

Que??

Didn't I add it in the text further up that I sent MCOL?

Thanks Jan for your help with this

[annas]

Thanks all for your help so far, it's all progressing to court now...joy!

 

But I just wanted to ask, as advised earlier in this thread I got a certificate of posting for 6 other SAR's that I sent. I have only received 1 back from Marbles and one from Smile, the rest NOTHING!! What should I do now?

Many thanks in advance

Anna

[msawouldlikejustice]

If the forty days has passed send this, they failed to respond within the forty days when i claimed, i sent this letter and the statements arrived in 3 days.

 

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

[annas]

Thank you so much...shall I assume that them doing this is just standard practice!!??