Trucker v Barclays **WON**

[karenann]

Hi Trucker

 

I live in Essex and my case was forwarded to Basildon Combined County Court within a week of receiving Barclays Defence. They then transferred it to Southend at the beginning of April. I was then given a Stay by the Judge at Southend to last until 27 June. I have just successfully applied to have this lifted and have a hearing on 27 June at 10.00am so Southend seem to deal with things quite quickly and don't have a long waiting time by the looks of things. It more depends how quickly you hear as the typists tend to get a few weeks behind!

 

Great thread by the way.

 

Karenann

[MARTIN3030]

As requested threads merged (I found 7)

[MARTIN3030]

Waiting times for court hearings vary from area to area.

You need to find out the backlog times from your local court.for example my Court has a 4 week backlog so anything that I or the defence submit to them will not be looked at for 4 weeks.

This is why its important to inform the Courts immediately you are given or offered settlement and safely have the money.

This helps the Courts to allocate fresh cases.

Even with a Court hearing Barclays are only known to settle a week or so before the date arrives.

[Trucker]

Martin,

 

It wasn't my threads that i wanted merged (lol), perhaps i didn't make that clear, it was bob_and_wendy's. I said i would pm a mod for them as everytime they updated their story it was in a new thread.

 

Mine is gonna be confusing now to anyone reading from the start but thanks anyway for taking the time and effort.

 

Trucker

[Trucker]

Ok

 

2 letters received this morning.

 

First in regard to asking for charges back

" I refer to our letter dated 19 April" (actually it 21 May)"

 

No offer but will have answer by 9th July

 

second letter in regard to S.A.R - (Subject Access Request)

 

quote

" I can confirm that we are unable to provide data prior to 1995 as we are only required to hold data for up to 12 years"

 

Thoughts please!!

[bennyowen]

I assume the two letters refer to two separate cases.

 

In the first letter, ignore their timetable and stick to your own.

 

As for second letter, you could reinforce your request by calling their free phone number: 0800282390.

 

Many members have got their statements by calling the Barclays freephone number above.

[oneofakind]

first letter sounds like the standard follow-up to the 'we'll get back to you...' rubbish. (Yes, they DO send them! )

 

Second letter sounds familiar; I have the same one. General consensus at the moment is that 12 years is as long as Barclays keep data on file. don't know what 'requirement' they're working to, but at least they're not claiming that the DPA has a six-year cutoff!

 

Have you seen this thread?

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

[Trucker]

Yeah had i good read of that thread

 

I was led to believe that Barclays hold info back to at least early 80S

[oneofakind]

I saw that somewhere too. seems not to be the case, but I'd love to get 20+ years of charges back.... They've been charging me on and off since 1981 !!

[Trucker]

Looks like i will have to do an estimate pre 1998. And they won't be able to defend it

[oneofakind]

Interesting thought. You're getting well into uncharted territory there.

[Trucker]

Morning All

 

I recently visited a hole in the wall at a branch in Carlisle. There was a big poster on the window. "step inside and meet the nicest people in Cumbria." It must have been full of CAG members ...lol

[dar£n]

Yeah had i good read of that thread

 

I was led to believe that Barclays hold info back to at least early 80S

 

I was told by a Barclays contact that they actually retain the records from the date of opening the account if still active.

But the informant wouldnt put it in writing...Doh, if only I was recording the call eh?

[Trucker]

Silly Me

 

Despite sending my LBA at the beggining of June I have let Barclays use the whole 8 weeks that they indicated in a letter "we will contact you soon but certainly no later than 9 July." Well thats today and nothing.

 

As i am strapped for cash and can not afford court fees at present it looks like i will have to go vis FOS to reclaim my charges back. Am i right in thinking that going this route will not allow me to claim s69 8%.

 

I have spoken to the FOS today and they tell me that their process takes up to 12 weeks, which is probably quicker than court. He did however point out that i would not be bound to any decision via them and could still go to court afterwards if i was not happy. Any thoughts welcome!!

[kopstar1965]

Doesn't it also say on the FOS site that they have NEVER had to make a decision to force a bank to repay the charges as they had ALWAYS settled.

Good luck

Andrew

[Trucker]

Forms filled in and going in post to FOS today

[Trucker]

Have just spoken to FOS again. The very nice lady told me to include s69 interest of 8% on the complaint form The final decision will be made by the adjudicator as to whether interest should be awarded, but if i don't claim it he/she won't award it. Glad i didn't get to Post Ofiice yesterday.

[Trucker]

Hi Folks

 

Have just got off the phone to B's customer relations. They are putting letter in post today offering me £730, out of a claim of £975. Sorry to dissapoint you all but due to my current financial situation i am going to accept it. It will give me the funds to start court procedings against CAP1.

 

Just 1 question though, i notice from other threads that the consensus is to change the wording of the settlement form, has anyone had any problems doing this at Customer Relations stage?

 

Trucker

[oneofakind]

First question is: are there any terms of acceptance that you're not happy with? If not, no problem. The main thing to be wary of is signing away any restriction on further claims against them.

 

I think maybe you have less clout in this situation than in a pre-court settlement, where they are defending your action. I assume they're calling this a 'gesture of goodwill'? they could withdraw the offer if you object too much.

 

[Trucker]

Acceptance letter only has 1 line

 

" I accept the sum in full and final settlement of my complaint"

 

I presume i merely replace "my" with "this"

 

Is this correct?

[saintly_1]

Yes

[Trucker]

Ta

[kopstar1965]

You're a proper night owl S1, sorry for tagging you teacher!!!!!!!!!!!!!!!!!

[Trucker]

Hi All

 

Acceptance letter returned on 14th. Their cover letter said payment will be made within 10 working days of receipt of acceptance. I wonder how long they will take? I can guess...lol

 

Trucker

[saintly_1]

Dont hold your breath Trucker ...... YOU know what they are like ;-)