Wildcat vs Barclays - and about time too ** WON **

[wildcat77]

Hi everyone, I'm new to all this.

I've done a bit of background reading - obviously I want to do this properly so I'll do a bit more before I actually take the plunge.

My parachute account has been agreed in principle, but not actually set up yet, I have 5 out of 6 years statements (the rest are with the accountant - I'm self-employed) and I've put a list of charges together. Also worked out the interest (although I know I don't add this on until later)

 

So - what I need to do now is:-

 

a) Get the missing year's statements back from the accountant and add those charges in

b) Prepare my LBA

c) Wait for the parachute acct to finalise

d) Hit 'em where it hurts.

 

Two questions:-

 

Firstly, I have 2 accounts I want to sort out. One with about £1000 of charges and one with about £375. I'm assuming it's best to do the bigger one first, see how that goes then tackle the smaller account. Is this correct or should I try for the 2 together?

 

Secondly, I read that people are getting refunded in full. Do they mean this or are the Banks witholding what could be described as "the true cost of sending the letter" or whatever it is, which I understand they are legally entitled to charge? If so how much is this likely to be?

 

Fingers Crossed.

Wildcat

[Welshman]

Hi, and Welcome.

Hi everyone, I'm new to all this.

I've done a bit of background reading - obviously I want to do this properly so I'll do a bit more before I actually take the plunge.

My parachute account has been agreed in principle, but not actually set up yet, I have 5 out of 6 years statements (the rest are with the accountant - I'm self-employed) and I've put a list of charges together. Also worked out the interest (although I know I don't add this on until later)

 

So - what I need to do now is:-

 

a) Get the missing year's statements back from the accountant and add those charges in

b) Prepare my LBA

c) Wait for the parachute acct to finalise

d) Hit 'em where it hurts.

 

Two questions:-

 

Firstly, I have 2 accounts I want to sort out. One with about £1000 of charges and one with about £375. I'm assuming it's best to do the bigger one first, see how that goes then tackle the smaller account. Is this correct or should I try for the 2 together? You can do the both together as long as it's with the same bank (obviously) and that the total comes to under £5000.

 

Secondly, I read that people are getting refunded in full. Do they mean this or are the Banks witholding what could be described as "the true cost of sending the letter" or whatever it is, which I understand they are legally entitled to charge? If so how much is this likely to be? No, they are paying out in full. If they deducted the amount it actually costs them to process those charges then they'd be divulging what their actual costs are - and they don't want to do that.

 

Fingers Crossed.

Wildcat

 

In (b) above you mention preparing your LBA. You send the Prelim letter first, followed 14 days later by the LBA .

 

Also, I'd still be tempted to send the S.A.R as it has requests relating to manual intervention. This would also give you copies of the statements which you'll need at the Court Bundling stage. You will need three copies of your statements - your original plus two.

 

Good Luck

[wildcat77]

Thanks for that, I'll get on the case later, off to work now.

[wildcat77]

OK,

I'm getting the Prelim and SAR letters ready today, I've emailed the accountant to send the missing statements too, which I assume will get here more quickly than the ones from Barclays. I'm going to go for both accounts together, which'll be about £1400.

 

Am I right in thinking that I can't actually send the prelim letter until I get a correct schedule of charges together to go with it?

 

So, assuming the accountant gets my statements back to me next week, I can then send in my Prelim letter, straight away without waiting 40 days for Barclays to get their finger out and send their copies?

 

Also, does this SAR letter go to Churchill Place E14, like the later letters or do I have to request statements from my own branch? No big deal as I can walk to Churchill Place, it's nearer than my branch! Think what I'll save on registered post once this case gets underway.

 

Wildcat

[wildcat77]

Well - I caused Barclays a small amount of chaos today which made me grin. I rolled up at Churchill Place to hand deliver my letter and was stopped before I got to the front door and redirected to the underground postroom. At the bottom of the ramp I was stopped at a barrier and completely baffled the security guards on duty. The conversation went something like this:-

Me - "Hi, I've got a letter for Barclays"

Guard, writing down my reg no. - "What courier company?"

Me - "Sorry?"

Guard - "What courier company are you from?"

Me - "Oh, I'm not"

Guard - "Who are you reresenting?"

Me - "Nobody, I'm just dropping off this letter"

Guard - "On behalf of who?"

Me - "Myself"

Guard (to his colleague) "Is that allowed?"

Guard no.2 made a call on his walkie talkie, came back and asked my name and eventually pointed me in the direction of the postroom boys who work underground like moles in a fishtank-like room in a corner of the loading bay. I then went through the whole "what courier company?" scenario all over again. Eventually they let me drop the damn thing off.

 

I got back to my motorbike, and pressed the starter button - nothing. Totally dead. Hmmm. The security guards then had another problem. This is Canary Wharf, they're absolutely paranoid about security, there's already been one bomb. They wouldn't let me leave the bike there - it was a security risk. I couldn't push the bike out as the ramp was ridiculously steep. I couldn't make a phone call as I was underground, I could have gone out and made a phone call, but that would have meant leaving the bike. It's against company policy to let an outsider use their postroom phone.

 

In the end it took three of us (me and both guards) to manhandle the bike up the slope, we were all totally knackered by the time we got to the top of the exit ramp, and in the meantime the in-ramp was totally unguarded - Shock, Horror.

 

Totally hilarious, made my day.To add to the satisfaction it was only a wire that had dropped off the solenoid, so the bike's fine now..

[wildcat77]

I have a little bit of progress, I've delivered the Prelim letter, and had "Sorry you are unhappy" back, so now we wait another few days for the 14 day deadline.

 

Inspired by all this I've issued a MOCL against a former employer who owes me a chunk of money (but not as much as Barclays), it should be an open and shut case, I very much doubt he'll defend at all, but it's good practice.

 

In the interim I'm reading some of the stuff on here, so I'll be prepared for the tricky later stages.

 

Hell, I'm enjoying this.

[wildcat77]

I've just typed out my LBA ready for delivery tomorrow morning (wahey).

On the downside, I still haven't received the statements from Barclays I requested on 6th Nov - it's not the end of the world as I do have the originals, but they're a bit scrawled on by the accountant so I'd like a nice fresh clean set.

 

In the meantime my former employer has only got until Dec 4th to respond to my Moneyclaim. Fingers crossed - I might get that money by Christmas. I've had a quick look at this years accounts, and I could be in line for a tax rebate too, maybe things are finally turning round!

[wildcat77]

LBA hand delivered, got back home and found the schedule of costs on my desk - had forgotten to put them in the envelope, what a pillock, printed out another copy of the LBA and made another trip to Churchill Place. The security guards know me now and are quite friendly, but the postroom people are very unpleasant. I may do a stroppy letter about their attitude when I'm next in the mood.

[wildcat77]

And so we progress - a risible offer of £735 has just plopped onto the mat.

 

I shall be delivering my "Stick yer offer where the sun don't shine" response this afternoon.

[wildcat77]

They still haven't sent me the original bundle of statements I requested on 6th November, they've got until 16th December, ideally I'd like them before 11th when I will be filing MOCL - can't wait.

[wildcat77]

I'm just doing my MOCL, and am adapting the partics of claim found in the library section, however, I notice that there's a bit (see below in red) which says there's a schedule of charges attached. Obviously since the MOCL is all online I can't attach the schedule, so do I just omit that bit?

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[Welshman]

This isn't the MCOL POC.

 

The one you want is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[wildcat77]

I've cobbled one together from bits and bobs I found all over the website, it ended up almost exactly like that, so should be fine.

 

Thanks a lot, Welshman, and congratulations again

[wildcat77]

oops posted by mistake, can't delete

[wildcat77]

Well I got the MOCL off the other day, it'll be deemed served on 17th, which gives them 14 days to acknowledge - bringing us to 31st - which is a Sunday. I like this, what with the influx of new claims following the Money Programme and the Christmas break, there's an ever-so-slight possibility they may not get their act together to acknowledge it in time - well I can live in hope can't I. I suppose they may be allowed extra time until the Tuesday what with the bank holiday - but not if I have anything to do with it!

[Milo19]

Wildcat, you mentioned a previous employer. They stopped you pay??? Wasn't EPC was it?

[wildcat77]

No - it was just a bloke I worked for for a couple of years. He stopped trading (didn't go bust or anything - just closed the company) and didn't pay me my last month's wages. I've seen the business bank statements, the money's there, and his accountant has told me he has the cheque written out but is refusing to sign it. His reason for this is that I am now working for a former partner of his with whom he is in dispute. Thought I'd shake him up with a MoneyClaim - he's now claiming to have moved house and so not to have received the paperwork. Bull****.

[wildcat77]

STILL no statements - I delivered the SAR by hand on 6/11, with a cheque for £10 in it, they haven't cashed the cheque. I've got to write again - do I send another cheque? I suppose I may as well, they don't appear to be cashing them anyway. Maybe I should phone. Decisions Decisions

[Thailand]

So 40 days up today. I would phone on Monday and just keep the conversation to 'where are my statements'. You can always send a non-compliance letter in the Bank templates:)

[wildcat77]

Spoke to quite a friendly bloke from the Manchester Contact Centre, Joseph McGarry, who says he's sending them today free of charge which is "normally about £15" apparently. Surely £15's not legal? It took ages to get through to a real person.

[Welshman]

That's right. Tha maximum they're allowed to charge is £10. Anyway, as long as you get it for free that's all that matters.

 

Good Luck

[wildcat77]

STILL no statements. Am going to send another stroppy letter today.

[wildcat77]

OK - sent the template Non-compliance with DPA letter topday, to Churchill place and my branch (hopefully I'll get 2 copies)

 

Forgot to mention, they acknowledged the MOCL on 29th Dec (my birthday!) so they now have until 12th Jan to enter their Defence.

 

My former employer has entered his defence in my other claim, which is running a couple of weeks ahead of this one, I'm glad of this as it is a more straightforward case so I get a sort of practice run at everything. I've done the Allocation Questionnaire for that one. The defence he's submitted is very badly put together and rambles on irrelevantly for pages. I'm keeping my paperwork very succint and neatly indexed in the hope that his will irritate the judge if and when it goes to court.

[wildcat77]

Wahey, the Non-compliance thingy did the job - statements landed on my mat this morning.

 

Interestingly they're dated 4/1/07. I suspect that they've actually received my letter (which I sent recorded delivery on 4/1) on 5/1 and posted them out backdated. If not, who knows, maybe another lot will arrive. They don't appear to have cashed the original cheque for a tenner, but haven't sent it back either.

 

I've miscalculated on the final date for defence, I think. I thought it was 14 days from acknowledgement (12/01/07) but I think it should be 28 days from the date of deemed service (14/01/07). Not much odds since 12th is Fri and 14th is Sun. I reckon it'll all slow down after that while i wait for a court date. Anybody got any idea of the average length of time it takes to get a date? Also any idea which court I'm likely to end up with (I'm London E14 - Barclays home turf!)

 

I'm also waiting for a court date in my other case. That one's been transferred to Edmonton. This is a result as far as I'm concerned, as the opposition doesn't realise that I have to go there quite a lot for work, so I know the place inside out, the security guards and ushers know me and don't normally search me etc etc. so I'll feel completely at home there.

[wildcat77]

Hmm, another letter this morning, from Peter Townsend, "The Bank is not under an obligation to present info etc etc etc..." looks like he's stalling prior to sending me another set of copies. Good stuff - saves on the photocopying charges.

 

Today is shaping up nicely - just got a letter from the Inland Revenue asking me which bank account I'd like my £2600 rebate paid into.

 

I'm on a roll here.