lima versus Barclays - here it goes...

[lima]

- Sent request for 6yrs of data, got all statements within 10 days...acceptable

- Sent initial letter 18th March 2006

- Received a 'we're looking into this, get back to you latest 20th April' letter

- Today is the 21st April 2006 and I JUST got a response back (LATE) from David Chapman, Customer Relations Manager saying 'still investigating, will get back to you latest 19th MAY!!!!!'....unnacceptable

- Sent letter before action today (recorded delivery of course)

- .....will post more when I get some feedback

[Spiceskull]

Good luck.

[lima]

Got a little further now....

 

- Completed moneyclaim part

- Barclays (surprise surprise responded within 4 days of filing moneyclaim online): From Karl Voller:

 

I refer to our letter of 20th April:

 

....with an offer of 'May I say how sorry I am to learn blah blah blah......I must inform you that we disagree with your view......despite my comments blah blah blah I am willing to offer £775 towards the total amount.....

 

- no chance.....I'm continuing the pursuit of my full £2,500 odd including 8%, I get the impression everyone is getting this type of response.

 

What should I do at this stage, considering in the letter it says 'if I do not hear from you to within 8 weeks from the date of this letter, I shall assume that your complaint is resolved and close my file'

 

Do I:

 

A - respond to the letter and say, full refund is will be the only amount I will accept

B - ignore it and leave it to the moneyclaim process and win by default after 14 days?

C - accept this amount but add I will expect the remainder within 14 days (although this will be after the moneyclaim deadline)

 

Any advice most welcome

 

thanks

[lima]

so far:

 

to cut a long story short, got statements, calculated total of approx £2,500, sent various template letters as you suggested, got no satisfactory answer within reasonable timescales...

 

- Completed moneyclaim

- Barclays (surprise surprise responded within 4 days of filing moneyclaim online): From Karl Voller:

 

I refer to our letter of 20th April:

 

....with an offer of 'May I say how sorry I am to learn blah blah blah......I must inform you that we disagree with your view......despite my comments blah blah blah I am willing to offer £775 towards the total amount.....

 

- no chance.....I'm continuing the pursuit of my full £2,500 odd including 8%, I get the impression everyone is getting this type of response.

 

What should I do at this stage, considering in the letter it says 'if I do not hear from you to within 8 weeks from the date of this letter, I shall assume that your complaint is resolved and close my file'

 

Do I:

 

A - respond to the letter and say, full refund will be the only amount I will accept

B - ignore it and leave it to the moneyclaim process and win by default after 14 days?

C - accept this amount but add I will expect the remainder within 14(?) days (although this will be after the moneyclaim deadline)

 

help me out on this one please!!!...

 

thanks

 

Mod note: Threads merged. Please keep your claim to one thread. Thanks.

[bram stoker]

I would definitely reply, or your actions of ignoring the letter could be miscontrued as being unreasonable. Always accept an offer, but state you are claiming the full amount and will continue with the claim.

 

If they pay the part payment you may have to amend the claim. If you don't receive further advice on this, come back here with the results of your reply letter.

 

Good luck.

[lima]

thanks a lot for the advice...just wanted to be ABSOLUTELY sure of the next step!

 

here's my letter which I'll send tommorrow in case anyone wants to add any words of wisdom before it gets sent:

 

Dear Karl, (**Karl Volller customer relations manager)

 

Thank you for your letter dated 19 May 2006.

 

You will be aware that I have now filed a claim against Barclays – claim number: xxxxx. The figure of £2704.41 remains outstanding – this is calculated as the original amount of £2245, plus 8% interest and the court fee of £120. The total amount excludes any potential further costs associated with legal action.

 

I acknowledge your offer of the sum of £775 towards the total amount and I am happy to accept this as part payment of the total sum of £2704.41. I must remind you that I am pursuing my claim for the full amount of £2704.41 and therefore, I am unable to sign your form agreeing to the sum of £775 as final settlement.

 

I look forward to your reply

 

Yours sincerely

 

 

me

 

I'll keep you up-to-date with progress

[lima]

OK -so received a reply from Barclays:

 

____________________________

...sorry you are unhappy with our response to your complaint and note that whilst you are accepting the amount offered, you will be seeking the remaining balance in the County Court.

 

I am therefore unwilling to adhere to your request to reimburse you with the full amount claimed, and it is with regret that you will now be proceeding to the county court.

 

blah blah Sincerely

 

Joanna Carney

____________________________________

 

- So are they saying they will refund part of it and recognise I'm taking them to court for the remainder?

 

- On my notice of issue (from moneyclaim), it says the defendant has until the 3rd June to reply......if they enter some kind of defence, will moneyclaim send me a letter or do I have to keep checking the claim online?

 

- anyone got any advice on what I do now??!!!!

 

thank you

[lima]

On moneyclaim, it says Barclays have until 3rd June to reply, but now it's the 5th June, I've tried clicking on the 'Judgement by default' option but it tells me:

 

'The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.'

 

Am I doing something wrong?

 

Any help much appreciated and as a gesture of goodwill (and I stick by my word) I'll donate 10% of the total money I get refunded by Barclays...so please HELP!!!

[barracad]

What is the date of service according to your Moneyclaim paperwork?

[lima]

Is this the date the claim was 'deemed to be served'? - This was 20th May 2006 (my claim was issued on 15th May).

 

So is it 14 working days from the 20th May or just 14 days?

 

Thanks for your help

 

 

UPDATE!!!! - Just logged back onto moneyclaim and I've entered judgement by default....I'm assuming this is correct.

 

I thought I would be polite and allow them 14 days to pay up, so even though I was tempted, I didn't select the 'pay up immediately' option.

 

Is this it?....can they block this or contest it, or do I (and the bank action group of course) get our money or am I getting my hopes up?

[blueskies]

I'm surprised DQ hasn't told you off yet. I gave them far too much time (as you did) and got a well deserved telling off from DQ.

 

The only thing they can do now is to have the judgement set aside (normally Abbey's tactic), normally claiming they didn't have the paperwork. If this is the case then you may be in for a long wait. Leave it for the 14 days and update us as to the result. I file my claim tomorrow and am watching with interest (pardon the pun).

[lima]

Thanks Blueskies....I'll keep you posted

[lima]

Let's Just Say, That I Will Be Donating A Substantial Wedge To This Site Very Very Shortly. I Will Post A Final Note When I Do This And Then I Will Be On My Way

 

The World Is A Better Place Already

 

Just Keep At It You Lot, Patience Will Be Rewarded

[CrispDust]

Nice one Lima, I assume from your post you are now a bit better off, courtesy of Barclays?

[blueskies]

It would be nice if you could stick around a while. There are always new people joining that could use the help of someone who has done it before. Even if you only visit occasionally. Also make sure you fill in the survey so we know how much we have got back between us.

[lima]

This topic was closed on 09 March 2019.

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