Lba

[callum.golding]

I will be sending my Letter before action tommorow. Is the below necessary to include;

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Also any other things I'm missing? I'm including a schedule of my charges without the interest added. Below is how I have ammended the template;

I am very disappointed that you have failed to respond to my letter of the 27/10/2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1005 which you have charged me in overdraft interest for the sum which you have taken.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter, dated 27/10/2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest.

 

Thanks for any help.

 

Callum

 

 

[Spotted Dog]

You don't have to include the paragraph in Blue re the OFT.

 

However this paragraph is incorrect as it refers to interest and not the charges.

I calculate that you have taken £1005 which you have charged me in overdraft interest for the sum which you have taken.

Why are you modifying the library template ? I would suggest you copy it again only leaving out the Blue OFT paragraph.

 

Spotty

[callum.golding]

Hi,

 

Thanks for that. I assumed only some parts were relevant to my case.

 

Have there been cases where they have agreed repayment after you send the letter before action? I am confident about going all the way but just slightly worried about making sure I gather the right documents for the day of court.

 

Thanks again

 

Callum

[essjaysea]

I have not heard of Barclays settling in full at the LBA stage. They are much more likely to offer you a partial settlement, and then sit back and let you file your claim.

 

But the chances of them putting in an appearance in court is remote to say the least. You will probably have to spend some time getting all the documents in order for the court "bundle", but you will have plenty of time to do all that, as the average time for a hearing seems to be 4 - 6 months!!

[Ropey]

The only change I made to the prelim letter and will make to the LBA was the omission of this short paragraph:

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

It just seems a little histrionic, is there a very good reason for including it?

[callum.golding]

I'm very exicted about making sure everything is in order for the case. There was a guy on morning TV talking about how so many people are pulling this off.

 

I will remove that line then, thanks for the advice.

 

I take it I will need to read through the whole court bundle material very carefully. Will I have to stand up in court and say anything? I wouldn't be too confident at doing that so I hope not.

 

Thank

 

Callum

[Spotted Dog]

It is very unlikely that you will ever appear in court. These bloodsuckers daren't set foot inside. If they lost, that would create a precedent, they would lose billions.

 

Spotty

[callum.golding]

Ok thanks for that. I recieved a letter from Barclays offering me half. I have inserted the correct sentance into the LBA.

 

Should I address the LBA to the customer relations manager that sent me the offer??

 

Cheers for any input

 

Callum

[Welshman]

Yes, reply to the originator of your last letter. Here's the Rejection of settlement offer letter to send back. You can insert it in the same envelope as your LBA. Good Luck.

[callum.golding]

Yeah sorry about same Q in two threads. I'm going to stick with this one.

 

..right off with that letter tomorrow then. When I have sucessfully recovered my amount is it possible to continue posting here to give advice to others.

 

Thanks

 

Callum

[Welshman]

Yeah sorry about same Q in two threads. I'm going to stick with this one.

Callum

 

Appreciate that, it's a nightmare keeping tabs on things otherwise .

[callum.golding]

I sent my LBA yesterday stating my thanks for the offer but will only take the amount as a part-payment. I will now wait the 14 working days until starting my claim.

 

Its soooo hard turning down 510quids that could have been in my account the following day. Its just the thought of doubling it and standing my ground that pushed me to continue.

 

I understand that I should be reading through the court bundle soon, but am I right in saying that once I start my claim if Barclays do not respond in 14 days then I win by default and if they do acknowledge but don't respond following another 14 days I still win by default.

 

Let the battle commence.....

 

Regards

 

Callum

[Welshman]

It's not as cut and dried as your last post. God, I wish it was.

 

You file, then 5 days is allowed in which to serve on the Bank. That's regardless of whether they had it the next day.

 

It's then that your 14 days start in which time, the bank should acknowledge. However, if they don't, and you apply for Judgment, they can still acknowledge out of time and be allowed to carry on. Don't ask, it may seem unfair, but the system somehow allows this to happen.

 

It's at the expiry of the 5 + 14 day period that the final 14 day period begins during which time they should defend. The same goes here too - you can apply for Judgment and they defend after that and again are allowed to continue.

 

There are occasions though when they do forget, and the claim succeeds but now they'll ask that you agree to the judgment being set aside. In the same letter they will offer a full settlement. If that happens to you, you should allow them to have their set aside as now they will pay you in full. It is said that they'll get their set-aside regardless of your response and in doing so, the end result will be the same only delayed while the Court sets a future date to settle the claim.

[callum.golding]

A few days after I sent my letter stating I would still be claiming after their offer, I recieved the following letter.

 

"I am sorry you remain unhappy following our response to your compaint and note that whilst you are accepting the amount offered, you will be seeking the balance through the small claims court.

I confirm our offer made as a gesture of goodwill, and was in full and final settlement of your complaint. As such, I am unwilling to pay you the sum of £510 as an interim measure. I ackknowlege you require your claim to be settled in full. However, after carefull consideration, I regret that I am not able to increase our offer.

Should you wish to accept our offer of £510, please sign and return the acceptance form enclosed with our letter 21 November 2006. If you do not wish to accept our offer in full an final settlement, it would appear we are unable to reach a mutually accpeptable resoolution.

I appreciate this is not the response you were hoping for, but I trust I have fully explained the banks position."

 

Sounds like they mean to stand their gound. Shall I respond in anyway to this or wait for the 14 day deadline and begin a CLAIM ??

 

Thanks

 

Callum

[callum.golding]

Also when I begin my claim online do I need to send a schedule of charges to the bank again and some sort of information telling them I've begun a claim.

 

What happens if I get a court date and actually have to go. ahhhh worries!!!

 

Thanks for the help

 

Callum

[Spotted Dog]

You can send both the court and Barclays your schedule. The Court will tell Barclays you have filed a claim.

 

Don't worry about going to court - it is most unlikely.

 

Spotty