Me vs Them ###won###

[simon.woodhouse]

Hi all, this is my 1st post. If this has already been covered sorry but here goes...

 

The stage I am at is that having sent the 1st letter (Prelim request) )to Barclays they have made me a settlement offer of less than 1/2 my claim. Now I have no intention of accepting this offer but my question is what do I do next:

 

Do I send the Rejection Letter

OR

do I just send the LBA once the 14 days runs out

OR

do I send them both?

 

Cheers guys!

 

Simon.

[chell1981]

i am at the same stage as you, but they have offered me over half of my initial claim, so i dont know what to do now!

[nathal]

send letter of rejection in response to offer

 

send lba after 14 days r up

[simon.woodhouse]

Cheers Nathal, I'll send the rejection letter today and the LBA on Wednesday (when the 14 days are up).

 

Chell, are you going to do the same thing?

[simon.woodhouse]

This is the letter i will send:

 

20th November 2006

Barclays Bank PLC

Personal Banking

Leicester

LE87 2BB

 

RE: SORT CODE: ........

ACCOUNT NUMBER: .......

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

Yours bla bla bla

I am leaving this bit out:

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

because i havent yet sent the LBA. Is this correct? I know the answer is yes but I just want to clarify!!

Cheers again.

Simon.

[chell1981]

I have just been on the phone to barclays and they have re-considered their offer and have now offered me more, to keep it out of the small claims court, its only a couple of hundred off my original claim so i am accepting that!

[redkat74]

Hi

 

I am in the same stage, just one question when you sent the offer rejection letter did you add the 8% in the total owed?

 

[simon.woodhouse]

yea i did put the 8% into the rejection letter. I refered them to my previous letter etc where the 8% was.

 

I havent sent the letter tonight so if someone tells me opposite overnight i will send the rej with the int in it.

 

my Letter Before Action is due to go out in a couple of days anyway and i want the figures on that and the rejection to be the same.

 

Plus just to be safe, i called barclays to reject the offer. I called an office in Swansea on 0845 3004028.

 

Hope this helps...

 

and nice on Chell. Congrats!!

 

Simon.

[tamadus]

yea i did put the 8% into the rejection letter. I refered them to my previous letter etc where the 8% was.

 

I havent sent the letter tonight so if someone tells me opposite overnight i will send the rej with the int in it.

 

my Letter Before Action is due to go out in a couple of days anyway and i want the figures on that and the rejection to be the same.

 

Plus just to be safe, i called barclays to reject the offer. I called an office in Swansea on 0845 3004028.

 

Hope this helps...

 

and nice on Chell. Congrats!!

 

Simon.

 

I assume the 8% you mention is the sec.69 interest, this doesnt apply UNTIL you issue a court claim. You Can't claim sec 69 at 8% until such time as you actually issue court procedings so be careful about asking for it before then.

[simon.woodhouse]

when i sent the prelim letter asking for charges back i followed the template letter on this site and calculated the 8% interest on the spreadsheet. Was i not meant to do this?

 

Do you think when I send my LBA i should leave out the 8% part and just put the charges?

 

This has confused me a little!!

[redkat74]

Hi Simon

 

I think that the 8% needs to be calculated but does not apply until you send of the info to the court, so from what i can gather the 8% does not go on the rejection letter or the LBA. Any site helpers out there who can clarify this would be greatly appreciated.

 

I do have a problem though in that i calculated my interest all wrong in the first place and now even with the 8% it comes to about 50 quid less. Not sure whether to put the correct amount on the rejection letter or leave it at the original. I am under the impression that they dont actually read these letters anyway.

 

cheers

[Michael Browne]

Do you think when I send my LBA i should leave out the 8% part and just put the charges?

 

Yes.

 

You can claim Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[simon.woodhouse]

I think I've been a bit of a plonker here...

 

I sent my prelim claim to barclays and i accidently used the simple spreadsheet which calculated the 8% interest which I am now aware can only be claimed at the Moneyclaim stage.

 

What shall I do now? Carry on with the claim, send an ammended Prelim letter or just ammend the amount in the LBA?

 

I'm sending a letter to reject their offer of 1/2 back today, so I'll edit that to say I want the £295 in charges and leave out the £48 interest.

 

Please don't tell be I've beggered this one up!!

 

Cheers guys and gals!

 

Simon.

[tamadus]

The sec.69 interest of 8% is totally at the discretion of the court. You actually have to ask the court to include it when you file a claim. It is NOT reclaimable before the court claim stage.

 

The accepted method is to total your charges and using one of Vampiress's spreadsheets calculate the amount of interest the bank have applied as a result of those charges. That forms the basis of your claim.

 

If you have to issue a moneyclaim in court then you ask the court to apply the 8% (which you have to calculate again using Vampiress's excellent spreadsheets). You can also ask the court to continue adding the 8% at a daily rate until settlement is made.

 

If your initial claim to the bank was made adding in 8% sec.69 interest then you can ammend your figures in the rejection letter. Ammending things only becomes complex once a claim has been filed at court.

 

You need your claim to the bank to be as accurate as possible (although you will never get it exactly right as they have some wonderful ways of calculating these things) I would go over the calculation again and use the spreadsheets, pointing out in your rejection letter that you have ammended the total due to you.

[simpson3375]

I wouldn't worry too much. They have offered you less than what you are owed. Just write back and reject their offer but refer to the amount minus the 8% interest

[simon.woodhouse]

Ok, cheers for that mate.

 

Just briefly this is the ammended rejection letter I will send. Does it sound ok? The main bit I'm concerned about is the ammended total part. Sorry if all this has been covered elsewhere, I am at work and cant spend too long scrolling the net so this is the quickest way i can get info.

 

Barclays Bank PLC

Retail Banking Customer Relations

PO Box 449

SWANSEA

SA1 5WY

 

RE: SORT CODE:

ACCOUNT NUMBER:

Response to settlement offer.

 

Dear Gaynor Mills

Thank you for your letter dated 15/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £295.00. Please note this is an amended total. My original claim, dated 08/11/2006, totalled £343.19.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until 23/11/2006 to respond. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

 

 

Yours faithfully

 

Simon Woodhouse

 

 

I have only sent the prelim letter so might have to remove the "no extension to this timescale" part as I still have to send an LBA (tomorrow).

 

cheers again guys!

 

Simon.

[simpson3375]

Looks good to me. Stick to your timetable and don't allow them to delay/ dissuade/ bully you into anything you don't want to do.

 

As for the amended total, you could also write:

 

"I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £295.00. My original claim, dated 08/11/2006, totalled £343.19.This figure included interest at 8% which of course will be added to the amount if I am forced to file through the Small Claims Court."

 

Hope this is of use.

[brussels1]

Re: Claiming the 8 % interest- don't worry.

 

I did the same thing. But when I rejected their offer, I simply explained that I had inadvertently included the 8% interest and that this was an error on my behalf and then I cited the correct amount of the claim (minus 8 % interest)

 

It didn't affect my claim and I have as good as won, It's just that I'm too lazy too check that they have paid the money into my account from last week.

[simon.woodhouse]

cheers you two.

 

I'll be sending the rejection this lunch time then the LBA on Thursday.

 

I kind of hope it gets to the court stage so i can request the 8% as well! but then again it mightn't be worth the hassle for £48.

 

Cheers again.

 

Abbey and Barclaycard next (minus their microfished stalling defence!!)

[simon.woodhouse]

Hay guys,

 

Just about to send my LBA. My claim is relitively small compared to some people on here (£295) but every penny helps! I'm kind hoping this goes the full hog so I can claim the 8% at the court stage! I've not calculated the overdraft interest either. Odd as it sounds Barclays were quite good with me when I was a student, kept increasing the limit instead of letting me go over. But or lovely relationship died on its ar5e when after uni they made me take out a Resolve Loan to pay off the OD - b@stards (why has this become a link!?!)!!

 

Any road, gonna post it now using works lovely franking machine. Wish me luck.

 

Simon.

[bottomburp]

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[simon.woodhouse]

Ah - good job you said that, I was just gonna put it in the post at work. I'll have to go to the post office at lunch instead. What do I do with recorded delivery - can I check online whether they have recieved and signed for the letter?

 

Simon.

[bottomburp]

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[simon.woodhouse]

one more question if that's ok...

 

When i sent my origional Prilim Request I accidently used the wrong spreadsheet and calulated the 8% and made a claim for this as well. Now i am sending the LBA I have acknowledged this. Does this paragraph sound ok?

 

I calculate that you have taken £295 in charges. My total claim is £295. This is an amended total. My original claim, dated 08/11/2006, totalled £343.19.This figure included interest at 8% which of course will be added to the amount if I am forced to file through the Small Claims Court. 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 of the 08/11/2006.

Cheers dude!

Si

[bottomburp]

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