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Bluebelle V Barclays


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Firstly, I apologise if I have posted this in the wrong place but the clock is ticking.

 

Well done to everybody who has WON their battle against Barclays.

 

I have read numerous threads over the past month and am very eager to start reclaiming what is rightfully mine!! but never seem to be able to find the thread I need when I need an answer.

 

All of the threads are way more advanced than mine and I am finding it very difficult to find info re the spreadsheets????

It has taken me about a week just to get it to download!! I'm not a Techi!!!

I have a few questions despite having read the FAQ's over and over.....

My head is spinning!!

 

1) I have already received my 6 years worth of statements from Barclays but am confused as to which spreadsheet from Vampiress chambers to use at this stage. I know I dont claim interest until I log my claim with MCOL but even the simple spreadsheets are calculating the 8%??? I only have Microsoft works on my PC (dont know if this makes a difference). I am a spreadsheet beginner!!:?

 

I feel as though I am being really thick and am going to be severely chastised for asking such a stupid question . But this is delaying my application!!!

 

2) Can anyone advise me what date I claim back to eg. if I requested my statements on 14/10/06 by telephone, they sent statements dated back to 19/09/2000.

 

3) As I requested my statements via telephone, I have not requested to have the defaults removed from my credit rating, so can I do this in my LBA letter which I will send with the spreadsheet (once know which one to use).

 

I hope there is somebody who can offer me some advice to start my ball rolling!!

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Hi there,

Don't worry, it gets easier with time and everyone here is so helpful. In answer to your questions:

 

1.

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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Hi there,

 

Don't worry, it gets easier as you go along and everyone here is very helpful - you aren't alone!

 

In answer to your questions:

 

1. Use the simple spreadsheet which works out the 8% interest for you. When it is completed hide the "interest" and "days since offence" columns (format- column- hide) and then print off but don't save with the columns hidden.

 

2. I think you are better to claim back up to, but not over 6 years. This seems to be the standard period at the moment. Claim the 6 years back from Dec 00 or Jan 01.

 

3. Feel free to get the defaults removed. Just add the red section from the template letter. There is a link to the library where you can find the letters.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Hopefully this will be useful to you and perhaps answer your questions. Feel free to ask any more you have and I, or someone else, will answer them ASAP.

 

Regards

 

Simmo

  • Haha 1

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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Thanks so much Simmo,its starting to make a little more sense now.

 

Spreadsheets are my nightmare!! but you have made it clearer, thank you

 

I would not have even contemplated taking on Barclays if it wasnt for this site and knowing the level of support and knowledge that there is.

 

In the beginning it all seems so difficult but from the threads I have read it is worth it in the end.

 

So, thanks to you I can now take my next step forward, no doubt I will use my thread a lot in the future as things get more in depth.

 

Good luck with your claim, I am keeping an eye on the ones that are due for court, just to see what I can expect from Barclays, so I will watch yours with anticipation and my fingers crossed for you.

 

Bluebelle

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Hi All

 

due to work commitments, I have just read through the latest updated threads.

 

I have gone through all of my statements and added up all of my charges over the past 6 years, for my 2 Barclays accounts( one sole ac and one joint ac). Together they total approx £2900 witout interest added.

 

Could have knocked me down with a feather!! :D

 

I am just preparing my prelim letter but wanted to double check that I have included the charges that I can claim and none that I cant.

 

Does anyone know if I can claim for an overdraft fee and unauthorised overdraft fee :confused: . The overdraft fees are only £5 per time and I have about 9 in total. I now it only adds up to £45 but I dont want it to ruin my chances of success along the way, for not claiming for the correct costs.

 

I have read Welshmans thread which advised unpaid outs and paid referrals are ok, so I am clear on those. Its just the ones mentioned above I am not 100% sure of.

 

OOH one last thing is it okay to use one Prelim letter for the 2 accounts??? (I know this has been asked before but I cant find the thread!!! Sorry)

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Fantastic!!

 

Thanks Michael.

 

That makes me a lot happier as it means that I dont have to recalculate my spreadsheets.

 

Have now totalled up both accounts and in the region of £3700, which includes the 8% interest (which I dont claim at this point).

 

So its off to Barclays I go, I intend to hand my charges and prelim letter into my local branch and wait with baited breath........

 

Will keep you all up to date as soon as I hear anything
;)

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I know that you won't need it.... but I wish you good luck anyway!!!

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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Thank you, no doubt I shall be back on in 14 days or so when I receive my stalling letter from Barclays, as you have.

 

Probably with more questions!!!

 

I wish you luck too, I notice that you are one step ahead of me, so it will be follow your success!

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I'm back sooner than I thought I would be, Ireally should learn to think ahead.

 

Does anybody have the most recent address and contact name where I need to send my Prelim letter and list of charges.

 

I have checked the threads but there seems to be a few different address, one in Londeon, Leicester, manchester etc.

 

Was going to hand into local branch anyway but need to ensure it gets directed to the correct place!!

 

OOOOH I am so excited, if only I knew where to send my little package!!!!!

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I don't think it matters too much where you send the letters. I send mine to the main address at Churchill Place, London. The link is here:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=4

 

Cheers

 

Simmo

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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Thanks again Simmo

 

I decided to hand it in to my local branch, so that they could give me a receipt, albeit a photocopy of the envelope, stamped and dated by the member of staff.

 

She advised they would forward it by 'Mail van',which would arrive there the following morning.

 

I too used the Churchill Place address, so its now down to the waiting game.

 

I have already put the 14 day date on my calendar and highlighted it in pink, so I will wait and see what response I will receive.

 

I feel a mixture between terror and excitement.

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Well,Well, Well.

 

Not surprisingly, I have received a letter from Barclays dated 7/12/06 saying how sorry they are that I am unhappy with the charges I have incurred..... blah, blah, blah 8 weeks etc.

 

I was all prepared to send my prelim letter 14 days later when I received a letter today dated 11/12/06 advising that Barclays is aware of the info I have drawn their attention to!! (but I knew that already from the CAG forum)

 

However to my surprise they have offered £1000 without any admission to liability and if I am willing to accept this as full and final settlement....

 

Now, let me take a while to ponder ............

 

I say, letter going in the post that says NO DEAL and I continue forward....

 

Going to go to the step by step to remind myself what comes next...

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Oh Bother!!!

 

Slight hiccup, have just noticed that, as I didnt send the Data Protection letter initially, ( I rang and requested my statements, as wasnt sure I was going to try to get the charges back, so I basically started the process at Prelim letter stage!), I have omitted to include in my prelim letter the paragraph which advises the bank to inform me when a manual interaction has occurred on my accounts!!

 

Can anyone advise me which way to go now???

 

a) Include paragraph in my LBA and give the usual number of days until filing MCOL

b) dont include it, (but this could possibly prove disastrous at later stage)

c)Do a separate data protection letter give 14 days then send LBA and give further 14 days?

 

Also, is it ok to continue onto LBA letter before the 14 days have passed now that I have received a partial settlement or do I wait the 14 days?

 

I was dreading getting further along the process as I knew it wuld get more complicated, so any advice would be a huge help.

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Which letter did you send as the template on this site does'nt mention manual intervention.

 

It shouldn't be a problem however, I also skipped the S.A.R stage as I already had all my statements.

 

With regards to the deadlines for sending your LBA people seem to have different views on this, my personal opinion is to still wait for the 14 days to have passed even though you've received a reply.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks Deller1

 

The manual intervention paragraph was in the Subject Access request and I thought that I had read on one of the threads that if you have not sent the SAR letter it would be a good idea to include it in the prelim letter.

 

Do I send a partial acceptance letter in addition to the LBA?? or can I include it in one letter, I really need to read back through some other threads.

 

Thanks for now and good luck with your claim, what stage are you at??

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Send the partial acceptance letter in response to their offer.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Then if the 14 days have passed from your preliminary letter send the LBA

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

You could add this paragraph into your LBA if you are worried about the manual intervention part.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

My claim is nearing the end I hope, Nat West have returned their AQ and I chased up my local court yesterday to see what their course of action would be next. I was told that NW's defence had been struck out and that they had until 3rd Jan to submit a new one. Hopefully with the Xmas period upon us they may find it difficult to meet this deadline and I'll be able to enter judgement.

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks again ,

I have spent most of the afternoon reading up and have drafted my rejection of settlement letter, have had to tweek it a bit but am happy it has all of the relevant info in it, and I have reitterated my deadline of 14 days from original date of letter, before LBA is issued.

 

I was just thinking of preparing my LBA, as we all know which path Barclays are going to follow....

 

However... I am unsure as to whether I have ever been defaulted on my credit rating. Does it occurr each time you go over your overdraft and are charged or would I know if I had ever been defaulted against... so am not sure whether to include default paragraph in LBA either now!

 

Also in the LBA letter, it quotes ss 7 and 13 of the Data Protection Act but these are in RED. Do I need to delete or include these.....I am so confused now, I have even read the paragraphs from the DPA but am none the wiser!!!!

 

Wish I was at your stage and could feel it was nearly at an end.. Am trying to be prepared in advance but keep coming up against a stumbling block and feeling utterly stupid for keep having to ask questions.

 

All I can keep thinking of is how satisfying it will be in the end!! :(

 

Wishing you luck and hoping NW are unable to submit a second defence;)

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However... I am unsure as to whether I have ever been defaulted on my credit rating. Does it occurr each time you go over your overdraft and are charged or would I know if I had ever been defaulted against... so am not sure whether to include default paragraph in LBA either now!

 

You do not get defaulted for merely going overdrawn or incurring charges. You can check your credit rating at Experian or Equifax in 'Helpful External Links'

Also in the LBA letter, it quotes ss 7 and 13 of the Data Protection Act but these are in RED. Do I need to delete

Yes

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Hi again Michael,

 

Thanks for that, I will go to the external links now, I have previously done a credit check with Experian and it didnt show anything, I mean no defaults.

 

So I presume i will delete that paragraph too.

 

Yippe, excitement has now returned as I am able to go forward with your help..

 

Thanks

:)

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  • 4 weeks later...

Firstly Happy New Year to All.

I notice there are a lot of new faces.. How news travels fast...

I Havent read or posted for a while so have lost some of the threads I was following as they have WON!! Lucky Devils.

But I also have some interesting info. When I handed in my LBA in person to my local branch, the lady who took it advised me to definitely open another account as Barclays WILL close my account definitely.

Obviously I already have opened one but just to let any new members know.

Well, on with my question, I am right in the middle of completing the MCOL and in the particulars of claim it asks for the the amount of interest I am claiming back under s.69 of CCA 1984....

I know I should enter the total of the 8% calculated by the spreadsheet .... BUT I calculated those and saved them back in December, so they will only have calculated up to the date in December.

Do I have to re-do the spreadsheet to get it to calculate to todays date????

Any comments appreciated..

Bluebelle

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Hi,

When i did spreadsheet and it kept it up to date automatically.

Open it and find out.

Claire

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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