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stupar6 v Barclays


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I have spent alot of time looking through claiming back the bank charges. So far im not sure how its going , they offered me less than half which I declined next step is applying to the court as i've not heard back from them yet. :???: :???: :eek:

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Hi and welcome to the site,

:p

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!! :wink:

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

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

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

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

  • 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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Guest Mumofthreeboys
I have spent alot of time looking through claiming back the bank charges. So far im not sure how its going , they offered me less than half which I declined next step is applying to the court as i've not heard back from them yet. :???: :???: :eek:

 

Can you tell us what letters you have written? A little more information would be helpful.

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No need, the bank will be notified that you have issued a claim against them within a few days.

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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I am at the same stage and been searching this forum for the details too. Any help would be appreciated as to what need to be written in the brief details.

 

Many thanks

 

Steve

Barclays -

- initial letter sent

- LBA sent 30/10/06

- settlement "good will" offer 10/11/06

- rejection letter sent 11/11/06

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here you go guys......

 

 

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

  • Haha 1
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Jos, many thanks, I already have that, it is the initial brief details to put on the front of the N1 claim form - soz for this but I waiting to send off and this is holding me up.

 

Steve

Barclays -

- initial letter sent

- LBA sent 30/10/06

- settlement "good will" offer 10/11/06

- rejection letter sent 11/11/06

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Oh Jos, the interest figure?? Did you put the figure as calculated on the spreadsheet at the date you filed, or just put that you are claiming 8% interest of the total amount claimed? And did you put that figure in the boxes at the bottom of the form, or is that for the courts to fill in???

 

Ta

Barclays -

- initial letter sent

- LBA sent 30/10/06

- settlement "good will" offer 10/11/06

- rejection letter sent 11/11/06

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are you claiming through Moneyclaim online?

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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It's worth a try, what stage are you at?

 

If you feel confident that you won't be bullied call him and say you want the full payment, if not then you'll be going to court.

18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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They'll probably offer less than the full amount, if you are prepared to go to court they will pay up before you get in a courtroom.

 

Prepare your bundle and make sure you have all you need. If you show the bank you are serious and well prepared, they will pay you what they owe you.

 

Take time to read and be sure to understand other threads and the FAQs.

 

Don't panic and don't get pushed around by the bank.

  • Haha 1

18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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What you need to do is start your own thread in your banks forum and keep us informed of any progress and ask any questions on there, you have already had the answer to this question above and it is also in the FAQs and step-by-step guide. 3 Copies, 1 for you and 2 with your N1 form handed in to the courts (1 for court and 1 for the bank). If you haven't done this then you will have to add it on.

Ex CAG helper ^_^

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After having no joy in being able to speak to anyone on the phone i posted my letters off to court i have today recieved 'notice of issue' and a date for barclays to respond.shame it wont be before xmas:eek:

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