Barclays Defence

[jimmy]

i am about to write to barclays to claim back the numerous £25/month charges i get when i go over my overdraft limit. Do i need to send £5 to them to get my statements for the last 6 years?

 

Or can I request they calculate the amount i've been unfairly charged in my first letter?

 

I want to do this properly to get my money back!

[BankFodder]

If you know what you have been charged then send them the total. haven't you read the FAQs?

[jimmy]

Hello

 

Apologies if I've missed something. But have limited access to the internet to research fully. I am about to send my first letter with spreadsheet to Barclays.

 

Do I include the interest calculated on the spreadsheet? I saw a post that said not to include interest. What do I do?

 

Many thanks in advance

Jim

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

 

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £765.00 plus £78.83 which you have charged me in overdraft interest for the sum which you have taken. Total £843.83. I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

[Trudianne]

No, no interest at this stage - I think the 8% gets added at the Moneyclaim stage.

 

Go for it!

 

T:)

[jimmy]

ok i'll amend the spreadsheet. so is the letter the correct one?

[harveyt]

if you can point me in the right directin of finding the template for the data protection act letter as i need it cos im just bout to give my bank the bad news, im waiting for the statements but apparently i mite need this letter, if you can then can you e-mail me instructions on what to do; [email protected]

cheers

[why!!!!!!]

hi jimmy,

sorry i missed your earlier post, i read on someone elses thread that you can claim overdraft interest on this letter that you are sending although some people dont really bother with it. The 8% is claimed when you apply to a court, i look at that as a bonus for the bank keeping it warm for you.

best of luck. hope i wasnt to late telling you.

[harry56]

I left interest off in letter, but sent spreadsheet print out which show interest. Not really sure when you add it in or ask for it. I will include it if it goes to court.

 

If it's not in the letter and they settle before court I guess you don't get interest?

[martin2006]

i dont wish to sound harsh in any way but you really should have read through the threads and the FAQs BEFORE sending anything.

 

You are starting a legal process and if you get it wrong so early on you will only have to start over.

 

Read through ALL the posts and you will know what to do

[jimmy]

Hi

 

I've had a reply from Barclays offering me just under half of what I'm claiming. I've read through various posts etc and would like some advice please on the next step. Do I write an LBA letter? This seems pointless as it's similar to the letter I wrote requesting my money back. Or do I go to moneyclaim.co.uk at this stage?

 

Confused

Jimmy

[jendoc]

Hi.....Check out this link and then read through the FAQ which contain valuable info about your next step!

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

 

FAQ http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Jendoc

[Missy29]

I am in the same position, and I have just posted my LBA.

 

The way I see it is use the step-by-step procedure and you surely can't go wrong. I know what you mean about repeating yourself, but you are just playing the banks at there own game.

 

Good luck.

 

Missy.

[bearo]

you need to follow the set procedure, if you have only sent a pelim letter you now need to send your letter of rejection which is in the templates library and also your letter before action once 14 days are up on your pelim letter..... dont be tempted to take short cuts, the process here works why mess with it?!

Any questions please ask!

Sharon

[jimmy]

Thanks for this I'm going to prepare my rejection of settlement letter. I wrote to Barclays on 8 Sept - they replied on 22 Sept. Within the 14 days...so do I still need to send this rejection of settlement? Or do I just send the LBA? I'm just not sure what date to put in the template settlement rejection letter ??

[jimmy]

Hi

 

After reading the FAQ's and people's emails I am still unsure which letter to send. Have I gone wrong somewhere?!!

 

I sent my prelim letter asking for £XXX back. I received a settlement letter from Barclays within the 14 days.

 

Now what step do I take? Do I:

 

1. Send the rejection of settlement letter? or

2. Send the LBA letter? or

3. Should I have already sent these?

 

I paste below my prelim letter to which Barclays replied to with a settlement.

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

 

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £765.00 plus £78.83 which you have charged me in overdraft interest for the sum which you have taken. Total £843.83. I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

[Welshman]

Hi. Sounds like you need to do a lot more reading of this forum.

 

You've had your statements and sent your prelim letter and received a reply with an offer on the 14 day deadline. So their 14 day time is up. Now you need to give them another 14 days by sending them this letter - the LBA. You can include the rejection-letter in the same envelope. You should also include the spreadsheet which does not include the 8% interest. That kicks in at court filing stage.

 

God Luck

[jimmy]

I have started my MCOL claim. Barclays have 14 days from today!

 

I recalculated the amount they owe me (had a couple more charges since my previous letter). I haven't attached this spreadsheet with my court claim - should I have done this?

 

Now I just sit tight until the 14 days are up ! Fingers crossed?!!

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[trolley]

you can also email your schedule to them. the email addy is on the site

[jimmy]

My claim was served to Barclays on 20/11/06. the claim was acknowledged on 1/12/06. Under the "Judgement" link it gives me 2 options. I'm not sure which one to select (if any). It states "Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

 

 

 

1. The defendant has not filed an admission or defence to my claim

(Judgment by Default)

 

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

 

 

2. The defendant admits that all the money is owed

(Judgment by Admission)

 

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request."

 

 

Your help is greatly appreciated.

[jimmy]

My claim was served to Barclays on 20/11/06. the claim was acknowledged on 1/12/06. Under the "Judgement" link it gives me 2 options. I'm not sure which one to select (if any). It states "Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

 

 

 

1. The defendant has not filed an admission or defence to my claim

(Judgment by Default)

 

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

 

 

2. The defendant admits that all the money is owed

(Judgment by Admission)

 

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request."

 

 

Your help is greatly appreciated.

[hellsbellz]

The post jackie made on my thread is really helpful. Follow the link below:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29278-hells-bellz-barclays-3.html

[Spotted Dog]

Barclays have now got 28 days from when your claim was served to file their defence. They normally do this at the last possible moment. If by around 25th December thay have not filed a defence then you can try for a judgement by default. Even at this stage they can still put in a defence and the default judgement will not stand.

 

Read the threads in this forum and you will see what generally happens.

 

Spotty

[Bailiffchaser]

If they acknowledge then they 28 days. from the date of service. So you would be looking at 17/12/06 before anything happens .

[jimmy]

Thanks guys I'm clear now! Fingers crossed.

 

Only problem is that I'm in Australia at the moment so will have to ask my flatmate to keep an eye on post.

 

Hopefully this won't be a problem?!?