Blobalbob v's Barclays

[blobalbob]

I'm inspired.

I've lurked on the threads for a while and finally got the courage up to write to them 2 weeks ago. I calculated my claims and sent the standard 1st letter.

I've just had back a letter today and they are offering half my claim already! Not bad for about 5 minutes work, thanks so much.

I'm now inspired to go for the full amount.

I have 1 question though, most of my charges are old, i.e. very close or over the 6 year mark. Each week more drop out of the 6 years. If this goes all the way to a court claim how strict to the 6 years are they? I ask as they are already offering probably more than strictly half what they owe if they looked at it properly. If I continue this my claim would really be a bit lower if the 6 year rule was strictly enforced. Its my fault really I got my statements about 67 months back but was too scared to go for it. Can I use that as my start date?

Cheers for everyones help

Bob

[bottomburp]

deleted

[blobalbob]

Hi bottomburp, thanks for that article. If this is the case then my 1st claim is actually under what I am owed? I dropped some of the earlier charges from my schedule as i thought they were passed the 6 years, i.e. 2000. Can I now go back and claim more? I'm about to send the LBA, shoudl I up my claim int his letter? How would you word somethign like this? "It has additionally come to my attention that my claim also includes £xxx from charges in 200-. Therefore I am looking for a refund of £original + £additional = £xxxx"?

 

I'll look into contractual intrerest but it looks mighty complicated

Cheers,

Bob

[blobalbob]

anyone able to help out on this question?

[bottomburp]

deleted

[blobalbob]

Once again, thanks for the excellent advice bottomburp. I'm off to recalculate!

Bob

[blobalbob]

Hi, sorry for the delay. Work and Christmas took over. I've just spent an evening reading about Contractual Interest and trying out the spreadsheat. WOW! My claim has gone from £700 to £1700 at current APR authorised or almost £3k at 26% APR. I'm now reading up and seeing what others are experiencing. I see that it is rather difficult to Claim CI and there are a lot of defenses being filed when this is claimed. Anyone actually won their CI as well as their charges back?

Happy new year to you all as well!

Bob

[bottomburp]

deleted

[blobalbob]

OK, done my time by reading 40 pages of "Why is no one claiming the contractual rate of interest???". I get it and I'm gonna go for it. Charges + Contractual Interest @ unauthorised rate here I come..

[bottomburp]

deleted

[blobalbob]

Game on!

 

New Prelim with Contractual Interest sent by signed for delivery...

 

Retail Banking Customer Relations

Leicester

LE87 2BB

 

 

 

Dear xxxxxxxxxxxxxxx

 

RE: Revised request for repayment of charges

Your Ref: xxxxxxxxxxxxxxx

 

SORT CODE: xxxxxx ACCOUNT NUMBER: xxxxxxxxxx

 

Thank you for your letter dated xxxxxxxxx 2006, offering me the sum of xxxx. I am prepared to accept this amount as a part-payment only towards the full amount, which I have now recalculated.

 

While waiting for your response I have spent the time effectively, researching the issue of reclaiming charges. I now realise that I am entitled to add contractual interest to the whole of my claim. As I am substantially revising my request, and in the interests of fair play, please take this letter as a fresh preliminary request for repayment.

 

My request

I am writing to ask you to refund to me the charges which you have levied on my above-mentioned account as detailed in the supporting spreadsheet.

 

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 xxxx in unlawful charges within the 6 years since this coming to my notice in xxxxxxx 2006.

 

In addition to this amount, I also claim interest at a rate of 27.5% as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity:

 

Therefore the total amount owed as of today’s date is £xxxxxx

 

My targets

 

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.

 

 

Yours Faithfully,

 

Bob

[blobalbob]

OK, I've now had another reply from Barclays. Any suggestion on what I do next?

 

The story so far...

1) I sent a standard claim for around 800

2) They have offered 350

3) I applied contractual interest at unauthorised rate and my claim went to over 1500. I sent the above new prelim

4) They replied saying sorry but tuff, our offer stands. They did not acknowledge the contractual interest at all.

5) This weekend I went through my statements again and I notice that some of my charges were previously refunded, approx 250, which leaves an outstanding balance of about 550 (without interest).

6) Also, when I originally requested my statements they sent them going back to 1998. During 1999- 2000 I was really badly charged. But as these were out of the 6 year window I didn't include them. Now I hear people are claiming more than the 6 years. If I did this it would add about another 300 to my claim + much higher contractual interest if I claimed this as well.

 

so do I:

1) Take the 350 and run

2) Go for the existing claim, less previous refunds, of 550 and demand a full refund

3) Do this but also apply contractual interest = about 1700 in total

or,

3) Go for all 8 years worth, less previous refunds, about 850 in charges + contractual interest = over 2500?

 

Any help of suggestions would be great.

Hope everyone else is still doing well with their claims!

Bob

[natwesttookmymoney]

Hi, Bob

 

These are my suggestions:

 

" so do I:

1) Take the 350 and run

2) Go for the existing claim, less previous refunds, of 550 and demand a full refund probably not

3) Do this but also apply contractual interest = about 1700 in total

or, Getting better

3) Go for all 8 years worth, less previous refunds, about 850 in charges + contractual interest = over 2500? Now that's the way to do it!