Nikki1000 v Barclays

[Nikki1000]

Hello all, I've recently registered with CAG and started off the process as advised. I have received the statements and calculated the charges to be £1510. The overdraft interest was minimal in the scheme of things, not to mention difficult to accurately work out soI have not included this in my claim.

I sent the following on 20/12/06 but not had a reply yet.

 

I get the impression Barclays are one of the more stubborn banks to deal with - I just wondered if anyone has heard of a case where Barclays have successfully defended a claim yet?

 

Thanks

 

=======================================================

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 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 £1510.00

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.

Yours faithfully,

 

 

=====================================================

 

[livelylad]

As far as I am aware they have not. Just stick to the time table they will respond and in the end settle your claim in full. Take the time to read up on the FAQS and step by step instructions.

[Nikki1000]

Thanks for the advice

 

I've just received a standard letter on the 14th day after I sent the first letter saying that they will try to find a solution within 4 weeks and will send a full report or an update on progress within 8 weeks after they have "investigated" the complaint.

Do I wait or send the LBA staright away?

 

Thanks again

[why!!!!!!]

carry on with the LBA nikki.

Stick to your timescales not theirs.

Just adjust the LBA to say that you are disappointed that they failed to respond positively within the timescale given in your first letter.

Hope this helps

[Nikki1000]

Thanks for the advice - as it happens another letter was posted today from Retail Bank Customer Relations in Swansea offering the sum of £790 as a "gesture of goodwill, in full an final settlement" even though they disagree with my view. Considering the total amount requested was £1510, I am willing to reject the offer and take further. Do you agree this is the best course of action and how long can it take from here to final settlement?

 

Thanks

 

Nikki

[Nikki1000]

Can anyone help please?

 

If the bank have sent me an offer before I have sent the LBA - do I just send a rejection letter, or do I send a rejection and LBA letter combined together?

 

Thanks

 

Nikki

[why!!!!!!]

Hi again,

Carry on and send the rejection letter and the LBA.

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

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

adjust the wording of LBA.

[Nikki1000]

Hi

 

i've received an offer before I've sent the LBA. I want to reject the offer and send the LBA at the same time. Is it ok to combine these letters into one - something like the following???:

 

 

LETTER BEFORE ACTION / REJECTION OF SETTLEMENT

Dear Sir/Madam,

 

ACCOUNT NUMBER:

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.xx

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.

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.

 

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 calculate that you have taken £xxxx.xx.

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 xx/xx/xx.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

I trust this clarifies my position.

 

 

Yours faithfully,

 

 

[Nikki1000]

Hi all

 

It's now been 14 days since I sent the Rejection Of Settlement and LBA and not received a reply. Is this common and should I pursue the money claim on line?

 

Thanks

 

Nikki

[sandbag]

Hi Nikki - Barclays did not respond to me either so i continued as per the guidelines on the forum and began my claim through the courts.

 

Hope that helps

Regards Sandbag.

[Nikki1000]

Ok - I just wondered whether it would be worthwhile ringing them tomorrow, explaining my intentions, and pointing out it would save them £100 court fees and £250 statutory interest if they pay in full now?

 

Thanks for your help.

[Falcom]

Doubt you would have any luck - check Milo19 thread - only got settlement 45 mins before due in court. It would seem that they wont even talk about making settlement once you have a court date and even then leave it until the last moment.

 

Just remember the money you are claiming is earning more interest than if it was in a Barclays Savings Account!

 

Peter

[Nikki1000]

Hi

 

Just to let you know - I rejected the offer of £790. I called Barclays up to say that I intended to pursue the court claim to see if they were prepared to change their offer. They say they would increase their offer but only to £980 (Approximately two thirds of the full amount). As I really need the money now and the court claim could take another 3 months, I have decided to accept the offer.

 

Thanks for all the advice.

 

Nikki