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    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and inform the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court? You can be certain that these people do not want to go to court. In fact they probably wish they had never started. Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing the offer, I'm suggesting already that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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Niknak v Barclays


niknak
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Hi all,

 

I've just logged on and am about to enter into a crusade for my partner's £500+ in bank charges with Barclays. Any tips, nuggets of advice greatly appreciated.

 

Cheers

 

Niknak

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Hi nik

 

Start by reading the FAQ's and the step by step and this will help both can be found on the main page of the forum in RED.

 

Spend a few days reading as much as you can and also the Barclay's forum and you will see how others have done this.

 

Start your own thread if you have any questions and keep to this thread so others can follow how you are doing and give you all the help and support you may need:)

 

Good luck

 

Welly;)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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  • 3 weeks later...

Today I received a DATA PROTECTION ACT letter from Peter Townsend Manager Barclays Data Protection (Knutsford Cheshire).

 

It contained the usual flannel that the bank is ' under no obligation ' and that it will not 'comment about internal policies and procedures'.

 

He did return my cheque and say that copies of my statements will be with me in a few weeks (they have 2).

 

Got the highlighters primed and ready!!!!!

 

Come and get it!!!

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  • 1 month later...

Right guy's,

 

I've been very busy at work lately, but good old outlook has been pinging up all sorts of deadlines and this is what I've done so far:

 

25/9 Statements Arrived

2/10 Sent Prelim Letter

5/10 received usual rubbish that they can't manage my timescale from Mike Brophy

18/10 Sending LBA tommorrow

 

I hope this is correct

 

Cheers

 

NIKNAK

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Well done NIKNAK (great avatar by the way)

 

It would be nice if you could keep us posted about further progress of you claim in the Barclays forum, this leaves the welcome forum clear.

 

Crusher:D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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  • 2 months later...

Hey Guys,

 

I've eventaully got round to filing at MCOL, I know I have to send a copy of my schedule of charges to the bank, but to whom do I send them?

 

Also I send a copy to the court but which one?

 

Thanks in advance

 

Nik

 

 

CAN A MOD PLEASE DELETE THIS POST PLEASE Thanks:D

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Hi your posts now moved to Barclays bank group.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Just received the Acknowledgement of service today and it seems that Adrian St John will be defending the claim.

 

I am now just putting the finishing touches to my court bundle and I notice that my claim which has dragged on due to work commitments has now one charge dating back to 10th 2000 and I've sent the list of charges. Does this predjudice my claim in any way? I started the claim process back in September 2006.

 

Any help would be greatly appreciated?;)

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Guys,

 

I now have one claim over the six year threshold (it was'nt when I started) and I'm waiting for the Allocation Questionairre. Is this OK? If not how would I go about changing this, getting a bit twitchy now, as my partner has put all her faith in me and I don't want to c**k it up

 

Cheers

 

Nik

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Right Guys,

 

I've just had my partmers claim acknowledged, Barclays now have about 18 days to file a defence.

 

If I claim back 6 years from my first letter, I will miss out on about 120 worth of charges, that have been recently charged.

 

Can I contact Mcol and Barclays to change the schedule of charges or do I just have to go with it?

 

Any advice really appreciated

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  • 4 months later...

Please can a Mod change my thread to ****** Won *******

 

Eventually got my partner to call Barclays and when they heard they were going to be in court within the week the settled there and then.

 

They offered about £120 less than I was expecting, but my partner just took it and ran. I have just donated and completed the survey, Thanks to all the very patient people who took time to give me advice and guide me through this

 

Doing this is really simple and if anybody could have cocked it up I could, so every body should go for it!:D

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*\o/* CONGRATULATIONS

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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