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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MKelly44 v Barclays


mkelly44
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Hi,

 

My current situation is as follows:

 

Applied for statements from Barclays , received without a problem and even had cheque returned!!!

 

Sent PRELIM letter, received response saying looking into it blah blah ,,, may take up to 8 weeks.

 

Sent LBA , offering to accept a 25% reduction if they were prepared to pay up so to speak!! Received same letter back saying can take up to 8 weeks etc.

 

Ready to start court claim now but unsure regarding amount to claim as it is just over £5000 without the 8% added on!!!! ( we have had rather a lot of charges in 6years!!!)

 

What I am wondering is whether I should claim for the reduced amount plus the 8 %( anything is a bonus to us really as it is such a large amount!!!)

 

 

Any suggestions would be gratefully received >:O)

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Over £5000 is fast track, but this is nothing to be feared. Yes, you are liable for costs of up to £750 if you lose. But for that to happen you would have to get the bank into court first. The advantage is that there is Standard Disclosure, which means the bank would have to reveal their true costs, something, understandably, they refuse to do and therefore tend to settle rather sharpish.

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Thanks for your reply >:O)

 

so do you think I should claim the full amount of £5140 ? As I said even half of that would be fabulous!!!

 

Since my initial claim, I have had a further 3 charges of £35, although they have refunded 1 of them as it was their fault. Informed them we were in the process of claiming back our charges and they said they were aware of it!!

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so do you think I should claim the full amount of £5140 ?

If it was me, yes. But this has to be your decision. If you are concerned, by all means deduct some of the charges to under £5000.

Since my initial claim, I have had a further 3 charges of £35, although they have refunded 1 of them as it was their fault.

If you decide to go for the lot you can add the other two to your claim

 

Be aware that court fees for claims over £5000 are £250 but this is reclaimable.

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Be aware that court fees for claims over £5000 are £250 but this is reclaimable
.

 

Court fees are also based on charges + interest, so even if you reduce the charges to under £5000 to qualify for small claims track, plus interest will take you back over £5000 and court fee would still be £250. They get you every which way!!! lol

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may as well go for the lot then lol.

 

just wondering if you know of anyone who has reclaimed such a large figure as i feel a bit nervous with it being over £5000.

I was under the impression that you could only claim for less than £5000 if pursuing it through the small claims.

 

Thanks >:o)

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If you are worried, then do as Michael says, and review your figures to lose some of the charges - you could be nice and review the dates you are charging from - moving the six years forward to the date of court issue - that may lose a couple of hundred!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Received a letter from barclays today offering me £1000 as a goodwill gesture in full and final settlement of my complaint.

 

Think the letter is basically a standard letter stating that they don't admit liability and customers are provided with T&C's when they open an account.

 

I am not prepared to accept this amount as full settlement - should I say I will accept it as a partial payment and is there a letter template for this ?

 

Many thanks in advance >:O)

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You can:

(a) Ignore it and file at court

(b) Send the letter minus the red bits and then file at court

© File at court and then send the whole letter

 

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

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Thanks ever so much Michael >:O)

 

Just found the letter now lol. Should look properly before i post!!!!

 

Think I will proceed with the court case now rather than send the letter as the deadline is approaching so would just be wasting time.

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