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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Start of a battle


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Hi all,

 

I am a newbie to al this I have decided to take barclays on to claim my fees back.

 

I was recommend to make any estimate ( bbc website ) in hindsight not the best approach I guess. Anyway the no more mistakes for me. I sent the letter on the 4th of jan and they recieved it on the 6th Jan. Today they have written to me saying they may not be able to look into the issue until the 30th Jan 2007. The letter came from customer relations in Leciester. Any advice on how or if I should repsond. The 14 days are up on the 18th January or the 20th if we go from there reciept.

 

Has anyone else recieved this type of letter with a customer complaints leaflet ?

 

Reading this thread it seems Barclays are one of the most challenging of the banks has anyone lost or gone to court yet ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Ok. Your post is not very clear as to what stage you are at. Have you worked out your charges and sent a prelim letter?

 

If so, the 14 days start from when they received/signed for the letter. Whatever they have said in their letter about when they can look at your complaint, does not exclude them from your timetable. Once the 14 days are up, issue the Letter Before Action and then onto your court claim.

 

Barclays are paying up the same as all other banks, but they will have to be dragged, kicking and screaming all the way.

 

Stick to your timetable.

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Sorry for not making sense trying to type with my daughter on my knee. Kids eh

 

Yes my prelim letter has gone in with estimate only the branch were not so forth coming with in letting me have my history, and i was put off.

 

After visiting this site I know have learnt that I could have got them by other means ( writing ), Still the ball is rolling now, should I still obtain my accounts for the last 6 years ? I assume I will still need these if I go to court.

 

In the meantime thanks for your advices.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Estimated using last 12 months staetments as per bbc website !!

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Thats fine. Just continue with your claim and stick to YOUR timescale and not theirs. You will not need your statements for court. You have now had to estimate your claim because they failed to comply with your SAR request. This will not be in their favour should it go to court.

 

However, I very much doubt that it will ever get there. Barclaycard will settle before have to make an appearance.

 

Keep posting here and keeping us uptodate with your progress and correspondence received.

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After visiting this site I know have learnt that I could have got them by other means ( writing ), Still the ball is rolling now, should I still obtain my accounts for the last 6 years ? I assume I will still need these if I go to court.

 

If I am reading this correctly, you never sent the Subject Access Request letter from the templates library.

 

They will not take you seriously if you estimate your charges, and you may even be owed a lot more than you think.

 

If you are planning on going all the way with this, you will need to supply dates and amounts of all charges claimed in the charges schedule. Also, it will be impossible to calculate the Statutory 8% interest for MCOL from an estimated figure.

 

I would strongly recommend that you read though all the FAQ's and start again from scratch (S.A.R) stage.

 

Barclays will apply to stike out any claims that are not strong enough to enter a courtroom, and even though you will probably never get that far (as nobody has yet) you have to face the fact that it could happen, so dont leave yourself up the creek without a paddle so to speak..lol

 

Hope this helps and Good look with your claim

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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BMW. This is not so. Barclaycard and Abbey are the two banks from whom it is very difficult to receive your statements as they claim that all information prior to 2004 is held and microfiche. Lots of people on this site, including myself, are successfully reclaiming their charges using estimated schedules.

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But this is not Barclaycard, this is Barclays Bank. I got all my statements back to 2000 without a hiccup. I am not replying to a post on your thread, so I cannot comment as I dont know the circumstances surrounding your claim. From what I have read so far on this thread, there has been no action taken via S.A.R to obtain this info.

 

I strongly advise reading this thread, as Rooster one of the site helpers explains why an estimate is not a good way to proceed.

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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microfiche workaround

 

Read this thread!

 

 

But the thread that I am posting in now is not relevant to this because the information has not even been requested Via S.A.R.

 

Barclays have not even had the chance yet, to non-comply.

 

I am not here to debate the barclaycard/microfiche subject, but to answer a question with an honest opinion and help another newbie to avoid any obstacles that may get in the way of a successful claim.

 

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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After visiting this site I know have learnt that I could have got them by other means ( writing )

 

Nahh, from this quote I get the impression that they have not actually sent S.A.R letter.

 

Maybe they just asked over counter at branch, which is not always the best option, as you dont have anything in writing to adhere to.

 

I obtained my statements over the phone, and they arrived within 3 weeks, but I had a S.A.R ready to post just in case.

 

As a last resort, an estimate would have to do, but you would need proof that all attempts were made to obtain the said information.

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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Yes indeed. Apolgogies BMW, think I have got my wires crossed here. It is best to request statements and go down the estimate route if proving difficult to obtain. I had this with Barclaycard myself. I am claiming on an estimated schedule as they would not provide me with statements prior to May 2004. Other people have had to venture down this route too.

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Dont worry bout it, easily done.lol

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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Share on other sites

Nahh, from this quote I get the impression that they have not actually sent S.A.R letter.

 

Maybe they just asked over counter at branch, which is not always the best option, as you dont have anything in writing to adhere to.

 

I obtained my statements over the phone, and they arrived within 3 weeks, but I had a S.A.R ready to post just in case.

 

As a last resort, an estimate would have to do, but you would need proof that all attempts were made to obtain the said information.

 

Emz:D

 

 

To clarify Yes I asked at the Branches and was kindly told it could not be done. I suspect now this was a delaying tactic. BMW did you ring your branch to get your statements ?

 

Also in the meantime what should I do as I have sent a let based on Estimates ?

 

Do I let all correspondence to this original claim go by the by or do I correct myself with the correct figure but explain that my branch said i would not be able to obtain 6 years of statements.

 

I assume by at least telling them I made an failed attempt this will at least help my claim when I have my statements.

 

I wish i had found this site first to have a better picture of what i was doing. Still I have learnt at a very early stage I guess. Thank you for all your help up until now!!!

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Using estimates is perfectly ok so long as you can show the courts that you made every reasonable attempt to get the information. I know you asked them for this and still havent got it, but there is nothing in writing to say you did.

 

Did you take a SAR letter into the bank, or did you just ask them verbally. Sorry if we are confusing you but I thought you had handed in your SAR at the branch.

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It was a verbal request. So really quite hard to prove my word against theres. I will be obtain my statements for the last 6 years and precede from there. It just how to tidy up from this small dilemma, with estimated costs.

 

Aside to my bad start here. I think it might be worth the moderaters getting a link on the BBC website from there article if the isnt one already there. It could help a alot more people who are attempting to challenge the banks and read how simple it apears to be.

 

Its only simple if you have the determination.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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intercityman,

 

When I was about to start my claim, I approached my local branch for statements. It was quite funny really, that the girl behind the desk didnt have a clue. She said, 'oh my god, thats gonna cost you a fortune, theres a £5 charge per statement.' I just laughed and informed her that the most the bank could charge me was £10 per request not per statement. She called over the Branch Manager and she didnt have a clue either. In the end I gave up and telephoned call centre 08457555555.

 

Spoke to guy, asked him for statements for last six years, he wanted to know what it was for, and then he went on to say, if it was to do with bank charges I wouldnt have to pay the £10. Statement arrived three weeks later.

 

You could take that approach, but I would still recommend the S.A.R letter as the best approach for information.

 

emz:D

  • Haha 1

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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Share on other sites

Thanks SAR has gone today. Also outlined branch issues so they maybe can give some internal training. Its a wait and see now. Also preparing MBNA SAR but think I will take a look at MBNA threads as I think Barclays seem to be the hardest egg to crack ( in terms of taking it right to the end. well almost anyway )

 

Again thanks for your help in help a stupid newbie get things right!!!

 

Good Night

 

Jim

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Your welcome, and I was exactly the same when I started.

 

Dont be afraid to ask questions, were all here to help each other.

 

 

 

 

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

Link to post
Share on other sites

Quick Question: Should I pursue any letter I get based upon estimates now that I have formal asked for my Accounts ? Or should I ignore this and start again when my accounts come through

 

The Original Letter is due to expire in 3 days and I asure Barclays will respond. Of course when and if they do I will post the letter here.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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