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    • your claim is against whomever fitted that parts.  
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Chris_d vs Barclays


chris_d
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First off, the wifes account :wink: .

 

Sent the SAR on 08 Dec 06 and on 03 Jan I received the statements dating back to 03 Oct 00.

 

I've since calculated the charges and less interest they owe her £825 in unlawful charges.

 

On 04 Jan I sent the Prelim letter (recorded) along with the charges schedule (both in the respective formats taken from the templates section) claiming the £825 to be refunded.

 

However, today when i was calculating the charges for another account i noticed that i have made a mistake on the calculation sheet for this claim.

 

At the top of the spreadsheet where all your details go it says Period From xxxxx To xxxxxx. The period i am claiming from is 12 Oct 00 to 18 Dec 06, however i have just noticed a typo on my submitted schedule and it actually says 30 Oct 00 to 18 Dec 05, although the final charge is 13 Dec 06. All the dates associated with the charges listed in the table below are correct.

 

Obviously this is a legal document and if they wanted to they could use the typo in their favour. Thefore, should i re-submit another Prelim letter with the amended From/To dates on the schedule, wait and see what they reply with or, submit an amended schedule with the LBA.

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Still waiting some advice on the above, also the prelim was sent first class recorded on the 04 Jan but according to royal mail track and trace it still hasnt been delivered, or at least it doesn't show on their computer as having been delivered yet.

 

When do my 14 days start or should i send another prelim?

 

 

 

 

oh, and christ this forum moves fast. Barclays must be getting hammered

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they don't bother reading these letters anyway, they just respond with templates regardless of the specifics of your claim. (I get the impression they're snowed under) So don't worry, and just send an amended LBA in line with your timetable. They won't pay up in full until you file a court claim anyway.

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dunno whats up with track and trace but hey, received a letter from Mike Brophy (Customer Relations Manager) at Barclays today (Dated 10 Jan) acknowledging my prelim letter. It reads like a standard reply, "received your letter on 08 Jan", "sorry to hear you are not happy about the charges" etc etc and then goes on to say that they'll be "finding a solution within 4 weeks" and "a full report will be sent to you in 8 weeks".

 

Also states "please refer to the leaflet enclosed" - funny, as no leaflet is enclosed.

 

So, LBA will be sent on Thursday 18th, which is 14 days from the 4th Jan when the prelim was dated.

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Ok, LBA prepared, does this look ok? (taken from templates & edited accordingly):

 

Dear Sir / Madam,

 

LETTER BEFORE ACTION

 

Sort Code: xxxxxxxxxx

Account Number: xxxxxxxxxx

 

Thank you for your letter dated 10 Jan 06 which arrived on 16 Jan 06. However, you have failed to respond positively towards the requests in my letter dated 04 Jan 06.

 

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 £825.00 in unlawful charges against my account between 12 Oct 00 and 18 Dec 06. Also, please note, due to a typing error on my behalf, I am enclosing an amended copy of the schedule of the charges I sent you with my original letter dated 04 Jan 06.

 

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

 

Yours faithfully,

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You are only a few days ahead of me with Barclays, so interested to see who gets there first ;)

 

Good luck!

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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  • 2 weeks later...

Update

 

Received a letter today, signed Susan Harris (Customer Relations Manager), enevelope was hand written too.

 

Anyway, looks like a standard reply with a goodwill gesture of £430 (full amount is £850 ish)

 

Have spoken to the wife and she is adament (sp?) that she does not want to get involved with the court stage whatsoever, so unless i convince her otherwise we may be settling for this (although not accepting any terms etc etc).

 

Will update you on the overall outcome.

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look, all you have to do is lodge the claim and barclays will settle for the full amount before the hearing date. You want to throw away half your moeny thats your business, but I'd show her who wears the trousers personally.. (unless she does eh! ;))

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but I'd show her who wears the trousers personally.. (unless she does eh! ;))

 

haha.....as if ;):rolleyes:

 

Mate, personally i'm with you 100% but, she's the one signing the letters. Also, we have a predicament being that we are currently based in cyprus until Jan 08, so making a court appearance (I know, i know it won't happen :rolleyes: ) or at least being prepared at the last minute to make one could be a logisitical pain in the bum, as well as costly (flights etc). Basically, she aint convinced it won't go to court, its nowt to do with the trousers at all.

 

I have convinced her though, to call this afternoon though requesting a reason for the goodwill offer and try to squeeze some more out of them. (see paul vs barclays - settled).

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