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Rooster v Barclays


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Finally received my statements, today, (originally requested on 7th April).

 

I specifically asked for info regarding Manual Intervention. As this was not mentioned in the covering letter, should I assume that there was none, or should I chase them for an answer on paper ?

 

The worm has turned !

 

;-)

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Thanks. That's what I thought.

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The more I read the FAQ the more confused I get.

My confusion is regarding interest.

I have my statements and have calculated charges. The initial letter asking for the repayment of these charges plus interest.

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

This interest, as opposed to the 8%, do we add up ALL debit interest entries or perform some sort of calculation on the figures ?

As soon as I have this sorted out, I can send my letter requesting repayment.

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Sounds as though it might be better to forget that and just go for the charges.

Better that, than be shown to have my figures wrong, in court.

 

Thanks.

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I downloaded the spreadsheet (The one that calculates the debit interest.

 

Out of curiosity, I entered the debit interest figures into the spreadsheet.

 

The first dozen entries calculated the interest on the charges as a fraction of the total interest.

 

After that, the spreadsheet just took the whole amount as being due to the charges.

 

Is that right, or have I muxxed it up ?

 

Advice please...... I'm about to tell the bank how much I want them to refund and I'm unsure about the debit interest figures.

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Bump.

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I downloaded the spreadsheet (The one that calculates the debit interest.

 

Out of curiosity, I entered the debit interest figures into the spreadsheet.

 

The first dozen entries calculated the interest on the charges as a fraction of the total interest.

 

After that, the spreadsheet just took the whole amount as being due to the charges.

 

Is that right, or have I muxxed it up ?

 

Advice please...... I'm about to tell the bank how much I want them to refund and I'm unsure about the debit interest figures.

 

 

Does anyone have an answer for me ?

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I downloaded the spreadsheet (The one that calculates the debit interest.

 

Out of curiosity, I entered the debit interest figures into the spreadsheet.

 

The first dozen entries calculated the interest on the charges as a fraction of the total interest.

 

After that, the spreadsheet just took the whole amount as being due to the charges.

 

Is that right, or have I muxxed it up ?

 

Advice please...... I'm about to tell the bank how much I want them to refund and I'm unsure about the debit interest figures.

 

Does anyone have an answer for me ?

 

 

Hello......?

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OK, I'll try that, thanks.

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Request for repayment going in tomorrow........ £3390 + £195.17 overdraft interest.

 

 

Here we go, Here we go, Here we go....:roll:

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Standard response letter received on 24th May........

 

"..........have referred your concerns to our Head Office team........response no later than 19th June. Enclosed leaflet, etc."

 

Well the next bus leaves on 4th June, whether they're on it or not.

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  • 2 weeks later...

Letter before action goes in tomorrow.

 

Letter as follows.........

 

Barclays Bank PLC.,

Leicester,

LE87 2BB.

 

5th June 2006.

 

LETTER BEFORE ACTION.

Dear Sir/Madam,

 

ACCOUNT NUMBER: ########.

 

 

I am very disappointed that you have failed to respond to my letter of the 21st May 2006.

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 £3390.00 plus £195.17 which you have charged me in overdraft interest for the sum which you have taken. Total £3585.17.

I am enlosing 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 21st May 2006.

 

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 interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully,

 

 

The Rooster.

 

 

 

What do you reckon ? Can I add anything else ? Or is this satisfactory ?

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I have just been searching the FAQs for the answer to this but without success.

 

I am enlosing a copy of the schedule of the charges which I am claiming.

 

I have included the details of the amount that I'm claiming within the text of the letter.

 

Should this also be on a seperate sheet and what should the format be.

 

Is the schedule of charges a printout of the spreadsheet ???

 

 

Letter before action due to go in, tomorrow...... Can anyone advise me ?

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I am only at an early stage myself but I think the schedule of charges means a list or spreadsheet of the individual charges you are claiming. I sent them a spreadsheet with Charge details ie. PAID REFERRAL, Date and the amount ie £25

with a grand total at the bottom. Over six years this was about 138 entries.

 

Hope this helps

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Thanks, I'll do that.:)

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  • 3 weeks later...

Reply received, today.....

 

 

Dear Mr Rooster,

 

I apologise for the delay in replying and thank you for your patience whilst I continue my investigations. Unfortunately I remain unable to respond fully to your concerns because I await further statements. As soon as I have received the requested statements, which I expect to achieve by 10th July, I will contact you again.

In the meantime should you wish to speak to me, please contact me using my direct telephone number 0207 116 4037.

 

Yours sincerely

Rose Frimet.

 

Time is up. Moneyclaim next.

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  • 4 weeks later...

Letter received from Rose Frimet......

 

May I say how sorry I am..........we disagree with your view.......Terms & conditions.......Banking code......etc.,etc.,etc.

Despite my comments above........without any admissions.....I am willing to offer the sum of £1000 towards the total amount....gesture of goodwill....etc.

 

Now that £1000 would be extremely useful at this precise moment and would solve some pressing problems......But !......

 

I have always advised everyone to go for the lot, so for me to take the "gesture" would be selling everyone short.

 

So it's thanks, but no thanks. I want the lot !

:D

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Good for you! :D

 

Keep up the good work.....nearly there now!!! :D

BARCLAYS - £9,807.75

 

Data Protection Act SENT - 13TH JUNE 06

PRELIMINARY SENT - 13TH JUNE 06

LBA SENT - 4TH JULY 06

 

:o CLAIM FOR £9,707.75 FILED - 17TH JULY 06

 

:mad: CLAIM SERVED 1ST TIME - 20TH JULY 06

:mad: CLAIM SERVED 2ND TIME - 22ND JULY 06

:mad: CLAIM SERVED 3RD TIME - 2ND AUGUST 06

 

ACKNOWLEDGEMNET OF SERVICE - 14TH AUGUST 06

DEFENCE RECEIVED - 30TH AUGUST 06

ALLOCATION QUESTIONAIRE - 18TH SEPTEMBER 06

ALLOCATED TO FAST-TRACK - 28TH SEPTEMBER 06

STANDARD LIST OF DISCLOSURE

(BY LIST) AS ON COURT ORDER - 1ST NOVEMBER 06

 

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  • 2 months later...

To show my reasonable nature, I sent my own settlement proposal to Rose Frimet, on Monday morning. I offered to forego the interest for immediate settlement.

This was a calculated risk to show the courts that I had made every possible effort to get a settlement out of court.

 

Guess what!..........I got the answer I expected:D

 

Sod Off !

 

So now its, "Hi-Ho, Hi-Ho, it's off to court we go."

 

I offered them a potential saving (including 8% and costs) of £1250 for immediate settlement.

They refused...... Actually turned my offer down. If it had been me I would have had his hand off.

But then, what do I know about good financial practice?

:D :D :D

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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