Genuinely confused about claiming of interest!

[imamum!]

I sent my DPA letter on 27th March and received a reply a few days later.

 

"...As regards your mention of "manual intervention" could you please explain what you mean by this term and in consequence which records you believe may be of interest to you..."

 

this was my reply...

 

"...I would think that it is quite clear what is meant by the term 'manual intervention'. However, to clarify my request, in addition to the details of transactions and charges applied to my account (including individualu dates and amounts) since xxxx, i would also ask for any evidence that shows when an employee actually checked my account, applied a charge, allowed or disallowed a transaction, or indeed sent a leter due to any incidence resulting in charges applied to my account (as opposed to any automated systems that are in place). I would like the date and time of such interventions, and also the first name or initials of the member of staff involved in each of these interventions..."

 

I received this today...

 

"...With reference to your subject access request under the data protection act, we are pleased to inform you that your request is currently underway. In consequence, any material that qualifies for disclosure as your 'personal data' will be sent to you within the statutory 40 calender-day period. As regards to your mention of 'manual intervention', the data protection act does not oblige the Bank to comment about matters that amount to internal policies and procedures..."

 

Can anyone offer anything on this one? do I need to pusue it (and how)? Is it that important?

 

I have received my copy statements and totalled 450 quid in charges... should i just continue with sending the initial letter for claiming back this amount? I'm not sure what my next move should be...and i'm sure that's what they're trying to do - make it as difficult as possible and confuse us so we give up, well it won't work with me!!

 

I think this site is great by the way! (1st post!) and i've told all my friends!!

[alanfromderby]

You've asked the question - they have refused to answer, job done!

 

If they now try to use manual intervention as a defence in court the judge will not be impressed.

[Rooster-UK]

It seems to be their standard way of delaying things.

Virtually word for word the same as the reply that I got.

[jonni2bad]

Hello imamum! and welcome to the forums.

 

Great first post... looks like you have spent some time reading up first, which is good news.

 

Alan's response says it all really, no need to worry, just proceed as per guidelines.

 

Best of luck with your claim

[imamum!]

Thanks for that guys, I'm determined to get my money back off this Wunch of Bankers!!! (Cheers Rooster-UK, made me )

[imamum!]

OK, I'm not daft, I've been through the FAQ's, read posts til my brain buzzed and my eyes watered but I still need clarification on this one!

 

I have got to the point where i'm ready to send off my request that Barclays refund my charges, I've calculated the total amount to be 450 quid on one account and 25 on another so i'm going to ask for this back. My confusion lies with whether or not i should add the interest on now or wait til i threaten action...

 

I keep reading on peoples threads advice to wait before adding the interest yet the preliminary request for repayment template includes interest charges, can someone please enlighten me as to what I should do, I really want to do this right and UNDERSTAND it too!

 

Thanks

[Overdrawn]

Interest is a confusing issue and MOST (not all) people cannot be bothered about working out the amount for the initail prelim letter as it is quite complicated.

 

I personally would suggest that you go for the straight forward charges and then if you have to file a court claim add 8% then as that is easy to do with the spead sheet. Hope that helps x

[imamum!]

Thanks for your reply, but I also wondered if i wouldn't be able to claim it later if I didn't include it in the preliminary letter, does that not matter? If not great, I'll send it tomorrow!

[imamum!]

I'm there now! I've just been looking around again and found the answer to my question, I think I confused myself by reading too much before! I'm a little daunted by what I'm reading about Barclays determination to leave it to the bitter end!

 

 

 

Please stick to 1 thread!

[Spiceskull]

Hi,

 

Interest and what to claim are hotly debated issues here, with interest being the 'undecided' element. In a nutshell, if you didn't agree to the charge, then you can claim it back. If you use the following as a guide you should be okay:

 

You can claim for everything on your statements that is not a justifiable service fee, or justifiable interest:

 

Claim:

 

* Penalty Charges applied to your account. This is for exceeding overdrafts, referral/representation of DD’s and SO’s, cancellation of DD’s and SO’s, card misuse charges - the list is long!

* Interest charged to your account for any of the above

* When the interest is applied to the penalty charges, then this interest should be included in your claim

* If your transaction history identifies what interest is applied for what reason, then be honest about the amount you request

* If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to

 

 

Don't Claim:

 

* Agreed fees, such as £5 monthly overdraft arrangement fee

* In any 'charging month' if you have an interest charge, but no penalty charges, then clearly this is 'legitimate' interest charged to your overdraft. Do NOT claim for this

* Additionally, this figure can be used to apply an 'average' to your interest 'proper' charges over the months - i.e. deduct this figure from 'Interest Charges' each month, and the remainder will be an approximate figure for interest applied to penalty charges

* Any concept of costs or time at this time

* Interest other than that which appears on your statements

* Interest at 8% APR (that comes when you raise your claim at court)

 

Good luck with the letter.

[Rebel UK]

Hi Spice,

 

The only issue I would contend is the '* In any 'charging month' if you have an interest charge, but no penalty charges, then clearly this is 'legitimate' interest charged to your overdraft. Do NOT claim for this'

 

If I'm charged penalty charges the previous month which put me in an excess overdraft position the next month, then this position can be assumed to be caused solely by the charges the previous month, in which case, I would claim the interest for that month too regardless of whether or not I had penalty charges that month.

 

Is that a fair expectation ?

 

Thx

 

Rebel

[Spiceskull]

That is a very fair expectation, and one that is discussed at length on this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5934

 

How you handle it is completely up to you, but using my original method, it is something you can clearly demonstrate with statements - the info is there in black and white.

 

Checking through the other thread you will notice that much is made of a 'pre-loaded' overdraft, and therefore you shouldn't be paying ANY interest at all.

 

At the end of the day you must do what you feel comfortable with, but don't be scared to come back with more questions.

[imamum!]

My case so far....

 

27th March - sent DPA letter

29th March - received acknowledgement letter with 'what do you mean by manual intervention?' tactic, and giving me back my cheque (but asking for it back for the extra info!)

19th April - sent letter clarifying 'manual intervention', enclosing cheque

 

"

I would think that it is quite clear what is meant by the term “manual intervention”. However, to clarify my request, in addition to the details of transactions and charges applied to my account (including individual dates and amounts) since March 2000, I would also ask for any evidence that shows when an employee actually checked my account, applied a charge, allowed or disallowed a transaction, or indeed sent a letter due to any incidence resulting in charges applied to my account (as opposed to any automated systems that are in place). I would like the date and time of such interventions, and also the first name or initials of the member of staff involved in each of these interventions.

Should you not be able to provide this information it will be assumed that the said intervention did not occur and Barclays will not be able to use that defense in any court case that might arise out of this situation. If there has been no such manual intervention please make this clear in your response

"

 

20th April - Received acknowledgement letter saying request is underway and that they are not obliged to disclose information amounting to internal policies and procedures blah blah blah...

Separately received copy statements, found 525 pounds of 'unlawful' charges over my two accounts.

2nd May - Received my REAM of 'personal data'! completely useless!!!

15th May - sent standard preliminary request for repayment from library, including the **default notice part giving them 14 days to accept my request and repay/give date of repayment

18th May - Received letter enclosing complaints leaflet... 'sorry you are unhappy...' blah blah blah and you will be contacted by 14th June, signed Mike Brophy.

 

That brings us up to date but going by my timescale I should have sent my letter before action a week ago now but with too many things going on i neglected to do this and am now looking for some advice...

 

Firstly, regards the default notice**I assumed i would have been issued more than one of these but not 100% sure and i'm now wondering whether i should have ommitted this part...also having been in overdraft for such a long time and often going over the limit, am i still within my rights to demand this being removed? if not, does it matter that i put it in my initial request letter and do i just omit it from the letter before action?

 

Secondly does it matter that i haven't stuck to my timescale?

 

I would appreciate any advice...need to get this letter sent!

[imamum!]

Can anyone out there offer any advice please? I'm really not sure what to do about the default notice thing!

[Don Quioxte]

 

Firstly, regards the default notice**I assumed i would have been issued more than one of these but not 100% sure and i'm now wondering whether i should have ommitted this part...also having been in overdraft for such a long time and often going over the limit, am i still within my rights to demand this being removed? if not, does it matter that i put it in my initial request letter and do i just omit it from the letter before action?

 

 

Secondly does it matter that i haven't stuck to my timescale?

 

 

!

 

Your claim, your rules. So don't worry about the timescale - obviously it is nice to keep the pressure and momentum on (but believe me they are already under enough pressure!)

 

It would have helped if you had ascertained whether you had received a default by in fact obtaining your credit file from experian or equifax had you been unsure. Do not fuss overly that you included this in your prelim request - suggest you omit it from your LBA until you have ascertained exactly what your predicament is and whether the default was largely due to incurring charges.

 

If you were served with a default notice on the overdraft that you exceeded if due to a balance of charges - then of course it does not matter and you are absolutely within your rights to petition for removal of this default. If your account conduct can be proven to have breached the terms and conditions of the account - even without the addition of excess charges - then of course it is more of a contest. It may still be worth a shot however. For me, number one priority is the refund of monies - anything else is a bonus..

 

Now send your LBA!

[imamum!]

Thanks, I think I'll leave the default thing as it's definitely been my fault on some occasions for going over my limit! LBA will be sent recorded delivery first thing in the morning!

[jonni2bad]

Whilst it is certainly up to you to decide the best course of action, I think it needs pointing out that the 'fault' issue is not the issue you should be focussing on.

 

The biggest concern as to getting a default removal is the level of charges imposed at the time of default v the amount owed at that stage.

 

If, for instance, they defaulted you for £500 but had previously charged you a total of £200, then you would struggle to show a court this was an unreasonable entry on your file.

 

If, however, they defaulted you for £500 but had previously charged you a total of £450+, then you would have a much stronger case, and a very strong if charges were far greater.

[imamum!]

Hi Jonni2bad,

 

My charges were 25 quid a time, sometimes 75 quid in one month when the amount i exceeded my overdraft has most often been less than the charge applied to my account (that's what has always made it seem so unreasonable even though i didn't know they weren't really allowed to do it!!!)

 

When it comes down to it i still don't know for sure that default notices have been issued so i'd have to find that out before i could continue with my claim and i really just want to get on with it now so, although your advice is appreciated, I'm dropping that part of my LBA... which i still haven't sent as my computer keeps playing up. I've adjusted it to suit my claim but as for the bit highlighted in red...

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 a claim under ss.7 and 13 of the Data Protection Act 1998

plus my costs and without further notice.

...is this regarding the default notice removal too? I assume so but thought i'd better find out!

[jonni2bad]

Yes it is, so you can remove that.

 

You can always take separate action later for the default, if issued. Copies of your credit files cost £2 per organisation (Experian, Equifax etc) and this will clarify if a default was indeed issued.

[imamum!]

Ok thanks, just one more thing... since sending my prelim request letter, i have incurred more charges, do you think it would be acceptable to include these in my LBA or would i have to start a seperate claim?

[jonni2bad]

Add them all, every step of the way. Any changes up until issuing court proceedings can just keep adding to that magic figure.

[imamum!]

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