JackG - V- Barclays Bank

[johnnymitch]

Hi again Jack,

Glad to be of help - I'm not an expert, but I've been as far down the line as MCOL(Money claims online).

 

 

Just give them 14 actual days, they know the score!

 

Of late they seem to be playing brinkmanship i.e. going to 'acknowledgement' on the court system, but that's a fair bit down the line for you yet, - take it one step at a time. Hold your nerve and you won't go far wrong.

 

Cheers, John

[JackG]

Hi, just had another charge taken from a different account. My own stupidity as didn't cancel a DD that should have been cancelled due to a switch around in accounts. Could kick myself! Got straight on phone to Barclaycall after waiting in queue for 10 mins, explained my problem, lovely lady who seemed to sympathize, she went away to seek advice only to get cut off after 5 mins. Rang back and waited another 10 mins in queue, got through to a call centre and had to explain again from start to finish, this stroppy woman sid due to it being my fault, there would be no refund of the £35. By the way, shd have expl. in full at beg. that this DD went out this am then bounced back today and charge went on all in same day!!!!, no prior notice, warning or letter, in fact, sweet bugger all. have lodged a formal complaint with her and shd get feedback within 5 days according to her, well stroppy she was, even tho' I went thru' "its illegal etc... etc....."

 

Will have to sit this out and await their reply, well sick now. Had this particular account for about 15 years and never once gone into red with it. Don't even have an overdraft on it, bloody cheek of them.

 

That mad on phone nearly got lost for words, need advice for when they ring back please.... anyone????

 

thanks a lot in advance!!!!!

[johnnymitch]

Hi Jack,

 

I think I would treat this as a different ball-game. Wait and see if they come back with anything from your complaint.

 

I don't know,but maybe your account was flagged because you've got action going on the other one - and as soon as you defaulted - Bang!

 

You see, I believe it's easier for them to close your account if you've got two actions running (they claim irretrievable breakdown of rapport or relationship). Maybe that's their game. However, think of it this way, if you go to court on the big one and do them for 8% interest as well, that will more than cover your £35.

 

Anyone else got any input on this, - this is just my opinion, for what its worth?:-|

 

Cheers

John

[JackG]

Thanks jonnymitch, you're prob right. Have calmed down today and will see what comes back from the complaint, just can't believe the nerve of it, the account never went overdrawn overnight or anything.

 

Will keep you posted

[JackG]

Hi, anyone got advice

 

Today was 1st 14 day dealine for reply and received standard response yesterday stating more time required (8 weeks) to respond to claim (Neil Henderson letter). Can't find letter that I need to send now, as in templates library, 2nd letter starts off by saying, ......failure to respond to my initial request..............., can anyone direct me to it please?????

 

As I understand it, this is my final request and that in 14days time if had no offer to settle I must apply to Court... am I right?

 

 

Hope someone can assist. thanks in advance!

[why!!!!!!]

hi

this is the lba template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html will also help you out.

hope it does help.

claire

[JackG]

Cheers Claire, thanks a lot for that link, thought it must be that letter but wanted to make sure, take it I don't add 8% interest but must include another schedule of charges and send off recorded delivery again, good luck with yours also, they can't keep getting away with this can they?

 

best wishes

[why!!!!!!]

.....

[johnnymitch]

Hi claire

When did that ruling appear - that you can include your 8% in the LBA?

I suppose you can if you like, but will it have any relevance till you start court proceedings?

Just curious, I'm past that stage now.

Cheers

John

[why!!!!!!]

You are very much right johnnymitch and i had jumped ahead of myself there, you do not add the 8% at this stage thankyou for pointing that out to me, i am also very much past that stage as i have a settled claim with barclays(im wondering how now).

Sorry for the duff advice there JackG.

regards claire:o

[kippy2]

you cant add 8% until you start court proceedings. so its wrong to include it at lba stage

 

 

whoops why and i posted at the same time

[JackG]

OK cheers you lot, must admit it gets a bit confusing dosent it, never mind, have done spreadsheet with 8% added anyway, but will just send copy 1st spreadsheet, so that means 2nd spreadsheet already done for court app.

 

thanks again

 

just shows what a great site this is when you can get responses like this straight away - thanks again!

[JackG]

Hi, can anyone out there advise me please?? deadline for reply to LBA was today, rec'd a reply on Sat offering 630.00 of 1097.00 claim, need to reject and have been to templates library but cannot find a letter that would be suitable for my reply as my offer does not state FULL AND FINAL SETTLEMENT - in fact, no mention of this anywhere in my letter!! so just a bit confused!!! what does this mean - by all accounts it seems a pretty standard letter that I have read about before - pls cd someone direct me to correct rejection letter - thanks a lot

""getting rather edgy now as thought I'd be first to be refused point blank""

[dar£n]

All you need to do is thank them for the offer, which you accept only as part payment and inform them that you will continue your actions in order to recover the full amount plus interest and costs incurred.

[JackG]

do i not need formal rejectio letter from templates library to keep in line with everything else??

[dar£n]

what Im saying is find the most suitable letter of rejection and amend it to match your requirements, just put in it what you want to say, these templates are not meant to be word perfect for everyone.

[johnnymitch]

Hi Jack G

Try something like this:

 

Thank you for your letter of xx xxx xx .

 

I respectfully decline your offer of settlement and request, once again that youreturn to me all charges imposed on this account. A further breakdown is enclosed for ease of reference.

 

I wiil accept the £xxxxx offered only as part settlement and on the clear understanding that I will pursue the recovery of the remainder, through the Small Claims Court if necessary.

 

I trust this clarifies my position.

 

Yours etc.............."

 

Enclose a further copy of your schedule of charges - just to reiterate your claim - menawhile ,it is up to you whether you start MCOL immediately - they've had their 14 days as far as I'm concerned - this derisory offer was a delaying tactic

 

Best of Luck - stick with it , you'll get there in the end!

[JackG]

Thanks johnnymitch and dar3n for your replies.

 

Will use your draft johnnymitch but shd I notify them of a further 7 day deadline with it being easter break at weekend and advise them they have until Tuesday 10.4.07 to respond before I start court proceedings for my claim

 

reply much appreciated

 

thanks

jackg

[johnnymitch]

Have another read of your post No. 37 on this thread, then decide if you want to give them extra time to mess you about. If you start proceedings you can always stop them again if they cough up, but by that time interest comes into play as well (and refund of court costs).

 

PS . I'm not a legal expert, Jack , far from it, but I've just received full settlement from HSBC(with interest and costs!) and I'm waiting for a court date for Barclays - the AQ deadline was 30 March and they submitted theirs on 29th! It's just a case of following procedures and don't let them distract you!

[JackG]

Thanks yr reply Johnnymitch last night, didn't get it until just now, have posted rejection letter off with copy of 1st spreadsheet to remind them and have told them that they have until 10.4.07 as I'm busy getting ready for long easter week end away and will be in better frame of mind come Tuesday when it will be full steam ahead - guns ablazing - or something like that anyway!

 

but thanks anyway your reply its much apprecaited

[johnnymitch]

Sounds good to me JackG!

Have a good Easter break and forget about it until you get back, then .................BANG! GO GET 'EM!

Cheers

John

[JackG]

Advice required on MCOL. If I proceed to claim on MCOL which is based at Northampton, does it mean that I would have to attend that Court should Barclays wish to defend, or does my claim get passed to my local court for them to deal with.

 

Does anyone know this please?????????

[nualadobson]

hi it will get transfered to your local court

[JackG]

Hi, can anyone advise please???

 

Am busy completing MCOL and last 2 questions before submitting claim I can't answer

 

a) question about human rights act??

 

b) Do I want right to claim interest??

 

 

Sorry 'bout this, but getting in a flap

 

thanks

[JackG]

Hi, completing MCOL and need foll question answered but can't dinf any advice on this, can someone please helpDoes or will your claim include any issues under the Human Rights Act 1998?

Yes No

 

Much appreciated, thanks