Innocent -v- Barclays. Let The Games Commence!!!

[ljinno]

Hello Comrades!

 

Well, Theyre on their backfoot now!!!

 

After their delaying tactics, Barclays have finally come up with offer. Although it is inadequate.

 

I will not accept it, but next, I dont know whether to send the letter before action, or this which I read in another post:

 

"Write back and tell them thanks very much but you want 100% back and as a gesture of goodwill on your part you will not submit the court papers if they respond within 7 days thus saving them the 8% plus court costs"

 

any advice greatly appreciated

 

ps

I love this site! and when I do accept their offer, I will be in a position to donate to it!

[pebbles]

let me know what your doing. ie which letter your gonna send back as im at the same stage as yourself with my offer being unacceptable, i just dont know what letter to send next

 

thanks pebbles

[martinberry16]

In the same boat. Just received offer of roughly a third of the total charges I have been subject to. It is tempting if I'm honest, but something tells me the advice from everyone on this site will be to fight for every penny. If so - what exactly do I write back to them? Sarcasm is always fun, but I want to make sure I say all the right things to make them realise I am serious. I also don't want to lead them to retract the offer alltogether. Advice would be greatly appreciated.

 

Cheers

 

Martin

[Michael Browne]

These are also delaying tactics. This is exactly what the banks want: what do I do next, do I accept their measly offer, I don't want them to withdraw this offer. They're testing your nerve and resolve.

 

Don't be detracted from your timetable, Send the LBA (include if you like that you accept their offer as an interim payment and will pursue them for the rest- which they will reject)

[NeilP]

Always keep your communication polite and to the point. THere is nothing to be gained (apart from personal satisfaction!) of being sarcastic or rude.

 

Just hold your ground, insist on 100% and nothing else, and eventually, you will get your money back.

 

Keep us posted.

[ljinno]

Hi,

I am making two claims against barclays (two accounts).

Ive sent them the lba now they have offered 50% on the smaller claim, (which I expected) but have offered me the EXACT same amount on the other account, this only amounts to 10% of of the claim (this account is much older).

 

My statements go back 6 years, but the account is over 20yrs.

So, I worked out charges for 6 yrs, and figured they must owe me at least 3 times the amount.

Now, the problem is, having already sent the LBA, I only have 6yrs worth of statements.

 

What should I do next?

Any help appreciated

cheers

[blueskies]

Have you read all the FAQ's? There is a time limit of 6 years on claims so that is all you can claim. There are a couple of people on here who are challenging the limit but my advice would be to claim the 6 years. You can always claim the rest after seeing the outcome of the other claims.

 

You can ask for all information the bank holds about under the Data Protection Act if you do try to go back further.

[ljinno]

Okay,

Sounds like the best thing to do for the time being as thats all I have evidence for.

any ideas for wording the next letter?...Ive already sent the LBA...

...their offer was in response to the LBA letter, so Im not sure how to follow up.

[blueskies]

If you have already got to the stage of sending the LBA (BTW did you leave the words 'Letter Before Action' in??), and you haven't got a satisfactory response from Barclays then the next stage is to enter all the charges into the spreadsheet ( http://www.consumeractiongroup.co.uk/forum/showthread.php?t=182 ) calculate the interest for your claim and submit your claim to the moneyclaim website as shown in the FAQ's ( http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243 )(You are at stage 5). Check all your figures are accurate.

 

I cannot stress the importance of reading the FAQ's enough. The banks will look for any hint that you don't understand what you are doing and use that to negate the claim.

[ljinno]

I did not leave "letter before action in" when i sent the letter.

What I am thinking of doing now, is just claiming for the 6 yrs, (original amount worked out from six years of statements =£600, =£100 per year, account 18yrs old £1800) I have to knock off about £1200.

 

Should I just send the LBA including "letter before action" again stating I am only going back 6 years and give them a chance to make new offer?

[ljinno]

Theyve banged me again.

 

Checked balance online yesterday, £30 commission

Looked today, now reads paid referral.

 

Does it make a difference what they call it?

[Bookworm]

No.

 

Please stay on one thread when posting questions/updates.

[ljinno]

Hello all,

 

I had an offer and rejected it but have not taken action yet. But am ready to do so now. A few months have passed since last correspondance.

Now, need to get my money off them, read in one thread that after eight weeks they consider this as no further action from me.

 

Can i go straight to court or do i need to start again.

Cheers

[ljinno]

Hello all,

its been a few months now since barclays made a vastly reduced offer .

I am now ready to take them to court, but read somewhere that after eight weeks without hearing from me, they consider the case closed.

Is this correct?

 

Can i go straight to court or do i need to start again.

 

Any help greatly appreciated,

 

Cheers

[Yorkyclaims]

You can continue as they are. Barclays put that so they dont keep the complaint open forever - for their "stats".

 

If you have not done so already send the letter advising you are willing to accept as a part payment and will continue the rest through the courts

[ljinno]

hi,

my next step is to file claim with the court. Im going through my statements again to make sure i havent missed anything. Should I include interest charged for my overdraft? as i would not have been overdrawn if they hadnt taken so much money from me.

 

also, what are the keywords i should look for:

commission

unpaids out

paid referral fee

 

can anyone add to this list?

Cheers

[shinobi jones]

You might want to amend your post as welshman didn't like me saying "stolen", I think taken is the better option (libel laws etc)

 

I also used unathorised overdraft fee but your list seems pretty comprehensive, you can't include account fee for additions accounts.

 

Now edit that post before welshman spanks you too!

[ljinno]

I am about to put court proceedings in motion. I have gone through the figures again and made a list of charges as follows:

 

Paid referral

Unpaids out

Overdraft Interest

Interest Charged.

 

 

I have downloaded the spreadsheet and it has an interest calculator.

Can I enter the interest charges off my list that they have charged me?

I presume that I can, but want to make sure that everything is right.

Also, I didnt request interest in my previous correspondance, Ive just read that if im going to add the 8% interest, i should have. is this true?

Cheers

[Mrgreengenes]

I don't think you can claim overdraft interest or normal interest charges back.

 

All you can claim is 8% interest calculated from the date each charge was taken. You have the spreadsheet so just enter the dates and it will be calculated for you.

[ljinno]

The way i look at it is:- if they hadnt taken the money I wouldnt be overdrawn, If they charge me interest on an overdraft caused by them surely I can claim it back. Can anyone clarify this?

 

Its over six months since my last correspondance with barclays, I am about to go ahead with proceedings; I am going to send an updated copy of charges that I shall be claiming. When I send this to them (with 8% interest) should I give them one more chance to cough up? Any ideas on wording this?

Although, I dont want to linger, theyve had long enough, if they offer me what i wanted originally I could drop the 8%.

Any advice appreciated.

Cheers

[Mrgreengenes]

Here's my advice, take it or leave it. I have just successfully won a claim for just under £5,000 from Barclays. I am waiting for the funds to appear in my account.

 

I followed the advice given on this site to the letter. I feel that you want to deviate from the procedure followed by hundreds of people who have also successfully won their claim. When the wheel was invented it was round. Guess what, it is still round.

 

Because of the delay since your last letter to the bank, send another LBA letter. Don't mention the amount just your intention to claim. Give them 14 days to comply then issue your claim through the court. Your claim should only include your charges and 8% interest. The Court fees will be added on by the court should it ever reach that stage. However, they will be included in the final offer from the bank.

[ljinno]

Hi,

Well, Ive recalculated figures with interest and am now ready to go to court.

 

Does the court bundle need to be handed in with the N1 form or can I wait til they request it?

[Michael Browne]

Does the court bundle need to be handed in with the N1 form

No, you submit that only once you have a court date. For now just 3 each of N1 + schedule.

[ljinno]

Ecuse my ignorance, but I take it that you mean

3 copies of the N1, and

3 copies of the charges im claiming

[Michael Browne]

Yes 1 copy for the court, 1 copy that the court will serve on the bank and 1 copy the court will return to you