Electric Lemon V Barclays - £5000!!!!

[welshcakes]

I shall be following this thread eagerly. I sent my first letter (requesting statements) on 27th Feb to

 

Peter Townsend

Barclays Data Protection

Barclays Bank Plc

Radbroke Hall

Knutshall

Cheshire WA16 9EU

and received a letter back from a Woolwich Sales & Service Manager dated 2nd March, standard Customer Care Leaflet enclosed.

 

From reading the forum posts, I'm optomistic Woolwich/Barclays will send all my statements within the 40 day grace period.

 

Good luck electric lemon from a fellow mum!

[electric lemon]

Yaaaay Welshcakes!

 

Glad to make your aquaintance!

 

Good Luck & keep me updated wont you. Im claiming alot & know that Barclays are going to hang on to it for dear life so I dont anticipate an easy ride.

 

I am almost certain that you'll have your statements & an offer within a few weeks like me. If its not rude are you claiming much?

 

Im so glad you're a mum too - thats kinda nice:D

 

Oh & I also lived ib Wales for a number of years & just loved it - would go back tomorrow!

 

Stay in touch.

Loadsa luv,

Electric lemon:D

 

P.S. I have started a seperate thread for this £5000 claim that you might want to follow instead.

[electric lemon]

Hi there Thailand,

 

Just wanted to advise you that I have now nominated a seperate thread for my £5000 claim with Barclays.

 

Hope you can find it & will allow me to benefit from your gracious expertise on an ongoing basis - I NEED YOU!!!!!!

 

Loadsa excitement always offered!

 

You know this ones gonna be a goodun cos Barclays are well sure to give me a run for my money, & I shall need the wild horses too!

 

LBA now sent!!

 

EEEEEEEEEEEEEEEEEEEEEEEEEeeeeeeeeeeeeeeks!

 

bEST,

Electric Lemon:D

[Thailand]

Hi EL, I found ya... LOL.

 

Oz4275 is absolutely correct as mentioned on one of your many threads:D

 

You do not have to worry about fast track. As your claim is less than 5K it falls within small claims - any interest will take you over but thats OK. The court fee does change to £250 from £120 because the full claim amount takes you out of that threshold.

 

Of course Barclays will be paying that back to you - and all other court fees.

 

Try not to get nervous (easier said than do I know) you'll look back on this one day and declare to yourself it was easy peasy!!

 

There are plenty of people to support you in times of hair pulling!!

 

Thai..

[welshcakes]

Well I've sent 2 separate request letters, one for my sole account which is about to close as I already have an A&L account up and running and the other is the joint account that my ex husband and I had but which I paid off and closed in 2003.

 

Both are Woolwich and I guestimate my sole is probably near the £5k mark (single parent, going through divorce etc), and the joint is probably under £1k.

 

Am watching out for postman every morning!

[electric lemon]

Bless your heart Welshcakes,

 

I soooooooooooo know what it means to have watched the pennies for a number of years too:( Big Hugs coming your way.xx

 

My eldest daughter told me that if I ever thought of training to do anything else in the NHS she would leave me, as the thought of having to live off Tesco value stuff ever again would kill her!!!!

 

Ha ha....now I know her achilles heel!!!

 

Husband & I are watching out for the postie too.

 

Our LBA was sent last week for our joint account £2000, & their 7 days is up tomorrow.

 

So at midnight we shall be filing the online court form & giving them 14 days to respond. If they dont, then we win by default I believe. If they do respond then they have another 14 days to file a defence. If they dont then we win by default.

 

We are so hoping they forget about us!!!!! It would make life soooo much easier! If they do respond/file a defence then we will then have to get a court date & then the fun starts.

 

Had better shoot as the toddlers tend to terrorise us at 6.a.m. (OMG that is so still the nightime for me), & every 5 minutes extra sleep I get is a blessing!!!

 

Speak 2 u soon,

EL:D

[electric lemon]

Ello Ello,

 

I notice some (edits) in my postings???

 

I think I get the picture - point taken. Was this done by a moderator?????

 

E.L.

[electric lemon]

Ok I am really mad now!

 

I was unable to file my claim against Barclays last night to start the proper legal side of things rolling via the website, as my husband wouldnt let me as he said we dont have enough spondoolies till the end of the month :0(

 

I feel really dissapointed! Im not mad with him at all, just the circumstances. We just dont have a spare £250 rolling around.

 

I want my money!

 

Why should I have to fork out more money to get my money????!!!!

Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!

 

I feel a bit dispondant tonight. There are many things that we need the money for right now - mostly to fix so many things in the house.i.e. new roof, fencing, hall needs decorating (where toddler ripped off all the wallpaper when on time out!) & many more.

 

Cant see much positive happening till the summer I guess - if we're lucky.

 

Off to sink my entire face into a vat of red wine.

 

Cheers!

Electric Lemon:D

[Michael Browne]

This may be helpful:

Money Claim - Getting it right

Getting MCOL Right

[electric lemon]

Hi there,

 

Im so sorry to be a pain but initially when I first joined I made a couple of boobs & ended up with more than one thread here!

 

Is there any possibility of deleting all but my main one please?

 

The one that is the main one for me & the one I would like to remain here is:

 

Electric Lemon v Barclays - £5000!!

 

I could always have the responses to the other threads put on to this one, so others dont get lost if you would allow this.

 

Sorry to be such a Lemon.

 

Thanks for anything you might be able to do - It just makes things a bit tidier, dont you think?

 

Electric Lemon:D

[Thailand]

Michael that needs to be sticky!

 

EL just check here in case you qualify: Exemption via EX160

 

You will need Adobereader installed on your PC,

[C&D]

Best of luck with your claim Electric Lemon - I had to wait to submit my claim due to shortage of funds but got there in the end and it was definately worth the wait! Keep your chin up

[crashbandicoot]

Hi EL, I've pm'd a mod for you, hopefully it will get sorted soon

[electric lemon]

Thanks Crash,

 

Thats real good of you.

 

By the way, I have sooooooo enjoyed reading your thread about your success.....Way to go!!!!

 

Best,

Electric lemon:D

[Bigmac versus]

Hi there will get it seen to, we all done it.

[Bookworm]

4 threads merged, easier that way. ;-)

[electric lemon]

Hi there C&D,

 

Thanks for your encouragement - it means alot.

 

Did your case go well & did you have to wait long from start to finish?

 

Next problem is that hubby & I opened a parachute account with Smile & now have rendered our previous barclays account pretty much obsolete.

 

Problem now is that this month we didnt use it (as we now have smile)& have gone slightly over the overdraught (with charges...again, grrrrrrrr).

Barclays were offered a payment plan by us but they have declined this & now say we must pay in full.

 

What with....flamin buttons??!!

 

The PIRAHNAS!!!

 

Can they do this. Threaten us to pay it all immediately?

 

Isnt there a letter or something we can send, as Im sure I saw a thread somewhere of someone in a similar situation where, Barclays were told that as the account was involved in recovering charges it was classed as in dispute & they had to BACK OFF. ????

 

Is this correct as if so we sure need to use it.

 

Anyone else in similar predicament or can offer any enlightenment??

 

Best,

Electric Lemon:confused:

[mark casey]

they do have to wait till dispute is settled before they can do anything .

But they can still charge you and you will have to do a new claim for the new charges but it might be easier second time round as they know your not going to back down

[electric lemon]

Hi Mark,

 

Thanks.

 

But what do we say to them to get them to back off????

 

Can I quote them anything??

 

E.L.

[Bookworm]

If the bank tells you to repay the overdraft in full, don't panic.

 

Work out how much you can repay per week/month without leaving you in financial dire straits. Write to the bank telling them that you can not possibly repay the o/d in one go, and that you will pay back £xx per wk/mth/4 wks/whatever until o/d is cleared. Also remind them that as the account is officially in dispute, you expect them to comply with the Banking Code, and that they can't pass it to a DCA or default you until the dispute is settled.

 

Enclose 1st payment in letter. If they cash the cheque, it will be all the harder for them, in the case of future argument, to explain why, if they didn't accept the agreement, they cashed the cheque. You need to say in your letter that this is the best you can do, and if they are not happy with it, they can and should take you to court and ask a judge to decide what and how much you should repay. Oh, and demand that they freeze interest onto the debt until it is paid off. (they probably won't, but it is aways worth a try)

 

Here's the news: The bank doesn't want to go to court on that either, for the following reasons:

 

a) Like the rest of us, they have a duty to mediate outside the court system. If you have made a reasonable offer, a judge will not take kindly to them litigating.

 

b) Depending on what you offered to repay and what your existing debts are, a judge could well decide to award them LESS than what you have offered to repay in the first instance. Because a bank o/d is not a "necessary" debt, it is at the bottom of expenditure, and before a judge decides how much you should repay the bank, he'll look at all your other outgoings, mortgage, food, electricity and so on... Then, on a sliding scale of importance, until it gets to the overdraft... And since you had made an offer of repayment as it is, and kept to it, he is not going to put the bank very high in the order of priority. And the bank knows this.

 

The 3 important things to remember are these: Enclose 1st payment with your proposal. Keep up the payments. Don't budge once you have made your proposal, no matter what they say.

 

In all likelihood, when you win your charges back, they will pay them against the o/draft. Fair enough. Think of it as one less debt hanging around your neck on the way to financial recovery.

[crashbandicoot]

Thanks Crash,

 

Thats real good of you.

 

By the way, I have sooooooo enjoyed reading your thread about your success.....Way to go!!!!

 

Best,

Electric lemon:D

 

Thanks EL, remember, I started out thinking gawd how on EARTH am I gonna do this and succeed? But I did!! And if I can do it, anyone can. Glad you enjoyed the thread

[Delboy01]

This is what I sent to them.. altho its sounds as if you are in a slightly different stage with them

 

Adjust it to your personal position if you want to use it EL, but it may be of no use. Maybe you could incorporate it as you follow Bookies wise advice.. Hello Bookie;)

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I have estimated that the unlawful charges you have imposed on my account far exceed my current overdraft..

 

I am therefore informing you that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

I CAN CONFIRM THAT I SHALL BRING MY ACCOUNT INTO ORDER WTHIN 14 DAYS OF THIS DISPUTE BEING RESOLVED AND WOULD BE GRATEFUL IF YOU WOULD CONFIRM ACKNOWLEDGEMENT OF THIS POINT IN YOUR IMMEDIATE REPLY.

I CAN ALSO CONFIRM I SHALL ENCLOSE A COPY OF THIS LETTER WITH THE DOCUMENTS I SHALL BE SENDING TO THE COURT IN RESPECT OF THE BANK CHARGES MADE TO MY ACCOUNT, ALONG WITH THE ENCLOSED LETTER INDICATING THAT IT IS SOLEY THESE TYPE OF CHARGES LEVIED BY YOURSELVES THAT HAVE CAUSED MY ACCOUNT TO EXCEED MY OVERDRAFT.

 

If you do proceed by issuing a Default Notice or processing any adverse data /comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.Also the Woolwich would be in danger of breaking Section 13.6 of the Banking Code, where it states that “a financial institution may only pass on details of debts to the Credit Reference Agencies IF THE DEBTS ARE NOT IN DISPUTE!!

 

Should you require confirmation that this account is in dispute, please do not hesitate to contact :-

Head Office, Barclays Bank PLC, 1 Churchill Place, London E145HP

 

 

As I say it may be of no use but heyho!!!

 

 

DELBOY

[buzz-999]

Thanks masses Delboy & Bookworm,

 

That letter was so useful as was the advice.

 

Adapted the letter & sent it today. I also looked up the banking code to reassure myself. Im getting ready for them!

 

Some little worm called again last night - grrrrrrrrrr. I offered to pay 50% this week & 50 % of amount 4 weeks after that (basically next 2 paydays), so all of it would be paid within 5 weeks.

 

Horrid little man said NO!!!!!!!

 

He said that he wanted me to pay more than that, & then said ....actually there's going to be even more charges to the account, another £120 in charges going on in the next 10 days & he wanted that paying too!!

 

I said I absoloutely wasnt going to pay for something that hadnt been added to my account yet & that I would deal with it accordingly once it was there.

 

I told him that I had made a more than reasonable offer & that would be all he was having. He then said...oh well it will just be passed to debt collectors then. I nearly had a blue screaming fit:mad:

 

I asked him if he would like the shirt off my back & the food from my toddlers mouths?????????????

 

I asked to speak to a manager -he said that there were none there - amazing! I then told him that I wanted to make a complaint about him & he then had a fit, & agreed to have a manager call ME within 48 hours.

 

I told him that I would be wanting a transcript of our conversation as proof that I had made a more than agreeable offer, & that he could go sing for anything else as I was in the middle of claiming charges & that they couldnt now touch me with a bargepole as the account was classed as in dispute.

 

He told me that I wouldnt be successful or get any money back, & that lots of people had lost!!!!

 

I was almost peuce with rage!!!!!!!!!!!!!!!

 

My god, I was exhausted by it all.

 

Its well taken its toll on me this week & I feel very, very tired with all this already.

 

My husband reckons that the worm of a man knew I am claiming which is why he gave me such a hard time. He said all the info was likely to have been on the screen in front of him & that they were probably trying to do their best to intimidate me??

 

I shall enlighten when I get a reply to the letter sent today!!!

 

Thanks again guys - it feels so good to know that you are close by to help.

 

Best,

Electric Lemon:( ( a little subdued lemon)

[buzz-999]

By the way, we only went over our overdraught by £18.00, the rest is all charges (& a little interest)since Jan!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

:mad: :mad: :mad:

[electric lemon]

WHOOPS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Left messages in husbands name by mistake???!!!!!!

Sorry. (he hadnt logged off :o )

 

Back to normal now!!!!

 

What a Lemon:D !!!!!!!!!!!!!!!!

 

E.L.