stooby vs Barclays***WON***

[stooby]

Hi everyone

 

ok, so I've been silent up to now, quietly reading several other claims...

 

my first letter was sent to Barclays on 6th Feb, asking for my £840 (which seems rather small compared to many other amounts being reclaimed here). This letter gave them 4 weeks before I would initiate court action.

 

The day I sent the LBA, I received the standard letter going on about how sorry they were that I had to contact them about the level of service blah blah blah... It said that they would contact me no later than 8th March (my deadline was 6th).

 

So, now 2 days after my deadline, I've received their letter offering me £360 as full and final payment

 

My next step, I guess, would be to write back to them accepting the offer as part payment, and informing them that I shall persue the remaining sum in the courts?

 

What I'm not sure on though, is should I start the court action immediately? or allow them time to receive the letter?

 

thanks

 

Stooby

[stooby]

I hope I haven't screwed things up already.

 

Firstly, when I say 'my bank' I am talking about my wife's bank - it's just easier to say 'my' instead of 'my wifes' all the time

 

The reason I waited the extra couple of days, was because I made the mistake of calling the bank on the day of my deadline. They told me a letter was in the post, so I decided to wait for their letter to arrive - even though it was 2 days after the deadline.

 

I've now found [thread=25716]this thread[/thread] in the templates section.

 

My deadline has passed, and I told them in the first letter that action would begin 28 days after that letter, with no further warning.

 

The letter from the bank offering the £360 said it was a full and final offer, and arrived after my deadline.

 

The way I understand it now, this is as good as a refusal of our claim. So we send them a copy of letter 3 in that thread and begin court action asap.

 

Or should it be letter 5 and begin court action as I post it?

 

Either way, we have to send them a letter, so if I get no reply soon I shall have to go with letter 3 - seeing as we haven't actually begun any court action as yet.

[Guest Mumofthreeboys]

Basically, it goes like this: Preliminary letter, 14 days - LBA letter, 14 days = 28 days - if no repayment, file a claim.

[sea-sidelady]

You dont have to send a letter. You can if you want but if you are filing at court then they will get the message anyway.

 

Could you not give them a ring and see if you can haggle your charges to the full amount. Some banks do this if they know court action will be dropped on reciept of full payment.

 

If not then file

[Trucker]

Stooby

 

Work to your timetable, not theirs. You call the shots

 

Trucker

[stooby]

Thanks for the advice, and nudges in the right direction.

 

It's onto MCOL tonight to kick things off! :o

[Michael Browne]

This may help:

Getting MCOL Right

[stooby]

after breaking one of the rules set out in the FAQ (namely, don't leave things to the last minute) I am in need of some advice.

 

I've been away and unable to sort out the paperwork needed for the court until now. Perhaps it would have been better to have some late nights before I went away, but what's done is done.

 

We need to have our court bundle at the court by Wednesday (for a directions hearing on 13th June) but while we were reviewing things this weekend, we discovered there may be a problem with the amount we are claiming:

 

Excluding the 8% interest, we have claimed for 'unauthorized overdraft fees', 'unpaid items' and 'paid referral fees' which are fine. The one that concerns us is the 'overdraft interest' that has been claimed. This was just added from the account statements as a whole (ie. if a statement had overdraft interest at £1.37, we have claimed back £1.37 for that month)

 

If (as we believe) this is incorrect, can we drop or adjust these interest figures for our final court bundle?

[stooby]

here's a point I was wondering if it was worth adding to my claim:

 

Whenever we have money going in and out of our account on the same day, the bank always perform debits before credits.

 

If someone transfers money to our account, then their money leaves their account first. The money then sits in limbo for hte day, and we only get it at the end of business.

 

We have several occasions in our account history, where we have payments going out, paid referral fees going out, and more than enough money coming it to cover payment - all on the same day.

 

 

any thoughts on that one are welcome

[stooby]

another question:

 

one of the points in Barclays defence reads:

 

The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by teh Defendant, those charges which were applied to the account prior to 13th March 2001 are not recoverable because they are time-barred under the terms of Limitation Act 18980 in that more than six years have elapsed since the accrual of the cause of action.

The first letter was dated 6th February. Are they entitled to discount the charges incurred between 6th February and 13th March 2001 (anniversary of when the court action began)?

[dar£n]

Stooby,

My advice to you is contact the Litigation Team at Barclays, tell them you have a court date, DO NOT let on that it is only a directions hearing, and they will start talking figures.

[stooby]

Stooby,

My advice to you is contact the Litigation Team at Barclays, tell them you have a court date, DO NOT let on that it is only a directions hearing, and they will start talking figures.

Thanks for the reply, Dar£n. My wife has tried to call a few times last week but not got any answer. We shall make a concerted effort to get through to them on Tuesday though.

 

Who would be best to contact in the litigation department? We have a Rosemary Treeves Brown dealing with our case, would it be better to try and speak to Krista seeing as she seems to get things moving when people speak to her.

[dar£n]

Yes, I always recommend Krysta or Kate.

Krysta.campbell@barclays. com

[stooby]

OK, Krysta or Kate will be getting a call from us tomorrow.

 

But, we still need to confirm one thing about our court bundle, as this still needs to be with the court by Wednesday.

 

We have a court date of 13th June.

We've been told that this is for directions only, and will last 10 mins.

We have been given the small claims track 'standard directions':

each party must file and serve copies of all documents on which that party intends to rely at the hearing, no later than 14 days before the hearing.

 

Our bundle consists of:

the basic court bundle

the McNamara interview

BBC Commission conclusion

 

Would we need to provide a 'statement of evidence' along with this? or is it required at a later date?

 

As our case had no AQ, we are a little confused as to where exactly we are with the case.

[dar£n]

your court bundles, [note the plural] 3 copies, YOU, B's & COURT.

 

everything in here plus YOUR SOC's and CORRESPONDENCE.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

But if you call them Tuesday, you will prob find you wont need it.

 

get back as soon as you can so I can advise if you have problems,

[stooby]

My wife spoke with Krysta this morning.

 

Asked for a settlement, she said she can't offer one without verification of the figures from the accounts department. They are being rather slow, apparently!

 

Krysta says she can get these figures later today, so will send out a settlement offer by post this afternoon. When my wife asked for an email or phone call this afternoon too, Krysta agreed but said the offer would be with us a week before the court date at the latest.

 

Do you reckon it's fair if we call back this afternoon to see if she has had any joy from the accounts department? (if we haven't heard from her obviously)

[Tipsy0nBacardi]

I don't think it would hurt to maybe give her a call in the morning just to check that she got the figures and the offer went out, they're pretty busy at the moment.

[stooby]

YES! :D:D

 

We have the money in our account now!

 

My wife spoke to Krysta, and has asked me to point out how easy it was to speak with her.

 

We are about to send the notice of discontinuance letter to the court, with a copy to Barclays.

 

Thank you to everyone for your assistance, a donation will be on the way to the site next week.

 

I remember reading about a thankyou letter to send to the bank, for agreeing to settle this claim, but I can't find it. Can someone point me in the direction of this letter please?

[sea-sidelady]

CONGRATULATIONS...!!!!!

 

Thats brilliant news. :D

 

There are no letter templates for the thankyou. You can always make up. But to remember you are thanking them for THIS claim.

 

Dont forget to do the survey.

[dar£n]

My wife spoke to Krysta, and has asked me to point out how easy it was to speak with her.

Could I ask you to post a comment for other members on this thread please

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

I remember reading about a thankyou letter to send to the bank, for agreeing to settle this claim, but I can't find it. Can someone point me in the direction of this letter please?

You could simply send and email to Krys headed,"thank you"

I know personally that she is very stressed as she is the target point of all enquiries. she does appreciate gratitude

[dar£n]

oh and by the way:

 

CONGRATULATIONS

 

..

[livelylad]

congratulations

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