BUZZ-999 Vs BARCLAYS

[buzz-999]

hi i'm new here. i'm in the process of claiming £3625 from barclays.

When we started the process my wife and i decided to open a new current account with smile. we now use this for our salary, bills etc. the barclays account has become obsolete. i wrote to barclays requesting our charges back 2 weeks ago and i had a letter back saying that we would get a response by the 20th March. So far so good.

 

Here is the problem -

 

As many of you can probably sympathise we've always had charges month in and month out. We have an agreed o/d limit of -£1250 on our barclays account but it is currently -£1850 which is over our agreed limit ( mainly due to charges!!! ). as i already mentioned we are not using the account at all now. (We just had to switch so our money wasn't taken away from us every bloomin' month! )

 

So i just thought to myself when barclays cough up that will cover the overdraft and everything will be ok.

 

anyway today i get a phonecall off Barclays saying when are you going to pay the unathorised o/d. so i said - oh can i set up a payment plan? they said no you have already had 5 failed plans in the last 12 months.:o They then said when are you going to pay? well of course i made some excuse about it being a difficult time to talk as i was going out so they said they will call back.

 

Where do i stand? i've got no chance of a loan/credit card etc. etc.

 

Any advice would be greatly appreciated.

[oneofakind]

Hi Buzz,

I believe that if you write to Barclays, stating that you dispute the account because of the unlawful charges they have applied, and follow the standard claim procedures as outlined in many other threads on this forum, then they can't force you into paying anything until your claim is settled by a court, should it go that far. You simply tell them that the account is 'in dispute.'

 

But I'm just a beginner myself; anyone out there who can confirm this....?

 

David.

[Trucker]

One thing that i would add to what oneofakind has said is don't hang around with your claim. You say you have wrote to them asking for charges back. Have you followed the procedures described on this site,, ie SAR (subject access request) to find out how much you are owed and have you used the charges spreadsheet in the template section.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

The reason i say don't hang around is that they may well try and default you on the unauthorized o/d.

 

Trucker

[buzz-999]

thanks guys for your replys. I Got my list of charges and wrote to Barclays on the 20th February asking for £3625 ( i used the templates on moneysavingexper.com) i gave them 14 days they then wrote back saying they were looking into it and that i should expect to hear from them by the 20th March, and i am still waiting. Do you think i should just go for it now and give them the old 7 days or court routine???

[Trucker]

Buzz

 

You need to send LBA (letter before action), again found in template section, giving them 14 days. From what i have read you may well then get an offer of about half your claim. After 14 days you can start action either via MCOL (money claim on-line) or via your local court.

[buzz-999]

thanks! yeah i'll do that. what would your advice be if the bank call? ( other than to not answer the phone! )

[Trucker]

Tell them that you are starting / have started court action and that they owe you more than you owe them. But remember they will be chargeing interest at something like 27.5 % APR on your "unauthorised" overdraft. I am not that experienced on these matters but perhaps Admin / moderator can give you better advice.

 

Trucker

[dickeggsy]

buzz if i were you i would just put the phone down . i refuse to have anything to do with them on the phone because all they try and do is intimidate you , it's what they are trained to do (see daily mail article today and programme tonight on bbc 1).

i have just won back all that was owed , over £4000 , which went into the bank yesterday.

just stick to your timetable and don't back down , you will get it all back .

good luck mate.

[buzz-999]

I've been on moneyclaim site for a woolwich account i'm claiming for. i filled out all the details including the particulars of the claim section ( where i stated i am claiming interest of 8% blah blah blah )

 

my query is on the final boxes on this page. it has a box where you put the amount claimed, below this is a box stating the fee for the claim i.e £120.00. in the 1st box do i put the figure as £1995 as this is the amount i am claiming or do i put the amount as £2445 as this is the amount plus the interest which i calculated???

[Trucker]

Buzz

 

Just checked the faq's on mcol site, it say any claim for intrest must be included.

 

 

Q. What details should I be entering in this field?

A. This is a description of what you are claiming for and must include any claim for interest. The information provided here must be sufficient enough to enable the defendant to respond to your claim.

Q. I have entered my particulars, however an error message prevents me from going any further, how do I proceed?

 

A. There may be several reasons why your particulars are being rejected. Please check: The particulars are no more than 1080 characters or longer than 24 lines

No other punctuation apart from full stops and commas are included

No double spacing has been used

The particulars have been typed in fresh, copied and pasted material will not be accepted.

 

Q. Do I need to tick the box about reserving the right to claim interest?

A. If you wish to claim interest in you claim you will need to tick this box and then copy and paste the pop up box that appears into the particulars. You must ensure you complete the brackets in this paragraph correctly to enable you to claim interest.

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.

[buzz-999]

Hi Everyone it's been a while. i was wondering if anyone could help me.

 

i put in a claim for £2443.33 with the woolwich on moneyclaim.

 

here are my sequence of events so you are up to speed.

 

26th March - Claim isued

31st March - Served

14th April - THE 14TH DAY!! - Ackowledged giving them a further 14 days

 

well that 14 day period is up ( at midnight ) by my calculation and nothing has happened it still shows as being acknowledged on moneyclaim.

 

does this mean i can enter judgment??

[Guest Mumofthreeboys]

I would advise you to read this, all the way through, before you do anything http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[buzz-999]

thanks Mo3b i appreciate this advise anyone else with any experience please let me know

 

Thanks Buzz:)

[buzz-999]

any more advice guys?

[dar£n]

14 day period is up ( at midnight ) by my calculation and nothing has happened

Buzz, dont get too excited, one of two things are likely to happen here.

a) Barclays file their defence late.....they are getting it down to a fine art.

b) The defence HAS been entered but MCOL havent updated the file yet.

 

Personally I would wait until about Wed, if still the same go for judgement.

[buzz-999]

Hi there everyone

 

i've got a couple of questions tonight if anyone could help. i'm claiming £4293.41 via the moneyclaim online from Barclays.

 

i don't use this account anymore.

 

1st one is this: The Barclays account i'm claiming for is currently -£1990 od my overdraft limit is -£1250 about 4-5 weeks ago the bank were calling everyday ( i never once answered the phone) asking me to make arrangements to pay blah blah blah. then they wanted me to cut up card and cheque book and send them back. i obliged!

They were really p***ing me off so after seeking advice on this site i wrote to them saying that they couldn't pass my details to credit reference etc quoting banking code because 'i was in dispute' they then wrote back saying we have made a note of your comments and that barclays would be writing to you to make an offer which i should strongly consider! and they would not contact me for 4 weeks whilst i consider the offer. Well the offer came ......... £2200 i just said no thanks a went ahead with the mcol. The 4 weeks is up and the phone is going like the clappers. and one letter also saying that if i don't make arrangements they may pass my details on to credit ref agencies.

 

the mcol has reached the stage where they have defended the claim and i am awaiting a court date.

 

What do i do should i just send a similar letter to the one i sent before but this time quote my claim number so they know that as soon as it is sorted the overdraft will be paid off or not??

 

my other question is this how long do i wait for a court date, and will this date be soon i.e 1-2 months or a bit further away??

[dar£n]

1. You need to answer the call, the could have grounds that they attempted contact to discuss settlement to which you never responded. Always be seen to appear very approachable.

When you do take the call, remain calm, YOU are in the driving seat. First take the guys name, even if you catch it first time, tell him to repeat it twice, just to make him feel uneasy.

Make a note of the time and date, if possible record the conversation.

Tell him you are recording the conversation [even if you ar not], that way he wont try and fob you off with rubbish.

Write down everything he tells you, even if you have to keep telling him to repeat it, its their call not yours, keep him on there as long as YOU want.

If he tries to settle with an amount that you are not happy with simply tell him you will leave it up to the judge to decide. [have your updated figure with you]

If he is calling about the overdraft, tell him the account is still in dispute and will remain so until the matter is settled, at which point you will be happy to enter negotiations for the outstanding amount. and any action taken before this will be seen as an act of retaliation.

A good idea is to write down any headers you think that might come up in the conversation, so you can direct the conversation to where you want it to go or you can be ready with your answers to HIS questions.

 

2. Your court date, i would estimate would be end of Aug, beg of Sept now.

 

hope this has helped a little.

[buzz-999]

thanks dude

[buzz-999]

Hi ther guys

 

I Have a query but before i get to the query i will give you a quick update.

 

( i am at work so these figures are approx as i don't have figures with me )

 

Claiming: Woolwich £2300

Claiming: Barclays £4700

 

i had a court date of 18th July sent to me 7 days ago for my woolwich. i rang krysta and she told me to phone back on tuesday. She did say that she would discuss settlement then. so that sounds good.

 

Then i got this letter yesterday from plymouth county court ( my local ) yesterday re the barclays account:

 

 

TAKE NOTICE that this case has been listed for a DIRECTIONS HEARING which will take place on the 2nd July 2007 at 10:30am

at Plymouth County court..blah blah

 

when you should attend.

 

15 minutes has been allowed for the directions hearing

 

Please note: this case may be released to another judge possibly at a different court.

 

WHAT IS A DIRECTIONS HEARING??????? :confused:

 

 

 

WHAT IS HAPPENING?

[dar£n]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[buzz-999]

Thanks Dar£n

i've read that info. one thing that is says in the article is that there should be a reason at the top of the letter giving a reason for the directions hearing. i don't have any reason on my letter. any thoughts???:-|