accepting 65% offer?

[saka]

Hello,

Being new to the forum, I'd appreciate your advice.

A friend recently informed me about my right to reclaim unfair bank charges. I have now sent off a letter to my bank requesting a refund of all charges applied within the past 6 years.

I'd be interested in your experience with regard to claiming the full amount back and not only the difference based on the 12,- per item, as I consider this as still too high a charge.

My friend advised me to just accept the amount they will offer on a goodwill basis and not to be too "greedy", but I consider this not as being greedy but as my right as a customer to claim my money back. If somebody is greedy, it's the banks!

Have you got any experiences, perhaps with Barclays in particular? Has it happened to you that they refunded the full amount? What arguments did you bring forward when they tried to offer you a much lower amount?

My charges are 1745,- altogether.

Thanks.

[cheddar]

Full amount, please read the self help material and when you're ready start a thread in your banks forum to keep us informed.

 

Nothing greedy about wanting money that has been taken from you unlawfully.

[saka]

Hi,

 

Barclays offered me 1200,- in response to my 1750,- claim, which I am tempted to accept, since it is more than the usual 50% offer.

 

It means Barclays considers 7,43 to be a "fair" charge for each of the 74 charged items during the past 6 years (550,- difference :74 items). On the other hand the 550,- they would keep is still a lot of money for me - and for them it's just peanuts...

 

Do you think it is worth going to court for this amount? What if the court agrees with Barclays and considers 7,43 to be a fair "charge" and I would in the end get nothing at all....?

 

If I would decide to go for the full amount, would the next step have to be the formal "letter of rejection of offer"? Or could I first try it with an informal letter "in my own words" and ask for a better offer as a compromise. I'd be happy with 1500,- as an out-of-court settlement.

 

I am not an English native speaker and am a bit afraid of going to court and not be able to defend myself good enough with my not perfect English (compared to the Barclays solicitor...???).

 

Thanks for your advice!!!

[dar£n]

firstly, I am assuming your amount is £1700 BEFORE interest???

if so youd prob be looking at around £2000

 

If you decide to carry on, you need to accept their offer as part settlement with the intention to continue to recover the full amount

[saka]

Yes, before interest, but I didn't know I could claim this and wouldn't know how to calculate...?

[BankFodder]

Barclays have a culture of dishonesty. That was explained on the recent BBC programme.

They have taken your money. You should take it all back.

If you don't want it all then you can donate the excess to us as we ned the money.

 

I have no idea why you should want to let them keep part of your money.

Are you French?

[saka]

Thanks for your reply, BankFodder.

 

I'm German (not a very popular nation in this country (still), I'm afraid...) - but this is irrelevant really - I must however say my German bank would not dare demanding such high charges. Germans tend to complain immediately, which is sometimes annoying, but in cases like this it's a preventative advantage (I've already become more English, I suppose)

 

I will certainly donate something to you, that's for sure anyway.

 

Would you be able to give advice with another problem I have just encountered, oh dear:

 

Having now listed all charges by date on the interest calculation template sheet, I noticed that I actually claimed too much, because I didn't notice that Barclays sent me some print-outs of my statements twice. The amount is now 1585,- and not 1750,-. But - plus interest of 458,63 I could now claim 2043,63 which is what dar3n assumed

 

Is it advisable not to mention this mistake in my next letter (it could make them think I have no idea of what I'm doing and be a sign of weakness)? I could just mention: "After calculation of the interest the amount comes to 2043,63 and I therefore do not accept the offer of 1200,-..." (and would amend the template letter "refusal of the offer" accordingly).

 

Would you agree with this?

 

Thanks for your help!!!

[redstef]

Hiya Saka,

I too was offered an offer( just like everyone else!) of about 60%, and I ummed and aahed for about 30 minutes before I decided that the Bank have been wrong to overcharge me, and need to be taught a lesson as on behalf of the public. They cannot get away with this easy theft from our pockets, so I hope you take them all the way and get the interest that they have also stolen from you. There are some excellant spreadsheets here to help you calculate the interest, and my preference is for (http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html?highlight=vampiress)Good luck, and just know that there is plenty of support here,

 

Red

[BankFodder]

Just mention the new figure in your next letter and issue your summons for that.

 

Their culture of dishonesty is no doubt so profound that they will be incapable of recognising your corrected figure as a gesture of honesty so don't waste your time giving any explanations.

[dar£n]

I agree with Bankfodder, simply accept their offer as part payment but continue to reclaim all that is owed, this is all very standard practice,

you request your money, they offer silly amount, you accept but continue to court, thay say they are sorry you cant reach an agreement and then they shut up until about a week before the court date.

 

if you get stuck try here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

if you are still stuck just shout up we will soon come to your rescue...

 

good luck.

[Bookworm]

 

I'm German - but this is irrelevant really -

 

I suspect the question was because you said your first language was not English, and if you had been French, you could have had some assistance. ;-)

[saka]

You have all been very helpful, thank you!!

 

Could I also ask you to have a quick look at my next letter to Barclays?

 

Would you recommend to enclose the interest calculation sheet (I had not included the interest in my first claim)? This would mean, however, that from the calculation sheet they will notice the difference in the corrected new amount and the original claimed amount (I had claimed 200,- too much because of Barclays' confusing bank statement printouts).

 

I tend to just mention the new amount including interest without enclosing a detailed list. By doing this I am not being dishonest, as it shows the amended total of charges plus interest. But should they ask for the calculation sheet, I can still send it to them.

 

Here is my draft letter:

 

 

 

Re: Penalty and unfair charges - account number xxxxxx, sort code xxxxxx

 

 

Template letter removed.

 

The draft you did was fine send that.

[saka]

with or without the interest calculation sheet???

[dar£n]

as your letter has been removed i am assuming you had personal information displayed,

be careful what you post on here, i.e account numbers etc.

 

send in your 'letter of rejection' but make sure you refer to the new amount, i.e thanks for the offer, I accept as part..... i will continue to recover £xxxx.00 plus interest and court costs.

but you wont be including the interest until you register with MCOL or complete your N149 form.

[saka]

Thanks, dar3en.

 

Sent letter off yesterday....also noticed that they upgraded me to an Additions Account (from my Basic Current Account) and charged me more for that - without asking me!!! Also mentioned this in my letter of rejection of offer....

 

By the way: The Federal Court of Justice in Germany ruled that it is illegal for German banks to charge customers with a flat-rate "compensation" for bounced cheques or failed direct debits. The Dresdner Bank had charged its customers 6 Euros (4 GBP) per item. Bank customers in Germany can now also claim back their past bank charges. German courts argue that a "compensation" could only be claimed by the banks if the debtor (bank customer) commited any breaches. It argues that this is not the case with failed direct debits or cheques due to the fact that the bank customer is not obliged towards its paying bank to hold sufficient funds for the payment of the direct debit. The paying bank is not acting on behalf of the debtor (bank customer) but accesses its customers' bank accounts on request of the creditor bank - so, without the direct order of the bank customer. This system of direct debit payments implies that it is to be of no interest whatsoever to the paying bank, whether the debtor (bank customer) has given order for a direct debit at all and also of no interest whether the debtor (bank customer) owes the creditor anything.

 

Hope this sounds not too complicated....to summarize:

 

It is unlawful under German law if German banks charge their customers for informing them about a bounced direct debit or cheque payment due to insufficient funds. It is a duty of the banks to do this and naturally expected as an additional service by the banks towards its customers. Also, DPA information (bank statements, list of charges) must be free of charge if this is required for a reclamation purposes.

[saka]

My story so far:

 

- 26 January: sent DPA letter

- 18 February: received statements of past 6 years

- 20 February: sent letter of request of refund

- 28 February: received letter "we are looking into your concerns and will let you have an answer no later than 21 March

- 22 March: have not received an answer - sent a reminder

- 23 March: received answer - 65% offer as "gesture of goodwill" (tempting, as they promise to pay it within 7 days of my response - but not good enough!)

- 25 March: sent letter of rejection of offer accepting the offer as part settlement only and demanding full amount - within next 7 days

 

Am going to wait until 5 April - will send LBA letter if I haven't received a reply by then:

 

"I refer to my letter of..... to which you have failed to respond in the way I would have hoped.

Once again, I request repayment of the full amount of charges taken from my account during the past 6 years. I calculate that you have taken ..... plus 8% interest in the amount of ......totalling....

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest without further notice. An extra £0.77 will also be applied to the total each day until the date of judgement/settlement, plus the cost of any court fees incurred.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

Yours faithfully"

 

Is this letter appropriate, do I need to mention anything else?

 

Thank you everybody for your help so far. Will keep you informed

[deeks1]

Good luck

[deeks1]

Hey Saka

 

I am new to this also, I think you need to reign in your timescales(I mean stick to the time given in your letters). They need to take your demands seriously. The longest time allowed as far as I am aware is 40 days and that is with your first letter subsequent letters are 14 days grace, no begging reminder letters pls, this is not in your interest just be praying it gets to court stage when you can claim the interest on top.

 

If we go by your refund request letter of the 20th Feb the alotted time has expired in my opinion that means you can file in court, I think. Maybe I have got it all wrong. Can a MOD help out here plzzzzzzzzzz.

 

Good luck with it

Deeks1

[dar£n]

saka,

Personally, I would take your letter of rejection as being your LBA.

Barclays are NOT going to communicate with you now that you have declined their 'offer of goodwill'

On 5th April begin proceedings with MCOL.

They will know youre serious then.

it is only when you get a court date that they begin to take you seriously.

 

Ive been where you are, sending polite reminders, emails etc, they dont respond, theyre too busy too now.

 

you need to get to court stage as soon as possible now.

Something that may be in your favour is the fact that the stage of ALLOCATION QUESTIONAIRE is being written off by most judges cos they are now aware that Barclays have no intention of attending court.

 

Keep us posted okay?

[saka]

Thanks Dar3n and Deeks for your advice. I will do as you recommend and won't send another LBA but begin with the proceedings straight away end of this week. You are absolutely right. If they don't reply positively, then why bother with another letter. They won't give in anyway. Just a waste of time.

I was just not sure whether, before going to court, I would have to send a formal LBA giving them another 14 days.

[saka]

Still no reply from Barclays

Will start MCOL tomorrow, if I don't find a letter when I get home tonight.

[saka]

Have patiently waited for 3 weeks (gave another few days because of Easter, pffff I'm just too generous) for a reply from Barclays. They've had sufficient time now to send a reply to my rejection of offer letter, but I have received no answer, they just seem to ignore it. My initial letter was sent off 20 Feb. I think I have wasted enough time, so have just submitted my MCOL.

 

Do I understand it right that all I now have to do at this point is send a letter with a schedule of charges and interest to MCOL to be attached to my online claim? And then wait for a letter from the court?

 

Do I also need to send a letter to Barclays and inform them of my MCOL or do they get a letter from MCOL directly?

[saka]

[saka]

Has anybody had any experience dealing with Jonathan Halley, Barclays Leicester?

[dar£n]

Saka, you will prob better off focussing comms on Litigation at Churchill PLace, London from now on.

 

Now you have filed with MCOL they will take it from here, and let you know that the order has been served and if and when B's decide to defend, dont be too hasty and get over excited at the 28 day deadline as B's are entering defence late these days.

 

Yes send a copy of SOC's one for court and one for B's

I sent mine directly to B's, some people send it to the court to send on.

 

Remember all comms via Recorded Delivery.