Baloney999 v Barclays

[baloney999]

I need a bit of advice here. This is my first post. I started reading through this site around Christmas (isn't that when money is always tight?) but had problems registering on here:confused: - now resolved (obviously).:grin:

I sent out letters to my bank and credit card companies and received a variety of responses (GE Capital refunded me in full except one charge which I didn't dispute). I didn't have statements for 6 years for Barclays so I estimated the first 18 months which came to £2285 inviting them to come back with an accurate figure if they disputed mine. They came back with an offer of £1000 and said that if they didn't hear from me within 8 weeks then they'll close the file.

 

Well, what with the problems of getting access to advice, templates etc, things have drifted on and I've now decided to add interest and claim the lot (£2876.32). Does anyone know if I can take it all the way without getting the actual statements? I was thinking of moving straight to the MCOL stage without backtracking for the data protection disclosure even though its over two months since they made their paltry offer. I was thinking that the onus could be on them to prove that the charges were not as high as my estimate but perhaps I will be missing the necessary information at the allocation questionnaire stage and this would jeopardise the claim. Does anyone have any experience of this and can advise? (or should I post this in the 'Barclays threads'?).

 

Also does the fact that they've said they'll close the file make any difference? I am guessing not because I don't accept that they can just make (even more) arbitrary rules but I wondered if there was any legal precedent for them doing that. I haven't replied to them yet seeing as my last letter was a LBA saying I would commence proceedings without further notice.

 

What d'yer reckon?

 

So many questions...

[fitzos]

not many people will advise you to carry on without the statements, If you can get them it will only help your case.

as for closing your file, they wish they could. remember that your the one in control and they have no place to tell you the case will be closed after that time,

 

good luck

[molsi01]

I agreee, you want to make as strong a case as possible, which means getting all the evidence you can. If you role-reverse, if the bank wanted to charge you something with no evidence, you'd quite rightly tell them to get stuffed. Although it does drag things out longer, I would follow the step by step plan on this excellent site. All the people who have done that have WON, so that must mean its the best way to do it. Good Luck!

[dar£n]

First of all you need to be able to prove your account has been debited with the charges you are claiming.

this is why you send in the SAR.

I suggest you start again and follow the guidelines as set out on here.

if you dont, you will be delayed at every stage and at the worse struck out of court for lack of evidence

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[baloney999]

Dunnit! Sent the SAR today.

 

Thanx for your advice and support.