Preliminary Letter Sent Today

[Spotted Dog]

Have just sent recorded delivery Preliminary letter to local branch of Barclays on behalf of my step-daughter - first 14 day countdown has started

 

will use this forum to keep others notified of progress

[Guest Lueeze]

Oh good luck!

 

Lou xxx

[Spotted Dog]

Just to try to clarify things as much as possible.

 

I have already sent a letter to my local branch giving them 40 days to send me my statements over the last 6 years. They did not ask for any money and the statements (mostly printed from micro-fiche) arrived after approx 10 days.

 

As in my first post, I have now sent the first letter asking for all of my money back plus interest within 14 days.

 

One tiny concern I have is that when looking at the Litigation Concluded pages there don't seem to be any from Barclays. Is this because all of us Barclay customers are late joining the bandwagon ?

 

Spotted Dog

[Rooster-UK]

I think that Barclays have an honours degree in delay.

Also there is a theory that Barclays may be caving in but with a Non-Disclosure

agreement. In which case, they're there, but we ain't hearing about them.

[Spotted Dog]

Today 1st June received standard Bullsh*t letter from Barcalys.

 

From Andrew Walton, Customer Relations Advisor

Retail Banking Customer Relations

Leicester LE87 2BB phone 08457 555555

 

" We are sorry you have had to contact us about the level of service .....reply by no later than 23 June call us on 0845 609 0806 etc. Leaflet on complaints enclosed blah blah

 

Am I correct in waiting till 8th June when first 14 days are up to send LBA or can I send off the LBA straight away

[sdouglas]

Hi,

 

I'm sending mine this morning too. Did you include a print-out of the excel spreadsheet highlighting all your workings out? As I do not know whether to include this in the package?! Sam.

[ruare]

I also sent 2 barclays dpa request yesterday, mine and mrs. I will use this one to test the waters before I dispatch the rest. I know it will not be easy, but there is nothing to lose.

 

 

 

 

 

 

 

 

 

 

 

 

2 barclays - dpa sent 1.6.06

2 barclaycard - to send dpa

bos card - to send dpa

rbs card - to send dpa

citi card - to send dpa

2 A@ L cards [MBNA] - to send dpa

[Spotted Dog]

To S Douglas

 

I gave Barclays a print out of all the penalty charges with dates and their descriptions. Also of course the total.

 

Good luck with your claim

[sdouglas]

Thanks for all your help, I'll just wait to hear back from the bank now!

Sam.

[Spotted Dog]

This is the LBA I shall be sending recorded delivery in the morning

FAO Andrew Walton

Retail Banking Customer Relations

Leicester

LE87 2BB

7th June 2006

Your ref 1001CQYJ

Sort Code xxxxxxxxx

LETTER BEFORE ACTION

Dear Sir,

Further to your correspondence dated 30th May 2006 in which you advised me that you may take up to 23rd June 2006 to answer my request for a refund of charges, I am now writing to inform you of my intent to pursue action against Barclays Bank PLC in the Small Claims Court commencing 14 days from the date of this letter.

May I draw your attention to the fact that I stated in my correspondence to you dated 24th May 2006 that I expected Barclays to enter into a sincere dialogue with me regarding this matter, rather than to simply respond by way of generic letters and leaflets. Clearly you have either failed to understand my previous correspondence or else have chosen to ignore its content. I can only assume therefore that Barclays do not intend to respond positively to my request within the time-frame or manner that I outlined in my earlier communication.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £Loads plus £Lots which you have charged me in overdraft interest for the sum which you have taken. Total £Loadsamoney

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 24th May 2006

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

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. If you do not understand what this means then seek advice from your legal department.

I trust that you will now act promptly to resolve this matter.

Yours faithfully,

Spotty

[Spotted Dog]

In the LBA there is a paragraph at the bottom

 

"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. If you do not understand what this means then seek advice from your legal department."

According to the notes it says only to include this paragraph if you intend to complain to the OFT.

I want to complain to the OFT- Does anybody know how to do this ?

I have had a look around on this site and can't seem to find anything.

[Spotted Dog]

I am about to fill in MCOL can anybody tell me who is the defaendant. Is it simply Barclays bank PLC and do I use the Leicester LE87 2BB address ?

[Michael Browne]

I would use their registered address:

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

[Spotted Dog]

Today is when I am going fill in my moneyclaim online.

 

I have also received a (standard) letter from Barclays:-

 

Dear Spotty

I refer to our letter of xxx May 2006

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair Blah blah however we disagree with your view.

 

Blah blah - I am willing to offer you £900 (What on over 3 grand - pull the other one!!)

....................................................

 

I have sent a letter back saying thanks but no thanks - will be continuing our claim for the full amount.

 

Have now filled in MCOL

[Spotted Dog]

Have received an Acknowledgement of Service from MCOL. No surprise, Barclays intend to defend the claim.

 

Keith Jerimiah being the defendant.

 

I presume I need to keep checking on MCOL for Barclays defence. Probably 28 days from now.

 

Spotty

[Spotted Dog]

Just to update my thread.

 

Barclays have submitted their standard defence at the 28th day. (Bummer didn't get to file for Judgement by Default, although I tried many times in the final hours)

AQ and defence received

AQ returned and copied to Barclays 2nd August ( 14th August was the deadline)

Now waiting for date for Court Hearing

 

Spotty

[Spotted Dog]

It has been a very long time but I have at last got a court hearing date.

 

It is the 29th January 2007.

 

So Barclays won't (as usual) be giving a Christmas Present THIS year

 

Spotty

[Spotted Dog]

I am preparing my court bundle - off to do a lot of photocopying tomorrow.

 

Anyone have any opinions or examples of suitable 'Argument' text to be included ?

Should I give a point by point response to Barclays defence ?

 

 

Spotty

[Spotted Dog]

:D

 

Finally got my money back into my account.

 

It has taken 6½ months but has been worth the wait.

Donation on its way tomorrow - I couldn't have done it without this excellent site.

 

 

Going after return of 'Additions' account fees next. Don't want these bloodsuckers getting away with anything !!

 

:D

 

 

Spotty

[Thailand]

Well done Spotty!!

[Spotted Dog]

Can a mod please move this thread into 'Successes' and change the title to:-

Spotty won -- Bloodsuckers Nil

[Spotted Dog]

Donation made to CAG

 

Without the assistance of this site and its members, I would not have been able to get my money back.

 

Thanks to all

 

 

Spotty

[Spotted Dog]

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