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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
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    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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stecol v Barclays


stecol
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Ok, ive received my statements for the last 6 years from the Barclays data team although the charges were not itemised, they simply returned my £10 cheque and bunled all the statements into 2 envelopes which i received about a week apart from each other. It was easy enough for me to mark out the PAID REFERAL and UNPAIDS OUT from these though. I was waiting about 3 weeks for the first package to arrive.

 

I have now filled in the basic charges spreadsheet available from MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more and plan to post this tomorrow. I also used the template letter 2 from this site and will include that with the charges spreadsheet. I am not claiming interest at this stage.

 

Hopefully i should hear back within 14 days.

 

Thanks for the support from the consumer group, i'll keep you updated ;)

 

- stecol

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Guest littlesally

Hi Stecol,

Welcome to the site.

Have a good look around, read the FAQ's and threads so you're loaded up with information.

If you get stuck, post your question and some kind soul will come along to help.

 

Stay calm, no need to panic,

 

Sally x

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Hi Sally,

 

I have been putting this off for a while so have had a chance to read up about it and i now realise that at the end of the day the money is mine.

 

I finally got round to filling out the spreadsheet today, on a bank holiday aswell, how ironic!

 

Thanks. ;)

 

- Ste

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Ok, ive received my statements for the last 6 years from the Barclays data team although the charges were not itemised, they simply returned my £10 cheque and bunled all the statements into 2 envelopes which i received about a week apart from each other. It was easy enough for me to mark out the PAID REFERAL and UNPAIDS OUT from these though. I was waiting about 3 weeks for the first package to arrive.

 

I have now filled in the basic charges spreadsheet available from MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more and plan to post this tomorrow. I also used the template letter 2 from this site and will include that with the charges spreadsheet. I am not claiming interest at this stage.

 

Hopefully i should hear back within 14 days.

 

Hi Stecol.

 

They actually had up to 40 days, so you didn't do bad.

Before you send the charge sheet I think you would be better sending the prelim letter.this is the tried and trsted route.

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

Then follow the other letters laid out in the templates library;

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Include the schedule of charges with your prelim letter

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

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Thanks happyolddog.

 

The letter i plan to send is as follows:

 

[iNSERT NAME, ADDRESS AND TELEPHONE NUMBER]

[iNSERT DATE]

[iNSERT NAME AND ADDRESS OF BANK]

Dear Sir or Madam,

Re. Account number: [iNSERT ACCOUNT NUMBER]

I am writing to request that you repay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to [iNSERT NAME OF BANK].

 

The charges total £[iNSERT TOTAL CHARGE]. I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount. Please find a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

 

 

The letter you mentioned... (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html)

 

This also says include the charges sheet. Should i just send the letter and send the charges spreadsheet printout at a later date?

 

- stecol

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Ah right, thanks Michael, i think that answered my question. happydogs prelim letter is a lot better so i will use this and also send the schedule of all charges. Thanks.

 

- stecol

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quote

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

I am in the process of completing the prelim letter. I have worked out the schedule of charges PAID REFERAL & UNPAIDS OUT but does this include the overdraft interest? I am happy with the figure i am reclaiming, so i presume removing the OD interest sentence will be ok?

 

eg.

What I require

I calculate that you have taken £XXXXX.

I enclose a schedule of the charges which I am claiming with this letter

Is the OD interest the 8% apr? I thought this could only be claimed if the claim reaches the courts?

 

Thanks,

 

- stecol

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the general overdraft interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

If you're not claiming OD interest, then as you suggest, just delete that part.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

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OK,

 

i understand that the standard OD charges are legal but a percentage of this is calculated from the illegal charges incurred. At this stage i will leave this off.

 

- stecol

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I noticed on the spreadsheet i am using that the formula works out the 8% apr based on the 'days since offence' column, this is different for different dates evn though the charge is the same. Can anyone explain this? (I can't seem to find the website which i downloaded this from).

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That's right because the 8% is charged on each penalty from the date it was incurred until the date you file. This is different from an ordinary debt claim which is usually one figure owed from one date and so there would be just one calculation. Wiith a bank claim you may have 40 charges all from different dates so there would 40 separate calculations.

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Thanks Sally, this is the spreadsheet i am using.

 

In answer to Michael's post, my question is...

Is this formula just calculating the lawful interest or does it work out the unlawful interest charges?

I presume it is just the interest for this part as you mentioned...

 

quote:

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

Thanks for bearing with me on this, maths was never my best subject!

 

- stecol

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I presume it is just the interest for this part as you mentioned...

 

quote:

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

Correct. To work out the OD interest on your charges youi need to use the Advanced s/s here:

6. Interest calculation spreadsheets

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Guest littlesally

I am impressed with myself, giving the same advice as MB. I must be getting clever!

Or here too much!!

 

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and give up.

 

Make sure you stick with the winners and you will be one!

 

LOL

 

Sally x

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  • 1 month later...

Hi,

 

Just to update you on my 2007 case...

  1. 12th January - Initial letter for list of charges for last 6 years posted recorded delivery. Included £10 with this.
  2. 15th January - Received letter which explained that the breakdown of charges could not be provided but copy statements for last 6 years could be provided free of charge. My £10 cheque was also enclosed. These would arrive 'within a few weeks.'
  3. 4th February - Received copies of all my statements in 2 seperate deliveries which highlighted all 'PAID REFFERAL' and 'UNPAIDS OUT' charges.
  4. I produced the spreadsheet using the 'basic template' available from the templates library on this site.
  5. 13th April - Barclays received my print out of all charges in spreadsheet. The request was for £2300.00.
  6. 19th April - I received a reply. The letter was quite polite and apologised to me for the fact that i was unhappy about the charges. I also asked for a final decision within 8 weeks which they mentioned and endeavoured to follow up this request although there was no guarantee on this.
  7. 10th May - Received letter from Barclays offering me £1750.00. After looking at my financial situation and thinking about this, i decided that this offer was acceptable.
  8. 19th May - signed return slip and requested money.
  9. 25th May - Money was transferred into my Barclays account account listed as 'GOODWILL GESTURE' on my statement. I found this quite amusing but at the same time very happy. :)

Thanks for all the help and guidance i received from the consumer action group forum and i hope my case details will help other users who are claiming back their money.

 

- stecol

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Guest littlesally

Well done really pleased you got it.

Just goes to show what you can achieve when you put your mind to it.

Sally xxx

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