Mikes mum v Barclays

[moggieb]

Hi there,

 

Hope this makes sense-can someone confirm that the 8% apr that can be added to the charges if (when!) a case goes to court, is per item per day from date of inception? I'd like to include this statement in my premlim letter if its appropriate.

 

Thanks

[Rooster-UK]

The 8% interest under S.69 is given at the discretion of the courts and so should not be added until you reach the MCOL or N.1 stage.

 

If you use one of the spreadsheet templates, it will calculate the interest for you.

 

Regards, Rooster.

[moggieb]

Hi all,

 

Been a while since I posted anything but there's nothing much to post when you're waiting for Barfflays!!!!! (oops-sorry meant Barclays of course).

Sent prelim request on 17th April (for £1770), rec'd @ Churchill Place on 19th. No reply yet although I did make it perfectly clear that we wouldn't accept anything less than that to which we are entitled. I know its 14 days before LBA but is it just 14 days or 14 working days.

 

Thanks guys-this site is an absolute godsend.

[moggieb]

While waiting for confirmation of the above (I think I know but am sorely lacking in confidence at present), have been reading about claiming beyond 6 yrs. This claim is on behalf of my son who desperately needs the cash as he has just become a dad himself! Since the lads (x 4) have grown up and our finances have improved its been a good few years since hubby & I had any charges imposed but the other day we inadvertantly incurred a £30 charge!! This was promptly refunded but am now sending SAR requesting statements since our account was opened!!

 

Will keep you posted on both as we need all your help.

 

Thanks evry1

[moggieb]

Sent prelim request to churchill plce 16th April, received standard reply from Leicester dated 25/04/07-"sorry you're not happy etc. cannot respond within your timescale...full report in 8 weeks etc etc". LBA sent Fri 4 May. Also SAR for joint account requesting details of charges from inception of account-way longer that 6 yrs. This is our first request for this account-wish us luck!!!!!!!!!

[moggieb]

Hello every one,

 

Having received no response whatsoever to my LBA (no surprise there there then-very disappointed Barclays tut tut) I'm about to file my court claim. Everythings fine except I'm a bit confused with time scale. Account was opened in 1998 and closed in August 2006 and I'm claiming for the period Jan.01 to Jun 06 as this was the date of last charge. N1 form states 'claimant claims interest under S69 etc from date when money became due (Jan.2001) to date that claim is issued'. Is this the court claim date (Mon 21st), if so this is almost 4 months over 6 years. Will this make a difference. Any help gratefully received.

[moggieb]

Hi

Can anyone help with the above? Have just read Bookworms post re charges prior to 12/04/2001 being time barred. What counts as date of claim? Am filing N1 next week and don't want to give Barclays/Court any reason for rejection. Am claiming for charges between Jan.01 & Jun.06. I know that there are some really knowledgable people out there cos I'm following loads of threads so I'd really appreciate a bit of advice.

Thanks in anticipation!!!!!

[moggieb]

Anybody,please?

[moggieb]

Hi everyone

 

am about to file my N1 and in the event of receiving no reply to my post #7 I've decided to reduce my claim by amount of charges prior to April 2001 (there's only 4). Prelim letter was dated 16/4/2007 so I assume this is my date of claim or is it the date I file for court. Any advice would be great.

[moggieb]

Hello all, Anyone please comment on my post? I really want to file my N1 but don't want to give Barclays any chance to turn me down due to some charges being over 6 years old.

 

Many thanks.

[saintly_1]

They wont ........ file your N1

[CAZKATJOE]

No claim date is date filled I think I did mine through MCOL so slightly different.

You could phone the courts to confirm. they are really friendly so its not a problem.

 

Hope this helps good idea at this stage to stick to the 6 yrs, Dar£n is going for after six years now, so we are all watching him and i may go for it now i have settled mine. But it is dodgy ground as it is not proven yet, so stick to your 6 yrs for now.

Caz

[CAZKATJOE]

OOOh saintly disagrees with me oooh not sure what to advise now, guess it is down to you, some people have got away with it, I dont think they are reading them, it is down to you i am afraid.

[saintly_1]

Caz .... you are way ahead of me i just go on what ive read on other threads as thats all i can do at the moment and hopefully by reading i will know what to do when i get further along

[dar£n]

moggie,

 

I am so sorry no-one has picked up on your thread.[before today]

 

your dates if needed are from the earliest charge to the last charge at the point of filing with court, this means if you where charged another fee of £30 last monday and you filed today, you could add it to the rest.

 

These dates are shown in your SOC's and how the 8& interest is calculated.

 

Yes you can claim for over the six year period and it is best done along side the more recent ones. my claim #2 is purley beyond 6yrs and i'm expecting a nightmare with it due to the limitations act etc.

 

Once filed at court send both parties an updated copy of your SOC's [by recorded delivery]

[CAZKATJOE]

Hi Margaret, I found you, so now i will add you to my favourites and keep an eye on what is going on with you.

 

OOH daz you found Krysta again, nice to see her back!!!!!!!!

Caz

[moggieb]

Thanks you two-much appreciated. I think I'm going to knock off the few charges that are over 6 years just to be on the safe side. Off to file my claim.

[moggieb]

Hi Dar£n,

 

Thank you for replying-realise that things get very busy on here.. The account is now closed so no more charges. The ones I'm claiming are Jan.01-Jun.06 but I'm thinking of knocking off the pre April 01 due to being time barred (as per Bookworms recent post). Is this correct? This is my first claim.

 

Marg.

[moggieb]

Hello everyone,

Filed on MCOL yesterday and am sending 2 x copies of SOC to Northampton tomorrow. I also intend to send a copy to Barclays with the following covering letter. Does it sound OK? I know this step isn't strictly necessary as I send a copy to their solicitors at a later stage. Just want to be sure they can't claim that they haven't received it although have sent SOC at prelim & LBA.

"I refer to my letter of 4th May 2007 to which you have failed to respond within the given timescale.

Please find enclosed for your information a copy of the schedule of the charges which I intend to reclaim through the courts, two copies of which have also been forwarded to Northampton County Court.

I would of course be willing to settle without court action for the sum of £xxxx.xx which includes court fees of £120.00 thus far incurred.

Should the matter proceed further then interest will continue to accrue at a daily rate until court hearing."

[moggieb]

Thanks in advance for any input!!!!!!

[dar£n]

Thats fine, but realistically dont expect a reply at this stage.

 

Also,

 

Send your SOC's to Barclays using Recorded Delivery

[moggieb]

Morning Dar£n,

 

They haven't acknowledged my LBA so I don't & I will!!!! Thanks.

 

M.

[moggieb]

Have just checked MCOL and Barclays have acknowledged my claim at the last minute as is the norm. Oh well, at least now I know that they know I exist-cos apart from their usual 'we will get back to you in xxx days' have heard nothing. Will now wait until at least the 25th for their defence-oh well patience is a virtue don't they say?

[moggieb]

Hi all,

Hope someone is around to advise me on this. Filed on MCOL on 23/5/07 and Barclays acknowledged on 11 June that they intend to defend. So far so good. Now, this claim is on behalf of my son and I thought it was all straight forward. I knew he'd closed this account last August when he & his partner opened a joint account elsewhere. I didn't know that he stilled owed Barclays £600 in lieu of his overdraft and he's paying it off so much a month. Anyhoo, he received this letter yesterday. Note its in response to their own correspondence with no mention of his court action-

 

"I refer to our letter of 18th May 2007.

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you however, that we disagree with your view.

When an account is opened with us, our customer is provided with a copy of our terms & conditions relating to the use of their account.: including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms & Conditions, we provide details of these changes to our customers in line with the Banking Code. Details of our Terms & Conditions along with our charging tariff can be obtained at any of our branches or via our web site.

I note there is an outstanding debt in your name for the amount of £660.09. Taking this into consideration, despite my comments above in relation to your views, on this occasion, and without any admission of liability, I am willing to offer the sum of £1300 in full and final settlement of your claim. This sum to be used to repay your debt and the balance sent to you in the form of a cheque, This is with the cost and inconvenience inherent in a further dispute in mind and is intended to be a gesture of goodwill.

Upon repayment of the debt, we will lodge a notice of satisfaction with the relevant credit reference agency, but do not intend to make any further amendments to the existing record.

If you would like to accept my offer etc. please sign and return attached form etc etc. If dissatisfied you may be eligible to refer to the Financial Ombudsman service. If no reply in eight weeks shall assume complaint is resolved and will close case."

 

Amount of claim at the moment stands at about £2000 inc. the 8% but not CI. Will the fact that he's in debt to Barclays affect his chances of winning and I'm also a bit worried about the credit reference agency part. Is it too late to do anything about this as I didn't realise things were this bad. Sorry this is such a long post. By the way I'd like to carry on if its worth it. Thanks

[saintly_1]

send them a letter of rejection http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html i think number5 suits your case ...... amend it as necessary

Then carry on