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Changeling24 Vs Barclays


changeling24
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Hi All

 

My first post on here after lots of reading! great site keep up the good work...

 

I already have all my Barclays statements going back six years as i have been self-employed for a number of years, after totting up the amount of charges i got it worked out at £3,810! i couldnt believe it!

 

So anyway following the great instructions on here i sent my preliminary letter to Barclays on 4th April, so i am currently preparing my LBA to send off on 18th April, having only recieved an acknowledgement of my complaint.

 

Just waiting now to see what they offer - am fully prepared to go to court - the charges they have levied on my account have cause me a great deal of hardship over the years and i want it back! However the prospect of going anywhere near a court fills me with dread!

 

Cheers

 

J.

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Welcome!

 

With any luck, you won't have to go near a court at all; just convince them you're willing to!

 

Best of luck.

 

D.;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Hi Changeling i am chasing money back from barclays too, a bit further along than you though. The court thing is really easy when you get to that stage you just fill in a couple of forms online. I personally am not worried, the next stage for me is an actual court date but with the help and resources available on this site i will be well perepared, barclays battered me when i was self employed and i am gonna enjoy getting my own back i won,t settle for less than the full amount + interest.

Best of luck

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Hi Changeling, welcome to the forum,

Oneofakind is right - Barclays don't want to go to court even more than you!

Just follow the time-scales as recommended - don't be distracted by time-wasting letters, and you'll be Ok.

I've just had a full settlement from HSBC (last week) and I'm waiting for a court date for Barclays. Once the court date is announced I expect to recieve a full offer - so, it's just a case of 'be patient and it'll work out'. And these forums will give you all the support and encouragement to stick with it - you only have to ask!

Best of Luck

Cheers

John

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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thanks for the kind words i know that there are lots of people on here that are prepared to support me (and the multitude of friends i have recommended this site to as well!)...

 

it really feels like there will be a judgement soon that can stop this sort of thing happening to other people - to be fair everyone in my local branch has mostly been good but since writing to barclays i have incurred another £90 of charges for going just £30 over my limit and now that i am mostly in credit with them i can really see the injustice of it - when i was broke getting a £30 charge seemed ok when i knew there was money coming in!!

 

Anyway my LBA is being prepared tomorrow although i think i may have to change the wording as they have responded (albeit with the standard complaints leaflet) - i am thinking of starting it by thanking them for their response and then telling them that they have completely disregarded my letter...

 

cheers again for the support people!!

 

J.

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You could try something like:

"I am disappointed that you have failed to respond more positively to my letter of xx xxx xxxx

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 rather shocked that you 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 £xxxx.xx in charges for ............. 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 xx xxx xxxx

 

 

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."

Then after 14 days start Money Claim On Line!

Go get 'em Tiger!

John;)

 

 

 

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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thanks jonnymitch that sounds like the perfect way to go!

 

in reply to previous poster i am only going for six years - mainly due to the fact that my records are incomplete going back further and i know i have had a few refunds due to me playing the poor ex-student and also when i was actually at college they didnt make any charges whatsoever!!

 

cheers for the quick responses i feel a lot more at ease now i know i have a team of rottweillers on my side!!!

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ok so i have just printed out my LBA and put a stamp on the envelope - its ready to go! the the games begin...

 

cheers everyone i am really hoping to buy myself a new laptop this summer!! let's hope it's on barclays!!

 

J.

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Extra infoWell done J - now sit back and wait for 14 days, unless any realistic offers come your way. (not very likely! :rolleyes: )

If you have time while you're waiting, have a read of the MCOL procedures, so you're up to speed and ready to roll for the next stage.

 

You'll be OK

John

PS try this thread:

Getting MCOL Right

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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cheers johnny - i cant say i hold much hope for a good offer so i will try to read up about the MCOL procedure...

 

i will be going on holiday for 11 days just after my deadline - do you think i should wait before submitting the MCOL or will it take a while to get a response?

 

J.

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I would submit MCOL beforehand J, it'll take about 5 working days for the 'Notice of Issue' to take effect, then the bank have 28 days to react to that with an acknowledgement, then possibly submit a defence,so you can happily go off on holiday and forget about it! But at least it'll be in the system while you're away - shortens the time scale for when you do get your money back - if you're like me you'll need it after a holiday! :)

John

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 2 weeks later...

hello people

 

just a note to say i am going to be filing with the courts soon - will probably go the MCOL route unless anyone has any strong feelings otherwise - also i am going to add on some charges i got last month - another £60!! - do i have to inform barclays that i am ammending my statement of charges or do i just add it onto MCOL...

 

I guess at this stage i add on the 8% interest as discussed on the forum...

With interest my charges now come to £4,728

 

wish me luck! Barclays have until thursday to respond however i might not be able to afford to go to MCOL until next week anyway due to their excessive charges!!!

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I filed with mcol on saturday and added my 8%. will keep an eye on your posts as we're at the same sort of stage.

GOOD LUCK :) :)

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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great! thanks tipsyonbacardi i will be keeping an eye on your progress too! hopefully in a few months we will be swimming in bacardi!!

 

Now theres a thought that makes me want to fight to the end lol :p

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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I think your onto something, I might ask them to pay me what Im owed in vodka.

Barclays Bank - WON :-D

Virgin - Sent N1 form

Lloyds TSB - waiting for court case to end

Egg - WON :grin:

Barclaycard - statements sent for

Halifax - statements sent for

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Depends whether you get your lager from Met Bar, Wetherspoon's, or Netto..:D :D :D :D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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another £60!! - do i have to inform barclays that i am ammending my statement of charges or do i just add it onto MCOL...

 

You can add them to your MCOL claim. once filed send an updated copy of your SOC's to Barclays and the court. with this letter

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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