Mega Urgent! Offer made-what refund methods??

[fabianne]

I have opened a A and L current account and will try running that instead for a while.

Thanks xx

[fabianne]

I have copied and amended the details on the 'thanks but no thanks' offer of a goodwill gesture letter in reply to Barclays. I have included this line as they have piled on lots more charges since then:

 

"I also request that you return all charges imposed on this account since the date of this letter"

 

Is this suitable and do I now give them 14 days before going to Court(that is all ready just needs additional charges adding to the spreadsheet)

This was also subject to a complaint about my bank manager-do I mention that or just go straight to the FO?

[rogerebaker]

Fab

 

Barclays aint gonna pay until about 3 days before the court case so as soon as you can get it moving to the court stage the better.

 

Good luck

[Rutland1123]

Hi Fabi

So sorry to hear your news, but remember if it wasn't for the hard working self employed, the banks would be nothing, if you can survive on on a building society account all the better!!! Keep with it girl and don't let them grind you down, make sure you get every penny you are entilted to back.

We have just sent off our prelim letters and your emails have been an inspiration to me, I will keep you posted.

My hubby has just opened an account with the Nat West, they seem really keen to take Barclay business away, maybe give them a go!

Hope all goes well for your, we have to stick together against these institutions!

Good Luck:p

Deb

[Lizzy]

Oh Fabi. Sorry to hear your news. I know exactly how you feel (re previous post). We too have given up fighting running our own business. Hubby has had it for about 20 years and he dad opened it it 1962. Barclays have an awful lot to answer for and we are claiming some of it back. I'm not brave enough to go back further. Actually its not the bank that has made us decide to finish, its all the other problems with having staff, premises etc. VAT, PAYE, Health and Safety etc etc etc you know what I mean. He is a joiner manufactuer not an office worker. The pressure is too great. He is going to do it on his own, perhaps we might just get to keep some money you never know. You too I hope, I wish you the very very best in your freelance work. This could just be the push you needed.......they say as one door closes another one opens.

 

Lizzy

[Welshman]

Fabi.

You can add the extra charges on to your claim for free up until you file at Court. After you file it will cost you (I believe) £35 to amend your total but this will also mean delaying the Court Date.

 

Wish you all the Best

[fabianne]

Thanks to all for your replies,advice and wishes-it means a lot to me right now.

Am getting into the swing of things again.

I am just very panicky as there is much doo-doo that is gonna hit the fan real soon and I am considering bankruptcy at the mo.

So,do I now reply to this goodwill and give them 7 days to reply or 14 days?

Or do I reply,amend the Money claim file I have saved with the new charges since the 'fobbing off' tactics and send it straight away to avoid further delay.Do I HAVE to give them 7/14 days notice of my intention to go to Court?Or can I jump start it again now???

[fabianne]

Anyone any ideas on the timescale pretty please?

Am kicking my heels waiting to post it off here

[Money4Nothing]

Did you send your letter before action on the 26th October as you said you were going to?

If so - you really should give them the 14 days, as you stated in that letter.

So that's around 9th November you can file your claim.

Sorry to hear that this has had an impact on your business, it really is a sad story - and I wish you lots of luck.

 

edit:

Sorry, just read your last post again...

I started reading this thread before lunch, and just finished.

So - you've already filed a claim with MCOL...?

And you are just going to amend the claim?

I was just confused - you've already started the claim, but didn't give them a letter before action, is that right?

 

m4n

[rogerebaker]

fab

 

I personally would stick with your current claim which to be honest is the majority and when they have been returned start again for the rest.

 

Regarding barclays.

 

I think I can say from experience that between 3-7 days before the court case / or directions hearing you will get a call offering to settle.

 

so its a waiting game really.

 

I had one or two conversations with Barclays litigation and I have a feeling they would have settled before the court case for about 80% of the claim. In your position it may be something to consider especially if it would stave off bankcrupcy.

 

Im sorry to hear of your dilema but your almost there try and hold them off.

 

rog

[fabianne]

Hi and thanks for your comments

Sorry to confuse you all-I sent the prelim and the LBA then rejected the offer and was on my way to Court(was saving up for the fee's)

Then I lodged a complaint about my business bank manager with Head Office and quoted Section 14 of the business banking code.

They then told me they would look into the bank charges I was querying again, as part of the complaint about my manager's unhelpful attitude etc.

I followed this complaint and phone calls up with a letter with an amended spreadsheet totalling all the charges up the date of my complaint(more have been added since then)

I then get a goodwill letter offering £1000 as a f and f settlement-but no mention of my complaint.

So I have my reply here saying they have until 13-11-06 (14 days) to comply before going off to Court.I have prepared the Money claim online and done the spreadsheets with interest,so it all ready to go -when I am sure I get the sorry but stick it letter that they will send next.

Should I add a comment about my complaint with this no thanks to your offer letter?

I just have that much paperwork and problems to sort that my head is spinning-normal(ish) service will resume asap-or when I stop having nightmares about bailliffs breaking into my home whichever comes first.

[rogerebaker]

Hi and thanks for your comments

Sorry to confuse you all-I sent the prelim and the LBA then rejected the offer and was on my way to Court(was saving up for the fee's)

Then I lodged a complaint about my business bank manager with Head Office and quoted Section 14 of the business banking code.

They then told me they would look into the bank charges I was querying again, as part of the complaint about my manager's unhelpful attitude etc.

I followed this complaint and phone calls up with a letter with an amended spreadsheet totalling all the charges up the date of my complaint(more have been added since then)

I then get a goodwill letter offering £1000 as a f and f settlement-but no mention of my complaint.

So I have my reply here saying they have until 13-11-06 (14 days) to comply before going off to Court.I have prepared the Money claim online and done the spreadsheets with interest,so it all ready to go -when I am sure I get the sorry but stick it letter that they will send next.

Should I add a comment about my complaint with this no thanks to your offer letter?

I just have that much paperwork and problems to sort that my head is spinning-normal(ish) service will resume asap-or when I stop having nightmares about bailliffs breaking into my home whichever comes first.

 

fab

 

As before they aint gonna pay until a few days before court so if I was you Id get on with it. Money permitting.

[Lizzy]

I feel these are two separate issues. Return of the funds and the complaint. Go for the MCOL if you can. I did mine the day before they sent me and offer of 1k so I never responded because it was too late. It was not going to be accepted anyway.

 

If you are worried about the bailliff is it only from Barclay's ?? if so if the account/money owed is in dispute they can't do anything until the case is settled.

 

Have you considered an IVA this is could be a better bet. We are a limited company so no loss to our house etc if the pressure gets too much. We are hoping to have finished it by then anyway.

 

Good luck

 

Lizzy

[fabianne]

I have posted the 2nd rejection letter today-with updated charges now totalling £2640.00.

I will also write as you suggest Lizzy about the complaint tonight and draft a letter to the FOS about it all(yet another letter to write)

I currently don't have the disposable income necessary to do an IVA so have sent letters to my creditors asking them to consider an Informal Arrangement to buy some time,with token payments.I have advised by Business Debt Line and Payplan to do this after going through my complicated problems.I have no real assets,so bankruptcy has been suggested and I need to burn more midnight oil researching this avenue thoroughly-but I am too proud to do that right now.

I have the worry about my ex Landlord to deal with now too.

I just need to work through each problem one at a time-but more keep piling up!

I am just worried about bailiffs as I am working from home and the door gets answered,I have read up on this subject now and know there are timescales that they have to adhere to.

I am trying to stay positive but the stress is high-the help and support from you guys here is invaluable.

Thanks again

x

[Lizzy]

Don't be proud honey. If they can't take your home, I would let go. I know its easy for me to say but a few years ago we gave up the fight and went bankrupt as the IR would not wait for their money. It was a limited company then but my hubby wanted to fight to the bitter end. When he did give up it was as if a weight had been lifted and we sat back to see what happened. Nothing did..... no phonecalls no letters, nothing......the receivers did it all.

 

Think tonight what can be taken, your car perhaps, your tv, computer. You can keep the tools of your trade. They can't take anything that belongs to anyone else. Not so bad really. Once you have gone bankrupt its up to the creditor wether they persue getting anything from you. If you owe them a few thousand I doubt they would even bother for the few hundred they can hope to realise and once its gone its gone.

 

I'm not really sure it happens that way anyway. With us the receivers made a note of the valuation of the assets. Wrote to the creditors and said we (the receivers) need the money for our fees and you can have the rest but there wont be any left for you. The assets were a £2500 machine and a £700 van. The rest was owned by his father and the workshop rented.

We ended up buying them back before auction.

If you do go bankrupt it will be on your credit file but it is only for a year now bankruptcy. The thing is though if you declare youself bankrupt you have to pay to do it. You could wait until someone does it for you but I would get in quick as you have more control of the situation.

What is the problem with your landlord (as a landlady myself)?

 

Read all you can, see what you will lose. If you do it once its done you can start to keep some money at long last. You could always put your bank claim on hold because that will go to the creditors.

I know you must be worried out of your mind. Life is worth the fight, debt isn't.

 

We tried again and have given up and ended it before bankruptcy. Twice bitten Im afraid.

 

I know people might read this and think its all easy this, starting businesses and going bankrupt. It is the hardest thing ever trying to make a sucess of it, its not through lack of trying, trying and suffering.

 

Chin up

 

Lizzy X

[fabianne]

Hi all

Just to let you know that I scraped together the £120 and filed on MCOL last week,got the form back a few days later.

So now I have to sit tight and wait for the bank to defend I guess.

Not been on here much-been sorting out my financial mess!Plus my broadband connection is down so am on dial up which is pretty slow.

Hope everyone is well and getting somewhere with their claims.

[rogerebaker]

Fab

 

Im glad your on the way. I managed to get a judgement against Barclays yesterday as they hadnt acknowledged the MCOL. Hopefully a week from know when they realise they will be settling

 

Keep an eye on the MCOL they are obviously snowed under. This is the 2nd time its happened with Barclays.

 

Rog

[fabianne]

Hi rog

Good luck-let me know what happens next won't you?

How long do you give them to acknowledge the MCOL claim then?Just so I know and what do you do then?

Sorry to be dumb but haven't read about this-am snowed under myself with paperwork

Fabi x

[rogerebaker]

Hi rog

Good luck-let me know what happens next won't you?

How long do you give them to acknowledge the MCOL claim then?Just so I know and what do you do then?

Sorry to be dumb but haven't read about this-am snowed under myself with paperwork

Fabi x

 

They have 14 days to acknowledge the claim from the day it is served. this is usually 5 days after it is issued. The exact date will be on your correspondance from the court. If they acknowledge they have 28 days from the date it is served to put in a defence. If they fail on either of these deadlines you can press the Judgement button online or if you did it at a court apply for a judgement. If you did it online you cant apply for a judgement until the deadline has passed so its fairly failsafe.

 

Barclays have in the past asked the claimant to agree to a set aside of the judgement and settle in full at the same time.

 

Good luck

 

Rog

[fabianne]

Barclays have filed a defence and now it has been moved to the local County Court.

Although I paid the £125 fee with MCOL they are now asking for a further fee of £100-do I have to pay this also???(am skint)

[rogerebaker]

Barclays have filed a defence and now it has been moved to the local County Court.

Although I paid the £125 fee with MCOL they are now asking for a further fee of £100-do I have to pay this also???(am skint)

 

This fee is for filling out the Allocation Questionaire which you have no doubt got. Dont forget to look in the template library for information to put in the AQ. It has been recently updated

 

This will be returned to you when you win but as I understand the only way the courts waive the fee is if you are in receipt of income support etc etc.

 

Probably best to speak to the court see if your situation qualifies for a waive of the fee.

[fabianne]

Hi all

Need help again!!

Applied via MCOL, the case has been moved to local Court now-paid the extra £100 Court fee and am now waiting for the date.

BUT-got a letter from Barclays regarding my business account, terminating my agreement with them and asking for the full amount of overdraft to be repaid or further action taken.

The account was over the authorised OD amount (because of excessive bank charges)

They have also terminated my personal account and the business loan I had with them-asking for them both to be paid in full.I opened a Alliance and Leicester account as a new account in case this happened.

Any advice welcome,finances in a mess since the business had to cease trading,trying to sort it all out,write letters,fight Barclays and all getting a bit too much!!

Are they allowed to terminate an account when it is in dispute?

Any wording for a letter to send to them would be useful if anyone else has had this-or if anyone has had the same letter-please let me know.

Thanks

[CrispDust]

Under the banking code (and possibly statute law or other regulations?) they should take no further action on the account that is in dispute.

Try the banking code standards board. Banking Code Standards Board

Perhaps a mod can point you to the right place.

Are the unlawful charges a large porportion of your debt to the bank?

[fabianne]

The charges make up more than the overdraft on the account.The overdraft is around £2800 and the charges amount to £3200.

The termination notice also tells me they will be applying a daily rate of £2.03 until the full amount is paid off and they are demanding it is done so before 5th Feb 07.

I put together a letter last night-if I post it will someone in the know pick over it before I post it later today (recorded delivery)just to make sure I have not made a boo-boo please?

They have also terminated my personal account with them and sent me a default notice for the business loan I have with them.I have worded my reply differently to these letters as they are not in dispute at the moment.All the letters are signed from my branch/business manager not from Barclays head office-should I cc the head office to d'ya think?

All help very gratefully received on this-I don't want to trip myself up at this stage.

[fabianne]

Dear Mr Lovely Helpful Bank Manager

 

Re: Account Number-******** Business Current Account

 

Thank you for your recent communication regarding the Termination of my account.

You are requesting that the sum of £***** is repaid by 5th February 2007.

 

As you are aware from previous conversations, correspondence and complaints on the matter, I am currently in dispute with Barclays Bank regarding unfair bank charges applied to my Business account. These charges led to severe cashflow problems for my business and contributed to my ability to continue to trade.

 

My Court application regarding these charges has been received and has now transferred to Salford County Court, I am currently awaiting a date to be set for the case to be heard.

 

I notice that you intend to apply daily interest charges of £2.30 per day in addition to the unreasonably high bank charges applied to my account after my application to Court. I request that no further charges or interest are applied to my account whilst it is in dispute.

 

Thank you for your assistance, I look forward to hearing from you as soon as possible. I would appreciate it if all correspondence was in writing to keep an accurate record of the situation.

 

Yours Sincerely