Just going to "have a go" at Barclays...

[dar£n]

Ermm dont believe that for one minute, if it goes to court with T's & C's requested by both parties, you can BET Barclays have got a copy,

 

Companies like these keep copies of everything, just because theyre no longer available to joe public doesnt mean they dont exist..

[jackieandwayne]

Good morning gang. Statements arrived yesterday, all printed direct from microfiche by the look of it.

 

I have had a brief look, but will now need to sit down tonight and go through them properly and take my time.

 

In the meantime, I saw a thread on here a while ago where someone kindly pointed out which bits you could claim. Can anyone point me to this - it mentioned REFFERAL UNP etc, as all I can see after my brief look is UNP so far. I just want to read up and make sure I getting it 100% correct. Plus it is early in the morning and I only have one eye open right now!

 

As an aside i saw a friend last night, and she was telling me about our hairdressers fight with Barclays. Silly girl, went through all the palaver of working out ishe was owed £750, Barclays told her she could have £150, and she was told in such a way that my friend now understands that you have to take what they offer otherwise you get into trouble, and also that we are responsible when the banks have to liquidate! Oh yeah, right! And yes she believed them and accepted it and could kick herself now.

[dar£n]

Look out for

UNPAIDS OUT

UNAUTH OD FEE

PAID REFERRAL FEE.

 

Go through you statements, highlight the charges, enter them on the spreadsheet.

go away, have a coffee,

come back and go through again to make sure you havent missed any.

[jackieandwayne]

Thanks dar3n, cuppa just coming now, other eye open now!

[saintly_1]

Then once you have gone through them a couple of times to check them .... poor yourself a stiff drink/glass of wine and relax

[MoneyKing]

but make sure wine goes into mouth and not onto the hard work you have just completed! ;-)

[jackieandwayne]

Right have completed the simple spreadsheet, the one which has one page and calculates the 8%. Is this the 8% for s69 of the County Court Act, or do I add another 8% at court stage? Can anyone point me to a thread where all this interest ect is explained? I'm sure i saw a thread on here where someone charged the bank their own interest rate BEFORE the court 8%.

 

Also I see the final entry which is stacked ready to be applied to my account on Monday is COMMISSION they have charged me £30 for being £10 over my od limit and called it COMMISSION. Can I claim for this, i suspect they arejust trying to disguise their charges now!

 

I had a look at themore complicated spread sheet, just going to have another look now.

 

The charges are no where near what I imagined,although I do remember themost horrendous time, but from these statements I can clearly see who the culprits were, mortgage company, loan company, credit card company etc, so once this one is settled I am going to have a go at them. And then we'll start on OH's closed bank account. ;

[dar£n]

The other interest amount is CI Contractual / Compound Interest.

.

Add ALL charges before filing for court action

 

Once completed your court action, send a copy of your SOC's to both parties. [recorded delivery]

[saintly_1]

The interest on the simple spreadsheet is the 8% for s69 thats what is added at court The other is Contractual Interest that is added BEFORE . However you cant claim BOTH lots of interest

 

The commission is the new term for anything they take out ie unpaids out/referrals/account fees/overdraft interest . noticed these on my last statement and yes you can add any new charges (not account fees) until you file at court

HTH

 

saint

[jackieandwayne]

I sent my initial letter and schedule of charges on Friday. Recorded delivery. From tomorrow I'll start counting the 14 days. 2nd July, I should have had a "holding letter" or if really lucky a partial offer. Fingers crossed! Will update as and when happens.

[Trucker]

I got a holding letter after 10 days on the 11 june ... holding til 9th july.... i think by then they will be thinking about their defence...lol

[jackieandwayne]

Call me suspicious but I think I have stumbled on another tactic of Barclays. I was expecting my petrol money into my account yesterday, so at lunch time I went off and filled up, paid with card, took £20 cash out. No problem. When I got in last night I thought, well, I'd better check how much I've got, I hadn't been back to the office to pick up my advice slip. Checked on the internet. Well, my petrol allowance is not in the bank and for some strange reason Barclays have removed any restriction to drawing cash and paying for things if I am not in credit! Obviously they will now charge me for going overdrawn, and yes the petrol allowance is three days late in being processed, hasn't even been sent off yet.

 

But, are Barclays doing this on purpose to demonstrate in Court that I have deliberately abused my account? Just a thought - this is very strange!

[jackieandwayne]

I received the usual, we'll be back toyou within 8 weeks yesterday. LBA recorded delivery today. Partial paultry offer next perhaps?

[jackieandwayne]

Got all excited yesterday, other half rang to say letter from Barclays here for you, so I dash home to find they are charging me another £30 for being £4.27 overdrawn! Oh well, next letter might be the paultry partial offer! By my calculation if I have had no communication by 17-7-07 its off to Court we go.

 

I shall add this charge to my spreadsheet, its great that spreadsheet, everytime I look at it the interest has gone up! Actually, I don't care how long this takes to resolve - its costing Barclays a little more each day the muck me about, and i feel like the King in his counting house! Hope it don't all go belly up!

 

Will keep you posted.

[jackieandwayne]

Quick update then. Letter arrived today saying "unable to respond until after 14-8-07". Well, they might not have the time, but I do. Off the collect N1 pack Friday, then chocks away!

 

By the way, I went to Court for work, all prepared to chat about this to my friendly DJ, and what happens? He's on holiday and i didn't like the look of the stand in bod at all - he kept looking at me over his glasses! I will try and catch my usual guy, it'll be him who deals with it anyway as Poole is his "kingdom"!

[saintly_1]

Ive had a couple of those letters as well .... im heading to the court Monday morning with my N1 in triplicate

[jackieandwayne]

Right, I was off to Court tomorrow with my forms all filled out. Yesterday I got a letter from Barclays confirming that becuase of the OFT test case if I file a court action they will immediately apply for a stay depending on the outcome of the case. They included a glossy A4 pamphlet full of FAQ. Ovbviously they been preparing this for some time now. They confirm that they have no current obligation to answer my complaint right now. But the way theletter is worded, as well as the leaflet, it seems they fully expect to lose? Reading between the lines that is!

 

I'm going to take the advice of this site and still go ahead and put my claim in.

 

Am I doing the right thing? I have used the new particulars of claim that were posted on here recently.

[welshcakes]

HI J&W

 

Do you have scanning facilities so that you can paste the leaflet into a post on this thread? Would be interesting for us to see the wording

[jackieandwayne]

No I don't have scanning facilities but I am happy to copy it and post it to you if you tell me where to send it. I think though that this is a "global" leaflet that has been used by all the banks/building societies and jsut altered to the particular institutions colours etc. Its a nice glossy double sided A4 sheet and must have taken a little time to prepare. I imagine anyone now registering a complaint is going to get one of these glossies and covering A4 double sided letter containing splurge! Let me know where it should go and I'll get it to you.

 

Am I doing the right thing by continuing with my Court claim? Of course the leaflet assures me there is now no need to do this, I will not be disadvantaged when the outcome of the test case is known!! Yeah right!

[welshcakes]

Hi J&W

 

Copy of glossy has been sorted thanks and whilst Barclay's generosity in knows no bounds, no one should alter their course of action or timetable

[jackieandwayne]

This is what I think - I'm probably completely wrong! As I understand it, any case settled in the Small Claims Court, does not alter current law, does not set legal precedents etc etc. It is not Barclays deciding that the Courts will issue a stay, pending the outcome of the test case, surely this must be the decision of each individual County Court judge. Therefore I am going to go ahead and issue my claim, and if a stay is granted to Barclays I think I might try and argue that the test case is not my case, my argument with them is current and causing hardship and I have the right to ask the Small Claims Court to settle it one way or the other. The ruling from the County Court will not affect their test case,therefore what is the problem? On the other hand, if they are now intending to defend their charges then they could quite easily defend my case couldn't they? After all they must now have all their case evidence in place ready for their big day?!! So defending themselves at County Court level shouldn't be aproblem for them - should it? We'll see!

 

Any thoughts or ideas?

[jackieandwayne]

I got a letter from Barclays this morning. It said "we note you keep going slightly o ver your overdraft limit, we are not overlyc oncerned about this but if you care to ring the number at the top of the letter you can request an increase in your overdraft limit to helpyou avoid further bank charges." Well, ok, I rang them to get the brush off immediately! Anyone had this letter and then when you ring they refuse to help? I thought I read somewhere that they are supposed to be assisting where they can whilst this test case is ongoing? They are just playing lip service by sending out letters like this.

[welshcakes]

Hi J&W

 

"It is not Barclays deciding that the Courts will issue a stay, pending the outcome of the test case, surely this must be the decision of each individual County Court judge."

 

This is correct and whilst recommendations and guidelines have been distributed to the cc judges, they still have command of any discretion they wish to exercise in whether or not to self impose/accept a Defendant Stay.

 

Posts are popping up every so often on the forums confirming that cc judges are electing to proceed small claims cases even in instances where banks have requested a Stay (and this has recently happened with a Barclays case).

[jackieandwayne]

I've just been reading the stayed cases thread, and chec\ked with Poole, sure enough, all cases to be stayed.

 

I do a bit of court paperwork in my employment. I've always been told by solicitors etc NEVER to tick the box asking if Human Rights will be affected as it opens up a whole can of worms. The paperwork I do is me asking the court to grant something in my favour, without going into too much detail on here!

 

Now, what would happen if, when I submit my claim to my court which I know is going to stay it, I ticked the b ox on the form to say that yes, this affects my human rights, and put a covering letter in to say that under Article ....... I have the right to be heard, judged whatever (would have to look it up!)

 

Any thoughts? Is this something we should all be doing?

[jackieandwayne]

And another thing, welshcakes you said that courts and judges have been issued guidance, well, can anyone on here show us notes or documents? It would be great to know what they had been told and I'm sure there are County Court staff on here claiming back bank charges! After all we managed to get old terms and conditions easily enough when the banks said they couldn't supply them! Just a sneaky thought!