Mattyfez Vs Barclays

[MATTYFEZ]

Hello all, great site here,

 

Im currently waiting for Barclays to respond to my request for a refund within 14 days, or a court claim will be filed.

The amount in question is £3008.67

This includes "unpaids out", "paid referal fees" and additions "account fees", all calculated with 8% interest using the spreadsheets.

 

I got my 6yr history on the second attempt, I requested the first one over the phone ( mistake )...needless to say it didnt arrive and I had to send an official DPA SAR.

 

Thats it for now...all comments welcome and thanks again for a great site!!!

[Micky the Hippo]

'additions account fees', not sure you can claim those, not if they're some sort of fixed monthly fee, you can reclaim them if they changed your account type to that without asking you

 

and you shouldn't add the 8% until you start court proceedings at the N1/MCOl stage

 

Read the step by steps and get savvy with the routine, it'll get a bit more fiddly soon and you need to do thing right and in the right order

 

Prelim letter, then LBA letter, then MCOL/N1

 

best of luck

[MATTYFEZ]

Thanks for the reply Micky,

 

The reason Ive asked for the 8% now is because I have every intention of claiming the full amount back, so Im just being upfront to avoid them making me an offer that will be refused.

 

I understand that the procedure is to wait until a court claim is made before claiming the 8% but dont see why, it dosent seem to explain it anywhere.....and banks have no problem demanding interest on debt....its a two way street, right?

 

With the additions fees, they are legitimate if they are agreed and signed for, however in mine and others cases the fee was put on the account automaticly and was left for the account holder to cancel if they didnt want it, which is pretty much theft in my eyes... shocking

 

 

cheers again

[Micky the Hippo]

Additions: I hear you, there are threads dealing with this, I suspect it might be a slightly different argument needing at least a different paragraph to the regular charges

 

As regards %8, that's an interest charge awarded by the court and is not applicable until you've started court action, it's made very clear in the step by step instructions on this site

 

If you're feeling bullish, use the Mindsai complex spreadsheet on here which will let you claim compound Contractual Interest at either the authorised or unauthorised rate, that sticks a load on the claim

 

it's aggressive and might not stand up in court but the banks never go to court and have settle CI claims a lot, it might mean more arguing and time

 

you can't claim the 8% if you claim CI

[oneofakind]

Matty, I think the Additions thing is a complication, and best dealt with separately. It's a different issue. With the Default charges it's about the Bank charging over the odds, unlawfully.

 

With Additions, it's a 'service fee', which is perfectly lawful. The issue here is whether or not you were 'mis-sold' the service, or whether, indeed, you were sold it at all, which often seems to be the case!

 

[MATTYFEZ]

Hi all,

 

Well today I got a standard "we are looking into it, well let you know in 8 weeks" letter lol, all very predictable so far, Ive already prepared an LBA letter, which would be sent on the 14 may, allowing them a further 14 days...(file claim at the end of the month).

 

however, seeing as they have responded do i now bring that forward and send it tomorrow, allowing them until the 23rd may to make me an offer, or waith for the origeonal 14 day deadline to expire?

 

this is exiting, ive just worked out ive made almost £10 in interest since the first letter!!

[oneofakind]

I'd just stick with your original schedule, stops them using the 'we haven't had the time you promised' excuse.

 

[MATTYFEZ]

Thanks oneofakind, I thought as much, best keep it straight down the line from here, eh!

[oneofakind]

Absolutely! No mistakes now.

 

[MATTYFEZ]

hello again all, long time no see lol

 

quick update, barclays have made me an offer of about 50% of claim.

deadline has passed so ive rejected te offer and filed a MCOL.

 

heres a copy of the rejection letter:

 

Barclays Bank PLC,

Dear Sir or Madam,

Re. Account number: **********************

I refer to your recent letter ******, and acknowledge your offer of £****** to settle my complaint.

However, you have failed to provide a satisfactory response in the ample time I have provided for you to settle this matter.

I find your lack of interest in my complaint as a customer to be impertinent and your late offer of less than half the claimed amount without any explanation or admission of liability to be grossly inappropriate.

Therefore you have left me with no option other than to reject your offer and pursue this matter through the courts.

You will hear from the courts in due course, however if at any point you would like to settle this matter for the full amount which at the time of writing stands at £******, I will be more than happy to halt proceedings to save the court from wasting its time.

Yours sincerely,

[MATTYFEZ]

MCOL statement (was edited slightly for my circumstance & spaces to make it fit)

 

The Claimant held an account ************** with the Defendant, since before January 2000,

1. since *****/2001 the Defendant:

(a) Debited charges and interest in respect of purported breaches of contract.

(b) Applied additional service fees to the claimants account without consent.

©Debited unexplained "interest" charges for large amounts.

2. Defendant is aware of all details as a list of charges has already been supplied. Two copies have been sent.

3. Claimant contends:

(a) The charges exceed the Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common Law.

© Other fees detailed in the list of charges are unexplained and unauthorized.

4. Claimant claims:

(a) Return of the amounts debited of £****;

(b) Interest per S.69 County Courts Act 1984 of 8%- £*****, continuing at 8% until judgment or settlement at a daily rate of £****;

© Costs allowed by the Court.

[MATTYFEZ]

HI again, its getting exiteing now..

 

MCOL filed and deemed served on the 4th july, independence day lol

 

Ive sent barclays one more copy of SOC and the court 2 coppies with the Attachement to POC request.

[MATTYFEZ]

Well, todays the deadline (17th) for barclays to aknowledge or defend...deemed served on 4th, so far not a word from them....

 

 

My MCOL file hasnt changed, so im presuming after today I can request for a default win, but I read on here somwhere that it not the fastest course of action....any advise on what to do next?

 

Any tips appreciated.

[nickyc]

From reading other threads on here it seems like there's a backlog of paperwork, so you might be better to ring up or wait for a day or 2.

 

nickyc

[oneofakind]

Matty,

 

Mcol are suffering delays at the moment, plus it's common for Barclays to enter a late defence, which they seem to get away with regularly.

 

Keep checking on things, but I would leave any action until after this weekend. Frustrating, I know, but if you jump on the JUDGEMENT button immediately, then either nothing will happen, or Barclays will apply for a stay, and claim they made an 'honest' mistake - this could delay your claim by several weeks!

 

WHATEVER you do, DON'T contact them and remind them that their time is up! PERCYARMS did that 2 weeks after the initial 28 days elapsed, and suddenly they defended!

 

[MATTYFEZ]

Hi,

 

Thanks for your replies, however Ive just checked Mcol and its showing Aknowledged!!!! they must have done it just before close of business as I checked earlier and nothing.

 

Well, going by that experience it looks like another 14 day wait grrrrrr:p

 

Thanks all the same...should I compile my court docs now or see how it runs over the next 2 weeks?

 

Cheers

[MATTYFEZ]

Oh poo Ive just had a bad thought, ive been asking for the cash back plus the standard 8% since the beginning.

 

without doing the sums, the 50ish% of my asking figure that barclays have offered might represent the cash with no interest included, will the courts look down on me as being unreasonable for not setteling without interest?

 

sureley its reasonable to demand statutory interest on top as ive been deprived of money that could be put to use? i hope!

 

anyone!!

[saintly_1]

i wouldnt worry ..... i had an offer of 1515 for a 2050 claim and i rejected it

[MATTYFEZ]

Thanks for the reassurance:)

[Trucker]

Hi,

 

Thanks for your replies, however Ive just checked Mcol and its showing Aknowledged!!!! they must have done it just before close of business as I checked earlier and nothing.

 

Well, going by that experience it looks like another 14 day wait grrrrrr:p

 

Thanks all the same...should I compile my court docs now or see how it runs over the next 2 weeks?

 

Cheers

 

Don't get trigger happy when 14 days is up... come back and ask the question before you hit the judgement button

[oneofakind]

You're a long way from needing any court docs. yet, but there's no harm in collecting them on your hard disc, and getting your head around what's needed. No point printing them yet, though.

 

[MATTYFEZ]

Ok, Thanks...

 

Well, a new hurdle has been reached. My claim was deemed served on the fourth, acknowledged on the 17th, so its judgement day.

 

I understand that Mcol is swamped and to post back here when this time comes, so I wait untill say, friday to see if Mcol updates, and go for broke?

 

Mcol still says aknowleged (barclays intend to enter a full defence) Im assuming my case hasnt been stayed at this point (as per recent news)

as ive had no letters or anything.

 

 

So whats the consensus on the next step?

 

again, many thanks!

[dar£n]

your case wont be stayed yet anyway,

Be aware that MCOL

a) are very very busy, they are struggling with the demand.

b) have lost the defendant defence in the past so be aware that although they say the defendant hasnt submitted doesnt necessarily mean they havent.

c) if you do hit for judgement, the defendant will more than likely appeal and be granted even more time therefore delaying yours.

 

your best bet is to wait the full term [33 days] and then some, [bear in mind new cases aint going anywhere fast anyhoo] and then when they dont enter the defence after a ridiculous amount of time request the judge to kick em out for not responding.

[MATTYFEZ]

Ok, Cheers

 

So say 10th of August wold be reasonable, or longer do you think?

 

In light of recent events, i think getting the case chucked out/defaulted is probably the best path....

[MATTYFEZ]

Defence has been filed!!!

 

bugger!

 

I hope it wont get stayed.......I was wondering, my particulars of claim also site (see above) additions fees, and removal of about £100 in "interest" in a lump sum, for what, I dont know and barclays have not been willing to elaborate, as far as Im concerned it's theft.....could I have the stay removed on the above grounds as its not a simple bank charges case?