Bakadan vs Barclays! here I go!

[bakadan]

Hi guys after a long wait I finally got my duplicate statements from barclays...

 

totalled up the charges and shockingly the claim is for a whopping £4085.

 

I have written out the template letter to send them, however I'm not sure how to calculate the interest on the overdraft. I was thinking of leaving ot out, no need to be greedy!

 

If any of you have any advice or experience I'd love to here from you!

 

Good luck everyone

[livelylad]

Hi guys after a long wait I finally got my duplicate statements from barclays...

 

totalled up the charges and shockingly the claim is for a whopping £4085.

 

I have written out the template letter to send them, however I'm not sure how to calculate the interest on the overdraft. I was thinking of leaving ot out, no need to be greedy!

 

If any of you have any advice or experience I'd love to here from you!

 

Good luck everyone

 

Hi the overdraft interest is quite tricky to work out, perhaps better if you leave it out.

[bgqs]

No put it in....Let them calculate it if they think it is wrong

[bakadan]

Hey guys after waiting 14 days from the date of my sending the prelim approach letter. I finally received a response from barclays.

 

It looks like a standard reply to me, even including a leaflet! They say that they will try to answer within timeframe given but cannot guarantee they will.

 

Now my questions are

 

a) my timeline - is it 14 days from when I sent the letter (4th may) or from when they say they received it (9th May)?

 

b) if it is 14 days from date then should I write my LBA?

 

c) if they telephone me should I discuss the matter? (I think I would rather not - do not want to damage my case)

 

(below is a copy of the letter)

 

 

Thanks for help

 

 

 

Dan

 

 

 

 

16th May 2007

 

Dear Mr Smith,

 

Re. Bank account -----

 

Thank you for your letter received at this office on 9th May 2007.

 

I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible.

 

May I take this opportunity to explain that whilst we will endeavour to respond to you within the timescale outlined in your letter, we cannot guarantee that we will do so. Aometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or an update on our progress will be sent to you within eight weeks.

 

Please refer to the enclosed leaflet which provides you with more detailed explanation on how we will deal with this matter.

 

Yours sincerely

 

Johnathan Wan

Customer Relations Advisor

[bakadan]

Hey guys

 

Today I received a letter from Barclays, offering me about £3070 of a £4085 claim.

 

Now the thing is after reading the rejection letter FAQ I am a little bit worried about the wording in the letter and would appreciate some help...

 

Quote

"Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £3070.00 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in FULL AND FINAL SETTLEMENT of your complaint"

 

(I added the CAPS)

 

What is the best way to respond to this letter?

 

 

Secondly, I am filling in my N1 form and the amount including interest and court fees brings it into the above £5000 court fee bracket. Does this mean the court fee should be for the higher amount?

 

Thanks for your help everyone

 

Daniel

[saintly_1]

send a rejection letter accepting it as partial settlement and seeking the rest through court i think letter 3 here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

interest and court costs are not included in working out the court fee

 

HTH

saint

[RFisher33]

I agree with Saintly. I've looked and letter 3 seems most appropriate at this stage. Obviously updated to reflect your details.

[bakadan]

Thanks for the help!

 

Have written out the letter rejecting fully the offer and informing them that I will be pursuing them in court....eek!

 

Any advice on filling out the N1 form would be most welcome

 

as always thanks for your help, I couldn't do this without the support of you guys!

 

Dan

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[bakadan]

Hey guys,

 

finishing off my N1 form to hand in today,

 

in the section on interest it says

 

"c) The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you]"

 

What date should I put here? The charges obviously each have a different date... should I put down the first date of a charge??

 

Please help me as i don't want to mess this up!

[oneofakind]

I put down the date of the first charge on my SOC. I don't think you can be any more exact than that.

 

[bakadan]

Thanks for the help so far guys,

 

I hand delivered my N1 forms today, with SOC and particulars attached...

 

what sgould I be preparing now? is it court bundles? if so any ideas on where to get all that photocopying done cheap?!

[saintly_1]

you have about another 33 days waiting now ...

Date of issue

5 days to be deemed served

14 days from servise to acknowledgement

then

28 days from date of service to defend

 

Court bundle is quite a way off yet as once B's defend you then have to wait for a court date

 

Hope this helps

saint

[bakadan]

thanks saintly,

 

it all helps!

[bakadan]

Hi guys,

 

today I received acknowledgement from barclays.

 

what is the next step... how long do I have to wait before my next step??

 

also should I start preparing for court? or is it worth trying to apply pressure to barclays to settle early?

 

thanks for any and all help!

 

Dan

[saintly_1]

they now have 28 days from when your claim was deemed served no use trying to apply pressure on B's just yet they tend to only think about settling once you have a court date

[bakadan]

Hi guys,

 

The deadline for them to defend is today, and I haven't heard a thing yet!

 

is there anyway to find out if they have filed a defence?

 

if they failed to defend then what should I do??

 

thanks guys

[saintly_1]

Only way is to ring your court and see if they have put in a defence dont worry they are very nice people

[bakadan]

ok will call them tomorrow am... and then will post result here.....

[bakadan]

I phoned the court and apparently they have submitted a defence by fax on the 13th... the court just hasn't mailed it out to me yet!

 

Looking forward to what they have to say!

 

Any advice as to what I need to do complete Allocation Questionnaire??

 

thanks guys

 

Dan

[welshcakes]

Hi bakadan

 

Quite normal for 11th hour Defence.

 

Wait for the court to send to you. You may not have to submit an AQ and if you do, the court will send it to you. Until then, there's nothing more for you to do but skulk around the forum reading & learning.

 

IF you do have to fill in an AQ, the step by step guide is

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

and you may want to enhance the AQ with a Draft Directions:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy

[saintly_1]

Have you received the AQ .... you might not get one have a read here

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[bakadan]

Hi guys,

 

thanks for all the replies! Still waiting for the defence to be sent out from the court.

 

Have spoken to the court and they say that they are behind with lots of cases - (mostly bank charges methinks )

 

anyway will keep you posted, in the meantime will keep doing my research

 

thanks guys

[bakadan]

Hey guys,

 

I finally received the AQ from the court today. However with all the news recently about the OFT high court case I am a bit bewildered as to what is the best course of action.

 

Should I still try using the "draft directions" as suggested by welshcakes, or is it unlikely that it will make any difference to whether or not the case will be stayed?

 

Also what is the best way forward now, is it worth making an offer to the bank saying I will settle now for £xxxx amount???

 

Thanks as always guys!

 

Daniel

[saintly_1]

Yes still use the draft directions

 

 

Its not really worth making any offer to the bank as their response at the moment is that they have been told not to settle any cases before court