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caramac v. Barclays


caramac
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Have been at this for some 2 months now- not very computer literate so hope I am doing this in the right place. Site fantastic and such a help. My problem is that I am claiming £2,800 for charges over the last 6 years (with interest it comes to about £3,700) they came back immediately with an offer of about 75% ie. £2,100 (their quick response makes me feel that they are keen to settle out of court). I could really do with the money as I have an overdraft of (funny old thing) £2,100. I am a bit scared of the whole small claims process and am wondering if it worth going back to them with a 'Without Prejudice' letter saying I will settle if they come up with the full £2,800 (although since asking for my statements they have charged me another £200 odd) I will drop taking the claim to court. Does anyone know how the test case the barrister is taking is likely to effect future claims?- if the courts say some charge is fair I could end up in about the same position - £2,100 with my claim!

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Hi i'm new to this forum & when i started my claim against Barclays at the end of January the templates i was using downloaded from the bbc didn't include interest considerations at all.There is a significant difference between your claim of £3,700 & Barclays offer of £2,100(A difference worth fighting for).I have been a customer of Barclays for 20 years & not even claiming interest i thought it wouldn't be a problem getting them to settle for the paltry sum of £1,120.How wrong could i be,as they seem to have set themselves up as the hard nut of the bunch,i have sent off my Court Allocation Questionaire & don't really expect any sort of response till i'm on the steps of the court.Because of the contempt they show customers,they deserve no mercy & so therefore my advice to you is to stick to your guns & go for the Jugular.This Delinquent Bank & their Rotweiller Solicitors,licking the boots of their Yobbish Masters should be given no quarter.As for the case with the Barrister i think it's more a case about damages,so not quite the same as our cases.

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Guest ChloeJane

Hi Caramac,

 

Also a hi to Geopenny.

 

Caramac, the court system does appear a daunting process. For many just the first few letters are, but you have come this far so only a few decisions left to make.

 

£1,600 is a lot of money and as I see it, you have only one bit at the apple and if you do not proceed now, to claim the rest then you settle for the amount you are willing to.

 

This process for everyone is an individual choice and your decision at what point you are willing to accept their offer and end the process, however I would hate to think it is through fear or being unsure of the outcome was your decision.

 

Many people fear the process for several reasons.

 

1) They are led to believe they are wrong for perhaps getting the fees and not managing their money properly.

 

2) They fear the process - its court

 

3) They are worried that they will be made an example of and do something wrong to lose.

 

4) Just generally intimidated and want to settle for what they can to think something is better than nothing and it may not get offered again.

 

Firstly - reasonable fees are not argueable. Do you know what is a reasonable fee for your charges? The office of Fair trading said £12....but what if it was fact, that it was less than £2!

 

This is true, which is why the banks do not go into court. They would have to reveal this, and they are quite happy with the Office of fair tradings figures.

 

So the banks play on your vulnerability and very unsure thinking of the process that is yours and rightfully to battle them for what they have taken from you, offering much less.

 

So they make all the claims inconsistent, to have people doubt and the offer you have received, they are sure is tempting enough for you to think, something is better than nothing.

 

This has to be your choice. However I can assure you, you have a right to claim these charges back and no court of law would decide otherwise.

 

So if you accept the offer - do so because you believe it is enough and you are happy to give away the right to the rest - if not - then trust the site, the people in here and the guidance and friendship and support you will receive, for every step of the way if you go on.

 

At this point - you have two options.

 

A without predjudice offer - and see how you go.

 

Or....trust what i have written and click -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Reject the offer - and tell them you are willing to fight for the rest.

 

Either way I have the utmost respect that you have come this far.

 

CJ

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Caramac,

[and anyone else reading this post]

If you are lucky enough to have a query answered by Chloe, take the advice as golden, this lady is devoted to helping others on this site and has proved to be invaluable.

If she suggests something, you can take it to be spot on.

 

You will not go wrong with CJ in your corner.

.

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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Hi Caramac,

some good advice above.

Also, remember that you CANNOT put yourself in a worse position than you already are!

 

From my own experience, proposing a settlement to Barclays doesn't work. It's strange, but they just don't seem interested!

 

go for the whole amount, then your o/d is gone, and you've got money to spend on essentials....like celebrating your victory!

 

: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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