tagal v Barclays **WON**

[tagal]

Hi I have sent my LBA letter to Barclays at Customer Services, Leicester as this is where I have been receiving all correspondence from. Should I have sent my LBA letter to Churchill Place or am I OK so far?

 

Also one technical question, sorry! I had posted a previous message on this site and was asked to start a new thread. I did this, does this mean I have to add any updates etc to this as I can't seem to find it. Not really sure whether I have to post a new thread with each question.

 

Sorry, did a night shift last night and not with it at the moment.

[dar£n]

you use this as YOUR thread and use REPLY to add to it

 

Churchill place is fine

[tagal]

Thanks for quick response. I have sent LBA letter to Leicester, am I correct in saying that once the time is up for them to respond and I start court proceedings, I should then use Churchill Place address, or continue to use the address I have been using so far.

[dar£n]

Yep, once court proceeding have been initiated all correspondence to Litigation Team, 1 Churchill Place, London, E14 5HP by Recorded Delivery

[tagal]

Thanks again, all a bit scary at the moment.

[dar£n]

Its simply a procedure!

Stick to the guidance on CAG and you will do just fine.

 

Everyone is a bot vervous at teh start taking on Giants Barclays, but as you progress and become familiar of how they work, you will become more confident and by the end you will WANT to face them in court,,,not that that will happen....pity

[tagal]

Hi, I have just read an article in the Mail which quotes "A first request for a refund will be rebuffed. A second requests leads the bank to offer half the charges. On the third attempt, the bank will offer three-quarters. If the customer isn't worn down and takes their case to the Ombudsman then the bank pays up in full".

 

I have sent of my LBA letter and am waiting for a response, but get the feeling they are not going to reply by my deadline.

 

I am just wondering what you all think of above quote and if anyone has complained to the Ombudsman. I am just wondering at what stage of your claim should you do this. Should I wait for a response to my LBA and then complain. I am not sure I have read that anyone has had charges refunded from writing to the ombudsman.

 

Does anyone have an idea what I should say in the letter as I would like to word it properly and I am sure it would help others to.

 

Thank you, I know there are some very clued up people on this site.

[tagal]

any thoughts please

[tagal]

Hi all, very fed up today.

 

Story so far:

 

20th March: Received 6 years statements from Barclays.

3rd April: Sent of letter asking for refund of charges

11th April: Letter from Barclays saying usual **** and they will respond no later than 4th May.

3rd May: Letter from Barclays saying still unable to respond, will respond by 5th June.

5th May: LBA letter sent giving them until 25th May to refund charges.

Today: Letter from Barclays saying still unable to respond will contact me again by 29th June!

 

I am surely being fobbed off now so I guess now is the time to start proceedings, but am really scared, but I am owed over £4000 with interest. Any encouragement and help would be really appreciated. I have already gone past the date I said I would start proceedings (25th May) as stupidly I was hoping to get some sort of response from them. Who am I kidding. I am going to do the online claim, could someone direct me to the correct site. Would it be OK to ask any questions I have as I go so that I get this dead right.

 

Thanks

[dar£n]

now is the time to start proceedings, but am really scared, but I am owed over £4000 with interest. I have already gone past the date I said I would start proceedings (25th May)

 

Right you have sent your LBA in, the deadline has expired, they have not responded to your requests, the next thing to do is to start at MCOL.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

complete the forms with the help of:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

It doesnt matter when you file, you were being generous by allowing them more time wasnt you??

[tagal]

Thank you so much dar£n, I am going start MCOL. I have a horrid feeling I will have lots more stupid questions to ask you! Hope thats OK

[dar£n]

hey hey, if its gets your money back, theyre not stupid questions are they?

 

Have you done this before? I presume not! so how are you expected to know eh eh eh?

 

you keep asking those ''IMPORTANT'' questions..OK

[tagal]

Hi,

 

Have just received a response to my LBA from Barclays. Basically saying that they do not agree with my letter and are not refunding my charges and have not offered to refund part of them. This was a shock as I thought that Barclays were offering part of the charges back to everyone. Is there anyone who has not had an offer after their LBA.

 

My worry is that my account was closed by Barclays because I am on a DMP and am paying back a set amount each month to clear my overdraft of around £500. Do you think this is the reason why they are acting this way, because they know that I have no chance taking this further in court. The upsetting thing is I owe them £500 and they owe me over £3000. So if they paid me back my charges I could clear my debt with them. I doubt I would of got in the position I am now in if I hadn't received these charges in the first place.

 

I have called Barclays in response to their letter and they say that the reason I have may not even had an offer is "maybe, because account was closed with a debt, and that if I want, I should refer to the Financial Ombudsman Service". The lady I spoke to couldnt give me any information other than that.

 

So, what do I do now?

 

Contact the ombudsman or start court proceedings or both.

 

Do you think that because of the financial position I am in, Barclays will show up in court and I will loose. Obviously I know you can't predict what will happen. But I need some advice if you don't mind as I am not legally minded, and am not sure whether should go any further, due to me being on a DMP and do not have funding to fight this if they defend in court.

 

Sorry, waffled on a bit, but quite upset after receiving letter.

 

Thank you all

[tagal]

Just to add, the letter states

" Sorry I am to learn that you feel the bank charges you have incurred are unfair, Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view"

 

They then go on to mention their T&C's relating to the use of their account and details of their charges and "in view of above points we are unwilling to refund charges you have incurred as requested".

[tagal]

Can anyone help please, perhaps its wrong time of day and better to wait until this evening. Thanks

[saintly_1]

There have been numerous people on here claiming for a closed account with success. I would continue with your claim through the courts there are people here who can help you with any problems/ questions you may have

Dont worry you will get your money back the letters you have received are B's attempt at getting you to stop the claim

 

 

Hope this helps

Saint

[tagal]

Thanks for reply Saint. Think I need to stop worrying and go for it.

[saintly_1]

Worry is normal . Dont forget you have the backing of thousands on here all going through / been through the same any questions just ask and someone will help you

 

saint

[vincymum]

Dear Tagal,

I have 2 overdrafts with Barclays. On 1st account o/d is £1250.00. However the charges I have calculated amount to £1525.00

On 2nd account the o/d is £250.00. Charges calculated on that account are £145.00

I never got an offer of any kind with the prelim letter or the LBA. However, they were quick enough to defend my claim filed at court. My view is they can pay up, and clear their books up, or, they can start affecting their bottom line and chalk it up as bad debt. Their choice!

I can't tell you what to do, however I wholeheartedly agree with saintly_1. Better than wondering 'what if' 10 years from now!

[Lastlaugh]

Hi Tag,

I think Barclays has been boosted by the Lloyds case, I had an offer and rejected it and have entered a claim. File a MCOL and CAG will advise you every step of the way! Good Luck!

[tagal]

Thank you to all of you have replied. I am going to sit down and start claim tonight. Dar£n mentioned alink to look on Moneyclaim on-line particulars of claim on this site. It mentions using N1 form, what is this. Is it part of the MCOL or a different way of claiming. Just wondered what is the best way to do this.

[saintly_1]

mcol is done online

N1 is sent directly to your local court

[vincymum]

Right Tagal,

N1 form is a form that you can get from your local county court, or you can print off from the link inthe Templates Library of this website.

There is also infomation on how to fill it in.

MCOL is the online way of submitting your N1 form. Can't really make any comments on which one is the best. However, I did N1 paper form and filed it at my local county court.

if you are looking for any remissions or exemptions ofcounty court fees, thenyou wioll need forn EX160 which you get from your local c.c. it tells you the proof you need to take with you to get any reductions/exemptions.

 

Hope this helps some.

[tagal]

Thank you so much both of you. Good luck to everyone. Will keep you posted!

[Gopher1]

OH of tagal. Just a update. Thought I would get the FOS involved, rather then court route, they have replied back saying they agree with me and will be e-mailing barclays with their view which is pay up:)