Mafflondon V Barclays ***WON***

[mafflondon]

Hi,

I suppose I am halfway through my battle with Barclays. I am demanding £1690 taken in so called paid referral fees over 6 years. Today Barclays offered me £830, more or less 50%. I will of course only accept it as partial payment and again demand the full amount or I will take court action. Will update my progress regularly.

 

I have a question if someone would be so kind to offer advice please:

 

My LBA was dated 31.10.2006. Barclays reply received today but dated 08.11.2006 with partial offer. When I reply to say I am claiming full amount do I await a new reply or do I remind them of the looming 14 day deadline I gave them in my LBA that expires on 14/11/2006 and then make a claim via court? Will the courts view this as unreasonable on my part?

 

Thanks

__________________

Prelim for £1690 12.10.2006

B'clys standard reply 17.10.2006

LBA 31.10.2006

Partial offer £830 08/11/2006

[Michael Browne]

Rejection letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[mafflondon]

Thanks for that. Rejection letter to be sent to today.

Another question that I cant find on FAQ's:

The partial settlement letter from Barclays was issued from "Retail Banking Customer Relations, Swansea" but my prelim letter and first response was to and from Barclays Head Office Customer Relations, 1 Churchill Place, London. Obviously I should reply to Sawnsea but shall I copy HQ as well?

When I enter a money claim online I assume I use Barclays HQ address?

Many thanks, great site, will continue with updates.

____________________

Prelim for £1690 sent 12.10.06

B'clays standard response 17.10.06

LBA 31.10.06

Partial Offer £830 dated 08.11.06

Rejection Letter sent 10.11.06

[Welshman]

Yes , reply to wherever the letter came from. No need, in my opinion, to send a copy anywhere.

 

Yes, use their Churchill Place address when filing.

 

Good Luck

[mafflondon]

Thanks Welshman,

Good luck with your case.

[mafflondon]

Hi all,

 

Following my letter accepting partial offer of £830 but maintaining demand for full amount of £1690, Barclays the next day (received today) wrote back again offering the £830 with apologies that I remain unhappy. However, they did say that they are unwilling to pay the partial amount as an interim payment adding:

 

"If you do not wish to accept our offer in full and final settlement, it would appear we are unable to reach a mutually acceptable resolution... I trust I have fully explained the Bank's position".

 

Has anyone else received this response? I suppose it is expected but it seems a little strange they replied again offering a partial amount and also they replied a day before I go to court! What does everyone else think?

[mafflondon]

Hi, an update...

Have made my MCOL against Barclays today. Will also post on the litigation thread. Please can someone advise how and which moderator I PM to do this.

Also, can someone please advise what I now need to send to Barclays and the Court and when? I assume I send the schedule of charges with a covering letter? What do I need to say in that letter and what do I need to say to the court?

Thanks

 

____________________

Prelim for £1690 sent 12.10.06

B'clays standard response 17.10.06

LBA 31.10.06

Partial Offer £830 dated 08.11.06, received 09.11.06

Rejection Letter sent 10.11.06

2nd partial offer letter (again £830) received 13.11.06

MCOL 15.11.06

[mafflondon]

Hi, an update...

Have made my MCOL against Barclays today. Will also post on the litigation thread. Please can someone advise how and which moderator I PM to do this.

Also, can someone please advise what I now need to send to Barclays and the Court and when? I assume I send the schedule of charges with a covering letter? What do I need to say in that letter and what do I need to say to the court?

Thanks

 

____________________

Prelim for £1690 sent 12.10.06

B'clays standard response 17.10.06

LBA 31.10.06

Partial Offer £830 dated 08.11.06, received 09.11.06

Rejection Letter sent 10.11.06

2nd partial offer letter (again £830) received 13.11.06

MCOL 15.11.06

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[mafflondon]

Thanks Michael

[mafflondon]

All was going smoothly...

Please can someone advise.

I had submitted by MCOL on 15.11.06. Issued against Barclays on 16.11.06.

Just about to send of the letter and schedule to the court and then to Barclays Solicitors and noticed a tiny tiny but significant error in my schedule.

The charges tally is correct - £1690 but on one "date incurred entry" I put 14/12/2000 and not 14/12/2001. Therefore "days since offence" is incorrect and total interest amount is incorrect.

How can I rectify and will it cost me?

Many thanks

[Michael Browne]

The difference will be negligible. To amend your claim will cost £35 (unreclaimable). Personally, I wouldn't bother

[mafflondon]

Hello,

I'm stuck.

I think my schedule of charges has major errors and I am getting so confused when checking and rechecking via the speadsheets. Basically im getting differnt figures all the time. The excel simple spreadsheet website defaults to current date. How can I get it to work out charges, days since occured and interest calculation up to 15/11/2006 (the date of my MCOL claim). Once I have done this I can be sure of my figures and submit an amendment if necessary.

Hope you can help

[Michael Browne]

Assuming you have saved your original s/s, click on the time in the taskbar and reset the date on your computer. When you open the s/s, it will calculate to that date. Reset the date afterwards.

[mafflondon]

Hi,

My MCOL is officially issued against Barclays today (submitted on 15.11.06) I still have not resolved my schedule problems. I will do the whole spreadsheet from scratch tonight and following Michael's advice reset my clock on my pc to 15.11.06 to get an accurate figure.

Is there anyone here i can email my spreadsheet to if i still have problems?

Also, where on MCOL should I look for Barclays formally acknowledging claim?

I need to move fast on this I know as I have yet to submit my schedule to the court, do I have time?

[mafflondon]

xx

[mafflondon]

Hi,

Barclays have until end of tomorrow (05/12/06) to enter an acknowledgement of my MCOL. In the very unlikely event they do not, when can I request a judgement by default? Do I have to phone MCOL on the 6th to be sure they did not enter an acknowledgement.

I know this is fantasy land and that Barclays will acknowledge at last moment but I want to move fast in the hope that if they are late I may just beat them to it.

Any advice appreciated.

Thanks,

Maff

[Welshman]

If tomorrows the date, then the deadline is 4pm. Press the apply for judgment button before 9am the next day and it will be dealt with that day. If you apply after 9 then they'll deal with it the next day. I think you will have to wait until after midnight before applying though.

 

Having said that, and I know it seems unfair, if they respond before 4pm on the day you apply, they will continue as normal.

[mafflondon]

Thanks welshman for the advice. There is actually a bit of conflict on CAG over this issue. Some are saying as Welshman says and indeed CAG official step by step guide. Others on the forum are telling me not to apply for a judgement immediately as this can result in the bank applying for the case to be stayed.

Instead I have been told i could write to Barclays informing them that that they did not seek acknowledgement and that if they do not pay full amount in 7 days I will then seek judgement by default.

Apparently, this shows the court you are willing to negotiate in the litigation claim and winning the case on merit rather than by judgement.

This was all said last night in the chat room and provoked quite an intense debate.

Any other views?

[mafflondon]

Update...

as predicted by all who have dealt / dealing with Barclays they at the very last minute, 4pm today, acknowledged my claim. Last hour of the last day of deadline. Good old Barclays!!!

[mafflondon]

Something fishy going on?

 

On 05/12/2006 Barclays acknowledged my claim. Later that week I signed up for online banking. Having a browse through the site I noticed I had various pre-approved offers i.e. overdraft limit of up to x, loan available for x etc. I knew about the overdraft limit I could have as previously I was informed when I contacted them back in August.

 

However, last Friday, on logging on, all the offers had disappeared with messages I should contact branch if I wanted a loan or overdraft increase. I called the bank to ask why and they denied I ever had a pre-approved overdraft limit!! They also said I would be declined any extension and that I should obtain my credit file!! I asked if this had anything to do with reclaiming charges and of course they denied. ( I obtained credit file and nothing untoward)

 

I went in branch the next day and she said my account was reviewed like everybody elses on a monthly basis. She said it was probably due to the fact that I reach my limit every month but agreed with me that loads of people do that. She also noted that I had not exceeded my limit for 6 months and that I have a regular, fixed income every month.

 

Call me a conspiracy theorist but this seems like dirty tricks. When I exceed my limit (as I obviously did plenty of times in past 6 years) Barclays kept on increasing my overdraft. When I keep my account in good order but take them to court all pre-approved offers are removed and Im told any overdraft increase is likely I will be declined.

 

Any thoughts?

[stephenhayes]

Mafflondon, going back to your post on the 5th of december. They do this most of the time. You wil also find that they leave it to the last min to put in there defence. They did this to me when i thought id won by default. I read somewhere on here that barclays removed someones overdraft facility altogether ( i think). They may be playing dirty, thats because they seemed worried about the whole thing. Can this go on and on with thousands of people claiming money back? I wonder if eventually there will be a certain time to claim back unfair charges like endowments. Good luck with your fight.

 

brummie65

[mafflondon]

Following acknowledgement of service I need to send a brief covering letter to Barclays Litigation (Ruffhead!) with my schedule of charges. Is the following ok?

 

Dear Mr Ruffhead,

Re. XXX V Barclays

Claim XXX

Barclays Ref XXX

Please find enclosed a schedule of charges relating to my claim for full refund of charges amounting to X plus interest of X continuing at 8% until judgement or settlement at a daily rate of X plus court charges (currently £120).

Yours sincerely,

[Michael Browne]

Perfect.

[mafflondon]

Update...

True to form MCOL inform me that Barclays have filed a defence. They did so on the 28th day after claim was served. Typical.

So, I expect a letter tomorrow or Thursday with AQ?

When do I need to do my court bundle?

Will keep all posted.