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Just got a letter from Barclays...


ScoobySnacks
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Hi everyone, I've got as far as sending off the first claim letter to the bank. My total claim is for just over £800 in charges over the last 6 years.

 

Just recieved a letter from them saying

 

Thank you for your letter recieved at this office on 16th May 2007.

 

I am sorry you are unhappy with the charges you have incurred. Your comments are recieving 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. Sometimes it takes 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.

 

Now a question. I set the timescale as fourteen days in my first claim letter, so should I, after the 14 days have elapsed, move on to the next step, or should I wait for them to "investigate the complaint"

 

It sounds like a delaying tactic to me, which I'm not happy to accept, but if I push on regardless is it likely to harm my claim if it goes to court, not having given them reasonable time to deal with the claim. (Of course I should think 14 days is more than reasonable, but will the court think the same?)

 

Cheers

 

Scoobs

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Stick to your timescale NOT theirs

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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I know dar£n and saintly have already said it but dont give them any extra time all it does is makes your wait for your money longer, they wouldnt give you extended time if they wanted their money back!!

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Thankyou people, and quick responses too! :)

 

That has confirmed what I was thinking, but didn't want it to adversely affect any claim in the courts.

 

I'll keep this thread updated with any progress, am just putting all my details into the second letter ready to send off on the 30th.

 

In the letter it says that someone will contact me. If they try to phone, what should I say to them? My line would be that I believe the charges are illegal, and that I expect them to be refunded. Is there anything I shouldn't say? Also if they do call (unlikely I would think) I will note down time and date, and everything that is said.

 

Once again thanks for the advice people, and here's looking for a happy outcome for everyone. :D

 

Edited to add:

 

This is the text of the letter I intend to send. I had to edit the template a little as it didn't quite fit my situation. What do you think? Have I said all the right things?

 

Cheers

 

Scoobs

 

LETTER BEFORE ACTION

 

Dear Mr Xxx,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am very disappointed that you have failed to respond adequately and in a timely manner to my letter of the 15th May 2007.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have unlawfully taken £725 and am furthermore claiming statutory interest on these charges, as will be awarded by the court, of £81.64. giving a total owing of £806.64.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 15th May 2007.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully,

 

Scoobysnacks BEng

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