Glensorie vs Barclays

[glensorie]

Hi all.

Just a question regarding the rejection letter templates.

I received a letter from Barclays offering me £875 as a gesture of goodwill and as Full and Final settlement. The thing is I have not even sent them the preliminary letter with the spreadsheet breakdown of charges yet. This incidentally amounts to just over £1100.

Looking at the rejection letter templates they seem to geared towards having already sent them the request for repayment. I'm not sure which one to send.

Any help would be very much appreciated.

Cheers

Glensorie.

[dar£n]

Simply use a template, prob #2 and amend it as necessary, saying something like:

thank you for your offer.......which I accept as part payment but I request the amount of £xxxxx which has been taken from my account in the form of unlawful charges.

If this amount is not refunded within 14 days I will consider taking the matter to the Small Claims Court........

[glensorie]

Nice one Dar£n just what I was looking for.

I'll keep you all posted how I get on.

[glensorie]

Hi all again.

 

Just a quick update.

 

 

Paultry offer from Barclays was duely rejected and charges owed spreadsheet sent.

 

No reply so N1 taken to CC yesterday.

 

Hope I havn't jumped the gun and sent the N1 too soon, although they have had plenty of warnings along the way. Any advice welcome.

 

Cheers

 

Glensorie.

[Trucker]

I take it you have sent prelim letter followed by LBA?

[glensorie]

Sorry I should have explained in a bit more detail.

The state of play to date is:-

 

DPA sent :- 09/03/2007

Standard Letter from Barclays :- 22/03/2007

30 day DPA reminder sent :- 10/04/2007

ICO complaint letter sent :- 23/04/2007

LBA for unknown amount sent :- 23/04/2007

Standard Letter from Barclays :- 28/04/2007

Reply from ICO :- 02/05/2007

Statements arrive :- 12/05/2007

Barclays initial offer £875 :- 23/05/2007

Refusal Letter sent with Schedule of charges :- 05/06/2007

File to court :- 21/06/2007

 

The question is, because I didn't send the preliminary letter because of the trouble I had getting my statements in the first place and then sent the LBA for unknown amount, was I right to take in the N1 in when I did and would it complicate things later when filling out the AQ and assembling the Court Bundle for instance. ( If it got to that stage that is.

Does this make sense? I could do with some reassurance.

Cheers

Glensorie

[dar£n]

hi, you have skipped the process quite a bit, be very careful in future, It could be crucial. ALWAYS post on here what you are ABOUT to do..

You will be answered within a couple of hours and if Saintly is on, bless! in the matter of seconds..LOL

Better to wait and get it confirmed than to have you claim lost on a technicality

[glensorie]

Thanks for the reply Dar£n.

I thought that the wording on the refusal letter suggested that the next step was CC action if no reply.

I could do with some advice as to wether my claim is still on track or has been compromised.

Thanks in advance.

Glensorie.

[dar£n]

Glen, I understand your reasoning and indeed your frustration.

The idea is, is to get your statements [eventually], REQUEST [prelim] the charges back[without interest], Then when they do not comply give them a WARNING [LBA] ..then file at court....They could argue that you didnt give reasonable time for them to act.....

 

I doubt this will happen as you are still at the standard procedure stage and they would have ignored your requests anyhoo.

BUT....they may be waiting for you to slip up seriously enough to get it kicked out.....e.g. incorrect POC's etc.

 

Just keep posting on here and we will correct any mishaps ok

[glensorie]

Cheers Dar£n.

Do you think I an still on track or is there anything I could possibly do to rectify my hastiness. I'm a bit worried that the N1 went in too soon, or is it just a case of wait and see what happens.

Glensorie.

[dar£n]

What is done is done, you should be okay, but just be careful from now on.

 

Have you sent in your SOC's to both parties since filing?

[glensorie]

Copy of SOC without 8% interest added went to Barclays with offer refusal letter on 5th June.

A copy of SOC with 8% interest added went attached to each of two n1s taken to CC last week.

[Micky the Hippo]

two weeks since I did my N1s but aren't those done in triplicate?

[dar£n]

Okay but dont be surprised if they come back claiming they havent received anything to back up your POC's, this is normal stalling rubbish.

Then, even though we all know you sent them, you will have to send them again..

 

Might pay you to send a copy to Barclays Litigation by recorded delivery. with the covering letter.

[glensorie]

Micky the Hippo, sorry It was three copies of the N1 and SOCs I took to the CC. Recieved Notice of issue today Deemed served on 24th June 2007.

 

Hi Dar£n again thanks for your patience.

If you think it would be worth sending the SOCs again to Barclays litigation team then I will, you can't by any chance put your finger on a name and address and is there a template for the covering letter?

Getting a bit worried now

Cheers

glensorie

[Micky the Hippo]

they're going to say they don't have them regardless though aren't they?

 

it's a form letter and they'd have had the SOC at least three times by the time they say they haven't seem them?

[glensorie]

Hi again.

Bit unsure what to do now. Should I send the Lit team another copy or just sit back and wait for the inevitable Acknowledgement and take it from there.

 

Yours confused

Glensorie.

[Tipsy0nBacardi]

Even if you send them now, barclays will say in their defence they've never seen a SOC from you so you'll have to send them again

[dar£n]

Covering letter for the SOC's

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

 

obv amend the address to the Litigation Dept

 

AND SEND IT RECORDED DELIVERY

 

NEW!

also see:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/101067-send-your-socs.html

[glensorie]

Hi Dar£n.

I have decided to cover all angles and send Barclays litigation team another copy of my SOCs along with the covering letter you suggested. Do you think it would be worth emailing them as well, including the suggested wording in your post#24 in the Litigation team thread :-

 

Quote:

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effective for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £xxx.xx.

Only once in receipt of cleared funds will I then discontinue all action against Barclays in connection with this claim.

 

I am willing to try anything to bring about a swift and painless end to this claim.

 

Oh! one more thing. Is this the address for the Litigation team?

 

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP

 

Cheers

Glensorie

[dar£n]

Yes email them, everything you do to try to settle will benefit YOU if it goes to court, making them look bad as they have had numerous chances to keep it out of the court.

 

email Dino [he seems to be favourite to answer.....but saying that, he not answered ANY of mine] but copy the others in too, this way you should get a response off at least one of them.

[glensorie]

Thanks for the rapid response Dar£n.

I'll fire them all an email and see what happens.

I must have been editing my last post when you replied. I wanted to know if this is the right address for the Litigation team:-

 

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP

 

Cheers

Glensorie

[Tipsy0nBacardi]

Yes it is

[glensorie]

Thanks for that Tipsy

Wow! you people are fast!

[Tipsy0nBacardi]

We have to be so you can post your letters quickly lol