pops v Barclays

[pops]

Hi Guys

 

I called telephone banking, just for a general query, asked them about requesting statements and what would be the best address. She said she could do that for me. She was very helpful. She asked if the reason why i needed them was for bank charges, i said yes. And she said as it was for that reason, they wont charge the £10.

Just wanted to let you guys know, as it may save you the time it takes them to read/reply to your statement request.

 

Thanks

[PKea]

They will now take as long as they want, if they actually do bother to send them.

 

If you send the DPA request they have to send ALL info they hold on your within 40 days. (and Barclays will return the £10 as well)

 

Have a read of the FAQs and other peoples threads.

There is reason for the way that it is done.

[pops]

Hi Guys and Gals

 

Been a long time lingerer, first time poster.

I received my statements, sent of my preliminary request for payment, then received the standard reply "Sorry you are not happy with our service please give us xx to respond". I gave them 14 days then sent off th letter below.

I understand that it must make you guys frustrated when people make a mistake, but i think i have. In excitement i sent off my lba, but i added interest, i have pasted my letter below. Will this have any implications on my claim? Is there anything i can do to recitfy this?

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: (my account number)

I am very disappointed that you have failed to respond to my letter of the 10th 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 taken £2,290 plus £355.26 which you have charged me in overdraft interest for the sum which you have taken. Total £2,645.26.

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 10th May.

 

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 interest, plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

Many thanks for your replies/advice

[bbch60]

Hi Pops

 

I added interest on the spreadsheet and LBA but when you issue your court papers the figures on there are what matters as far as I understand it.

[pops]

Right ok,

 

Thanks for your advice, thats lifted a weight off my mind.

Looking at the times it taking the courts to process things, can i not file my claim before the 14 days of my LBA.

Just to speed things up.

[bbch60]

Hi Pops

 

I was sent this thread and am following it as this seems to be the correct procedure.

 

Reclaim Guide

Simple Guide Claiming back your bank Charges.

 

 

 

1: Get your statements

 

Send this letter to your banks registered office with £10 cheque or postal order made payable to your bank.

 

2: Make a list of your charges in date order Use this spreadsheet to make it easier.

 

3. Send this letter to your bank and attach your spreadsheet with the 8% column removed

 

4: 14 days later send this letter to your bank and again attach your spreadsheet.

 

5: 14 days later you are ready to claim in court. Complete this form with these details and attach your spreadsheet - with the 8% column showing and send to your local county court with your fee.

 

6: 28 days later you should receive a defence and an allocation questionnaire. Complete this with this template and return to court with fee if applicable (£100 for claims over £1500 )

 

7: Wait for directions or a court date from the court

 

8. Comply with the courts direction. This bundle may help.

 

9. Wait for the bank to settle your claim (it may have done this long ago !)

 

10: Donate to this site and complete the survey

 

 

NB: SOME LINKS IN THIS DOCUMENT NO LONGER WORK - AND CAG RECOMMEND THAT USERS FOLLOW THE FULL UPDATED INSTRUCTIONS POSTED IN THE FAQ's

[pops]

Hi Everyone,

 

I'm at the stage of filling my N1 form in, and just wanted to clarify a few points. My total for charges is £2290. I have a few questions:

 

1) Is the "Overdraft interest" in the particulars of claim example the same as in the 8% interest in the spreadsheet ? my total on that column comes to £362.82

 

2) In the "Interest under s.69 Couty Courts act 1984" do i work out my pence per day ((2290+362.82)x0.00022) then work out how many days it has been since my first charge, and multiply them. In this case my pence per day is 0.58. multiply this by my "days since offence" in my spreadsheet, which would be

0.58 x 1853 = 1074.74 (is this correct).

 

Many thanks in advance for all your help.

[Trish76]

Firstly the Overdraft Interest is NOT the same as the Section 69 8% interest.

 

Secondly the daily rate is calculated by Charges Total x 0.00022, so you do not include the £362.82 as part of this calculation. The £362.82 is actually the daily rate of Section 69 interest calculated for each charge from the the the date each charge was applied to your account.

 

So basically your daily rate will equte to 2290 x 0.00022 = £0.50 per day

 

There is no need to calculate the number of days from the first charge (i.e. the 1853) as this has already been calculated for you by the spreadsheet.

 

Hope this helps

[pops]

Thanks Trish

 

Just to clarify then

 

My N1 form should look like this under the "Value" heading:

 

Daily rate = (2290x0.00022 = 0.50p)

Days since offence = 1853

 

Charges: £2290.00

Overdraft Interest: £362.82

Interest under s.69 County Courts act 1984: £926.50 (1853x0.50)

Court Fee £120

 

Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.50 per day Or at such rate and for such periods as the court deems just.

 

Many Thanks

[Trish76]

No, it should look like this:

 

Charges: £2290.00

Overdraft Interest:You're not actually claiming for this so leave it blank

Interest under s.69 County Courts act 1984:£362.82

Court Fee £120

 

Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.50 per day Or at such rate and for such periods as the court deems just.

[bbch60]

Hi Sorry to butt in on someone else's thread but I was reading th figures you say to put in and I have inserted them just the same as Pops was going to do. Will my claim be thrown out? I issued the claim on the 14/05/07 and am waiting for a defence.

[pops]

Please excuse me, if i sound thick

 

In what scenario would you claim the overdraft interest, i just want to get everything 100% right at this stage.

[Trish76]

Hi Sorry to butt in on someone else's thread but I was reading th figures you say to put in and I have inserted them just the same as Pops was going to do. Will my claim be thrown out? I issued the claim on the 14/05/07 and am waiting for a defence.

 

If you've done it as above then you really need to make an official amendment, this will involve completing an N244 for and resubmitting your claim through the courts. This will come at a cost I'm afraid, £35 which is not reclaimable.

 

See here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[Trucker]

bbch60

 

at this stage i wouldn't worry too much, doubt if B's will pick up on it. If they do you will have to change the n1 form which costs £35 and is unrecoverable

[Trish76]

Please excuse me, if i sound thick

 

In what scenario would you claim the overdraft interest, i just want to get everything 100% right at this stage.

 

You are actually entitled to claim a proportion of the Overdraft Interest which is deemed to be in direct relation to the charge applied on the account. If you enter the figures into this spreadsheet it will calculate this for you. http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls It doesn't always equate to very much so a lot of people leave this part out to keep the whole claim a little simpler.

[bbch60]

bbch60

 

at this stage i wouldn't worry too much, doubt if B's will pick up on it. If they do you will have to change the n1 form which costs £35 and is unrecoverable

 

 

Thanks Trucker

 

Think I will leave it for now and see what happens - just didn't want them to throw my case out!

[pops]

Right ok,

 

Many thanks for your help, going to take my forms into Local couty court tommorrow to get the ball rolling.

 

This site has been a great help.

[pops]

Sorry again,

 

Just to confirm one thing, as my claim is completely standard. Am i correct in assuming i only need to have 3 copies of ( my N1 form + A schedule of charges with 8% interest column added).

 

Thanks

[Trucker]

3 copies of each. 1 for court 1 for barclays and 1 for yourself

[pops]

Do i just take two copies into the court or do i have to send one to barclays litigation team and take on into the court.

 

Many thanks

[saintly_1]

No you take all 3 .... the court sends B's theirs

[pops]

Hi

 

Just wondering, are there any distinct adavantages of taking the N1 form down to my local county court over doing it online. How would i track my case if i took the forms down myself?

 

Thanks in advance.

[dar£n]

Hi, The N1 form allows more room for a more in depth version of your POC's, where as MCOL you are limited to the number of characters that can be inserted into the box.

MCOL can be checked for progress but N1, you will have to keep phoning the court for updates.

N1 takes out the need for court allocation.

[pops]

Thanks for that,

 

think i will go the N1 way, may speed things up a little. I'm not too bothered about ringing to check progress.

 

Many thanks again.

[dar£n]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html