dogtoy v barclays

[dogtoy]

hi, thnx for the guidance to the site guys.

 

using m,s,expert i sent in for my last 6 years of bank charges, studdied all of the bank charges incurred from them over that period. the total came to over £2,900 exc statutory interest at 8% giving a figure of £3,572.43.

 

i then used msexpert's first initial letter demanding that they repay this back to me. barclays sent me a response to my letter dated 23/03/07 after a couple of weeks with their standard bumf leaflet please allow 4-8 weeks etc. i was not happy about this, as i saw it as a stalling method by them. i then joined this site as i like how much more legaly threatening the template letters are.

 

i then used the initial request template letter and modified it a bit into the l.b.a one, as i thought it of no use sending the same type letter twice again allong with a copy of the charges. i made sure i outlined that i was to receive a positive response to this letter within 14 days.

on the 13th day barclays sent me a denial letter stating that their charges are fair in accordance to the t&c that i agreed to.

but in the same they are offering in full and final settlement to this claim, £2,200. sign and return within ten days etc.

 

my overdraft stands at £2,235? which is a bit strange i thought. i think they are looking to balance my account then p**ss me of by closing it, not a problem as i have my parachute account with my bulk already in it:rolleyes: .

 

as the actual charges amount to £2,935 (my calculation before the 8%) £735 short, do you think i should contact them demanding the rest, at least £2,935 worth or skrew em all the way by issuing a county court claim for the full amount?

[Tipsy0nBacardi]

If you dont accept they'll withdraw their offer anyway, send them a rejection letter from the templates library and proceed to mcol when the 14 days are up

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

chose the one that is closest to your needs and adapt to suit

[dogtoy]

quote : 'the letter disagree's with my veiw.- but dipite barclays comments on this occasion without any admision of liability they have made the offer in a gesture of goodwill in full and final settlement'.

but the letter has no header of refrence.

currently i am in waiting for a substantial inheritance to clear in 3/4 months, and as usual (for the last 25 years or so), i am skint at the moment and my tactics are of a fighter so no worries there but, i dont like loosing what was mine either?.

[Tipsy0nBacardi]

sounds like the standard letter they send everyone, they just change the name and amount! Stick to your guns dogtoy and get back whats yours

[saintly_1]

you accept as partial settlement and will claim the rest through court its academic really cos they will withdraw the offer when they get your rejection letter

[dogtoy]

so wotz u actually saying?.

my lba deadline date ran out on 01/06/07 and bc's are offering me £2.2k,as @ 30/05/07.

do i send a letter accepting it as partial payment to my claim only.

then continue with a mcol? (dont know whot this means yet lol) asap.(now)

or do i call them and ask for the full amount or else?

[saintly_1]

you send a letter from http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html amended to suit your case and continue on with your claim by either mcol or N1

[Tipsy0nBacardi]

moneyclaim online

Welcome - HMCS Money Claim Online

[saintly_1]

Remember to send all letters be registered/recorded delivery

[dogtoy]

thanx saintly 1, i will sort that out.

would you give them a further 7/10 days before filing a claim as in the letters because the date i set out has already expired?

[saintly_1]

nope stick to your timescale

[dogtoy]

thnx tipsy er- wots n1?

[saintly_1]

N1 is the same as mcol only direct to your local court

[Tipsy0nBacardi]

no just file it, they've had enough time

[dogtoy]

but my time scale expired today for full settlement. are you saying file an mcol monday and inform barclays i have done so?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html have a read here

[saintly_1]

in the rejection letter it will say you accept as partial settlement and pesue the rest in court ..... if you pick the right letter

[dogtoy]

right, so just send them a letter informing them i have declined there offer and they can bogof as i have proceeded with a county court claim then?

[saintly_1]

well .... yes but put in a slightly nicer way lol

[dogtoy]

one more thing i have just noticed on the guidance. i have from the outset made a claim for the full amount plus 8% interest. yet it states - Enclose a schedule detailing the charges you are claiming, but do NOT include the 8% interest on the schedule yet. will this affect my point to barclays charges i require back from them and /or court claim as being unreasonable request as it has not yet been summoned to the court. ie who am i saying what interest i should charge?

[saintly_1]

no not really ... quite a few have added the interest from the start .... and on that note i hear my bed calling

[dogtoy]

me too thanks, i will work on it over the weekend nite nite

[dar£n]

Hi Dog, I see you got two good advisers helping you out.. lucky you!

 

as to claimimg back the interest from the start, IS incorrect but doesnt cause any issues, i did the same on my claim and I had no problems whatsoever on that side..

which ever path you choose to go down whether MCOL or N1 remember to have your updated SOC's ready to file with it.

You need to send/give both parties a copy, [incl interest]

 

Remember any questions post here first before doing anything so someone can check youre ok

[dogtoy]

hello, can any one give their oppinion to this letter i will send tomorow please.

 

Response to settlement offer.

 

Dear James Scott,

 

Thank you for your letter dated 30/05/07. I respectfully decline your offer of £2,200 which is well below my initial claim of actual charges amounting to £2,935 for the period (excluding 8% statutory interest which a court will award to this case total £3,572. 43) in ‘Full and Final settlement’.

As set out to you in my recent correspondence, my ‘full settlement deadline’ being 01/06/07, has now expired. Therefore, as you have failed to settle this matter to my rightful satisfaction, I shall be commencing county court proceedings against you/Barclays bank at my first instance in regards to the unlawful charges your bank has imposed and taken from my/our account.

as a gesture of good-will, you may contact me at your immediate first instance (within the next couple of days only) with an offer in full, to the above initial figure of £2,935 as claimed, (without conditions) and I shall without prejudice prepared to waiver any interest charges due that I can rightfully claim, providing this offer is made prior to commencing court action with intent to proceed, otherwise further cost’s will be encountered and claimed from you including updated interest charges relating to this claim up to the time of the court hearing date.

 

I trust this clarifies my position.