Jump to content


Ronpig Vs Barclays


ronpig
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5199 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

It's taken me a while to find out how to add a new thread so I hope I am adding it in the correct location.

 

Summary of what I have done so far before finding this great site!! (wish I had found it before claiming!)

 

I did not have all my bank statements going back 6 years and after looking on the BBC news Business web site it said that you could estimate how much to claim back which is what I did. I sent the following letter to Barclays on 03/03/2007:

 

 

Due to recent media coverage on bank charges I now believe that you, Barclays have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

I currently have my bank statements for the last 46 months the charges during this period come to a total of £315. Therefore I have estimated that over the last six years the total amount of charges you have applied to my account is £493.20. Consequently I require you to refund me a total of £493.20, representing the total, unlawful amount charged during the last 6 years. If you disagree with this amount please supply me a copy of all the charges applied to my account dating back six years within the next 7 days.

I hereby give you 14 days to refund all the charges dating back six years on to my account, plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not done within 14 days, I will commence legal proceedings without further warning. This action will inevitably involve you paying additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

On the 12/03/2007, I received a letter from Barclaysto say they were sorry I was unhappy with the charges and they would endeaver to contact me as soon as possible.

On 02/04/2007, I received another letter from Barclays explaining that due to the amount of claims they were still not in a position to respond.

On 29/04/2007, I received a letter from Barclays saying that although they felt the charges were not unfair and without any admissions of liability they would offer £280.

This seemed quite low compared to what I am claiming and therefore I raised a claim with MCOL on 03/05/2007.

Link to post
Share on other sites

I suggest you send a DPA SAR and find out exactly what your charges are.

 

Should this actually go to court, as claimant, the onus is on you to prove those charges, which at the moment you can't do. The bank is under no obligation to tell you unless you have sent an SAR

And this isn't the equivilant :

If you disagree with this amount please supply me a copy of all the charges applied to my account dating back six years within the next 7 days.

 

 

Link to post
Share on other sites

I wasn't sure how long each thread could be, so I will continue my summary in this thread...

 

So I submitted a claim with MCOL on 03/05/2007, which cost £50. I should get this back if I am successful though.

 

My claim consisted of the following wording:

 

 

The claimant has held a current account XXXXX XX-XX-XX with the defendant, conducted on their Standard terms and conditions since 1999. The defendant from 03/03/2001 to present day has applied charges to the claimant account, totalling not more than £493.20. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The Defendants charges are also contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e)) The claimant has asked the bank to refund their charges or offer proof that they are true pre-estimate. The bank has declined to do so. The claimant claims no more than £493.20, being the sum unlawfully debited.

On the 14/05/2007 I received an aknowledgment from Barclays to the MCOL claim, stating that they would defend all of the claim. Adrian St John being the defendant.

This is what has happened so far, However I have now in retropect asked for all statements from Barclays. I am hoping that my estimate is near enough or less than the actual amount. I am still waiting for these staements.

Link to post
Share on other sites

Thanks Michael for the response. That was quick!

Will it cost me to request a SAR? How long to they take?

Is there any particular way I should word the SAR if I do go down this route.

 

I thought I should request statements, however when this type of oppurtunity normally comes along for me I am always too late, so I thought I would press ahead.

Link to post
Share on other sites

Will it cost me to request a S.A.R - (Subject Access Request)? How long to they take?

£10 and up to 40 days

 

Is there any particular way I should word the S.A.R - (Subject Access Request) if I do go down this route.

 

See here

http://www.consumeractiongroup.c o....s-library/516-

 

 

However if you have already requested statements, I would keep pushing them for those

Link to post
Share on other sites

Michael Browne is right. I would consider re-assessing your charges if I were you. You've entered the court process, but you haven't said whether you have taken interest into account.

 

I think people probably underestimate how much the banks have done them for - until they get all the statements. I think you'll find that it'll be worthwhile to pay your £35 to re-jig what you're claiming for.

 

Don't sell yourself short - it's your money Ronpig :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

I am not claiming any Interest. I didn't want to blow it just because I was too greedy.

 

I will contact Barclays tomorrow to see where my requested statements are. I requested them on the 18/05/2007. I will try and rely on these statements coming from Barclays in time for the court case.

 

Can you believe that I only recently destroyed a lot of statements because they were taking up too much room in my folder! Doh! If only I had known then..

Link to post
Share on other sites

Yeah, I suppose. It just didn't seem right. However we have just been stung for another £30 so I wish I had now.

 

These charges do not help when you are really struggling to keep your head above water. I am hoping that if I win my claim my debt will be over once and for all.

Link to post
Share on other sites

Update ..

I have contacted Barclays today to find out where my statements that I ordered on 18/05/2007 are. I was asked to phone 0845 7555 555. This is the number to phone about statements if you are a Barclays customer which I am (for now!).

 

I spoke to a pleasant chap called Dean. He said that it was taking around 40 days to post the statements as this particular request was in demand at the moment. However when I said that seemed a long time he suddenly found that they had sent the letter (presumeably with the statements) to my address on the 29/05/2007. I said I hadn't received the letter or statements so he said it was best for me to request them again which I did. He said he would request that these were done at no charge.

 

So are they fobbing me off and how often should I keep badgering them?

 

Also on MCOL it states that Barlcays have entered a defence. Do I get to find out what the defence is? If so is this on MCOL or do I get sent something through the post?

 

Thanks

Link to post
Share on other sites

You will receive a notice of transfer to your local court their defence usually comes with that

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

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

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.

Link to post
Share on other sites

He said he would request that these were done at no charge.

 

That was big of him , considering they don't usually charge for these anyway (at least they didn't with mine, - they sent the cheque back)!

 

I may be an old sceptic, but I reckon Dean is a nice guy- so that you believe him when 'he suddenly says they sent them'.:rolleyes:

 

However, let the sytem run it's course, ronpig, but as I said earlier, when you get the statements I would check them to see just how much they do owe you and bung the interest on as well. Let's face it, mate, they've had your money for however long - if it had been the other way round they'd have charged you a bit more 8%. Stay cool, you'll get there :cool:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Remember Dean from Barclays told me on 11/06/2007 that a letter had been sent to me on 29/06/2007? Well it arrived today. The statements that I had requested. He was a good guy after all.

 

So, I have checked the statements and the bad news is that the charges only add up to an additional £60. If you remember when I originally sent the letter to Barlcays I only had 46 Months of Statements with total OD charges of £315 and so estimated that the total would be £493.

 

Well now the actual figure is £375!

 

Would I be better of now contacting Barlcays and saying something like "I have now received all my statements and can see that the actual OD charges are £375 (Not including Interest) and not the £493 I had estimated". Would you (Barclays) be willing to reimburse me the £375, otherwise I will have no choice but to amend my MCOL claim (Assuming that I still can. Is this £35?)"

 

Does that sound OK. I am not quite sure what my best plan of action is now.

 

Help!!!!!

Link to post
Share on other sites

Why don't you try scheduling these charges on the simple spreadsheet, which will also work out the 8% interest over the period. I think you'll find, with the interest it won't be far off your original estimate. Ask them to refund you the revised amount (£375 )and if they don't(which is quite likely)then consider revising your MCOL claim if you feel it's worth it. It is £35.

 

Of course if they've just had another £30 from you take that into the equation too - that'll just about cover your amendment fee.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Another quick question (Hopefully). Will I also be able to add on the MCOL fee when I contact Barclays or is that only repayable if it does go to court and I win?

 

NB how do I change the title of my thread???

 

Thanks to everyone who has helped so far

Link to post
Share on other sites

you should add your court costs to the settlement figure

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

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

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.

Link to post
Share on other sites

I have just used entered my info on the Interest Spreadsheet calculator.

My Total charges are now:

£315 + £60 (Charges on statements just received)

£30(that I was charged after sending the letter to the bank)

= £405

 

The Interest on penalties is £37.56

= £442.56

 

So your right Johnnymitch, its not far off. I dont think I would push it with the 8% on top. If I added all charges from Interest calculator I would now be requesting:

 

Penalty Charged

Link to post
Share on other sites

****** I may have already posted this because I hit the tab key. This has extra info though than the last one! ****************

 

I have just used entered my info on the Interest Spreadsheet calculator.

My Total charges are now:

£315 + £60 (Charges on statements just received)

£30(that I was charged after sending the letter to the bank)

= £405

 

The Interest on penalties is £37.56

= £442.56

 

So your right Johnnymitch, its not far off. I dont think I would push it with the 8% on top. If I added all charges from Interest calculator I would now be requesting:

 

Penalty Charged = £405

8% on penalties = £82.76

Interest on Penalties = £37.56

8% Interest on Penalties = £7.14

Grand Total = £532.46

 

So I am hoping my chat with Barclays (I might ring them tomorrow, but I am a scardy cat, so I might put ot off, although I should get it over with.. I don;t know)

Link to post
Share on other sites

By all means add on the MCOL fee as well.

 

You can summarise at the bottom of the entries on the spreadsheet before you print it e.g.:

 

Amount of charges claimed............................£xxxx.xx

Interest to (date)........................................£ xxx.xx

Court Fees.................................................£ xxx.xx

Total claimed ............................................£xxxx.xx

 

I'm not sure how you change your thread title - I'm sure one of the moderators can help if you ask them - or one of the more knowledgeable posters

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

pm a mod or site helper to change the title of your thread or you might want to wait till you get your money ;-)

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

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...