Ali VS Barclays

[Ali-D]

Here goes!

 

I've finally got the statements through the post after much arsing around:

 

Called Debt Managers (who are trying to collect on behalf of Barclays) and was told that I would have to write to them, for them to pass the letter on to Barclays and obtain statements on my behalf.

 

Partial statements received, with a note saying that I would have to pop into my local branch.

 

Into the branch, lady was as polite as she was useless, so puts me on phone to "advisor" at head office with _severe_ stammer. Thats no reason not to employ the fella but ffs don't stick him on the phones! Good job I wasn't on a parking meter.

 

Return to the lady, saying HO was no help, she gives me another number to call, which I do when I get home, and hey presto full statements are sent out, no charge!

 

 

I only opened to the account in June '06 so it shouldn't take long to enter the charges into the spreadsheet. Learning to make the spreadsheet might, but I used to be a programmer so it can't be that bad! I'm using OpenOffice (.org) and I've got a good few coffees inside me and DJ xplizit bangin out the stereo

 

What's the most interest I can get away with charging? Considering it's only a couple of hundred they owe me, because the 600 odd they say I owe consists entirely of charges. Plus they would want to avoid court costs and I want to shaft them good and proper!

 

I also need to stop Debt Managers taking me to court in the meantime, cos they won't listen about the fact that it's Barclays that owe ME money!

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html use the spreadsheet here .. it works out the interest for you and updates the interest for you

[saintly_1]

You also should read these http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

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

 

Can i also suggest that you have a read through some of the treads on here just to see whats in store for you in the weeks ahead

 

If you have any questions dont hesitate to ask them.

[Ali-D]

Many thanks saintly_1

 

I just updated a few bits I'd downloaded before. I'll be working stuff out and looking around...

 

I know it says I can't add the interest unless it goes to a court claim, but i want to anyway. I like hurting banks!

[saintly_1]

But you dont add the interest until you file at court ... unless you are claiming contractual interest but the banks tend to defend that more

[Ali-D]

Got the Preliminary letter done, based on the template, and sending off tomorrow with the schedule of charges not including interest. Here's the juicy bit:

 

What I require

I calculate that you have taken £814.56 (which includes telephone and postage costs incurred as a result of your activity) plus £27.53 which you have charged me in overdraft interest for the sum which you have taken. Total £842.09. This is against the sum of £628.71 that Debt Managers Ltd are attempting to recover from me. I therefore demand immediate payment of £213.38 and the cessation of all activity against me by yourselves and anyone acting on your behalf, e.g. Debt Managers Ltd.

[dar£n]

I know it says I can't add the interest unless it goes to a court claim, but i want to anyway.

 

Hmmm, Does it say in the guidelines to add the interest?

Nope!

 

Doing this is of course your choice, but not following the advice given on this site is what leads to the cases being won.

 

So, its up to you....

 

Either way, it is recommended you send your correspondence by recorded delivery.

[Ali-D]

I didn't add the 8% interest in the end, much as I wanted to, and I am sending it be recorded delivery.

 

The interest mentioned is that taken by Barclays themselves.

[saintly_1]

The interest mentioned is the proportion of the overdraft interest that was a direct result of the charges incurred i havent claimed that .. prefering to use the simple spread sheet (seemed to be named just for me )

[Ali-D]

The sum they are claiming I owe includes the interest they charged, so I have to include it to make the sums right. It was itemised on my statements so I just included it like any other charge, and in my case the overdraft is made up entirely of their bank charge foolishness.

 

I've got a honking great mortgage payment in July and I'm hoping this will be sorted soon. Otherwise I'll be out on my arse, and i don't fancy that in this weather...

[Trucker]

Here goes!

 

 

I also need to stop Debt Managers taking me to court in the meantime, cos they won't listen about the fact that it's Barclays that owe ME money!

 

If they do take you to court then you request that the action is stayed as you are in dispute with Barclays over the "debt". You should write to debt managers and tell them you are in dispute.

 

 

[Ali-D]

Thanks for that I just hope the court summons finds its way to me in time as I had to use my old address for the account.

 

I wrote to DM and they acknowledged the letter in a subsequent phone call so they have no excuse. I was sure to itemise the 34p for a stamp and the cost of the call in my letter to Barclays!

[Ali-D]

Well I've sent off an updated LBA (I goofed on some of my sums) about a fortnight ago, just got to fill out the N1 and send that off to the court tomorrow.

 

I calculate that you have taken a total of £792.19, which includes telephone and postage costs incurred as a result of your unlawful activity as well as overdraft interest for the sum which you have taken. This is against the closing balance of -£603.71 on the account. I therefore demand immediate payment of £188.48 and the cessation of all activity against me by yourselves and anyone acting on your behalf, e.g. Debt Managers Ltd or Wescot Credit Services.

 

Am I right in thinking that I file a claim for the charges plus overdraft interest taken by Barclays, but NOT telephone and postage costs? As I understand it I put that lot in a Wasted Costs Order...?

[slick132]

Hi Ali-D,

 

You need to follow the guides exactly, adapted to suit your case or reflect your circumstances. You can't claim other out of pocket expenses with your bank charges. You can reclaim these items towards the end of your case, either in court or by agreement using a WCO, as you say.

 

Use the new POC which is found in the Stickies at the top of the Barclays forum.

[slick132]

Her's the link to the new POC - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107566-bank-charge-poc-n1.html

 

Follow this guide for N1 but use the new POC's. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Best to stick to the guides given or at least check 1st if you want to do something different.

 

Are the DCA's quiet now or hounding you.

 

Slick

[Ali-D]

Cheers for that slick, wasn't 100% sure. I missed that first link when I trawled for pages to save (my net connection is iffy).

 

The DCA's have been stupid and still sending the odd letter, final demand, settlement offer etc but not what I'd call hounding. The last I heard from WCS was a hand-filled form letter offering me a 50% discount for settlement. As if! I've kept all the letters so I'll claim for harassment. I'm using all this Barclays bother as a practice run for when I (fingers crossed!) turn HBOS into the next Northern Rock.

 

OTOH The 6 to 8 calls a day (and night) from Haliprats that I was unable to block with BT's Choose-To-Refuse... That was hounding and effed my head up badly. If it weren't for the rock solid mates I've got then I probly wouldn't still be here. HBOS "high and mighty" will get what's coming though.

 

What's interesting is that WCS is sending correspondence to an address I'm currently living at in Brum, even though I've always used my other address in London for the Barclays account and correspondence.

 

Ali

[Ali-D]

Please excuse my continued thickness!

 

Could someone with ahead for paperwork clarify the following bits? I'm nearly there and I'm hoping to get the peperwork in tomorrow.

 

--------------------------

15. The Bank wrongly debited the Account with Charges totalling some £[is this just charges -or- charges plus interest taken by the bank?] between [Date of first charge] and [date of last OD interest taken before account closure?]. Particulars appear from Schedule 2.

 

16. On [ date of your preliminary letter (my prelim sums were goofed and same for first LBA but the last LBA was correct, will that matter?) ] the Claimant demanded repayment of the sums

wrongly debited.

 

17. The Defendant has not repaid them or any of them. And the Claimant claims:

 

(1) A declaration that the sums totalling £[ Charges AND OD interest, or just charges? ] have wrongly been debited from the Account

(2) Payment of the said sum of £[ is this just the OD interest if its just the charges above? ] charged by the Bank thereon.

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £[s.69 Interest total as on the spreadsheet], and at the daily rate of [ daily s.69 rate ] until judgment or sooner payment.

(4) Court costs of [ I'm on jobseeker's so I don't have to pay the fees, so do I put zero here or what it would have cost me, since Barclays will probly be paying the court for wasting its time?].

 

I believe that the facts stated in these particulars, comprising of X pages, are true.

 

Dated today

 

Signed ME!

------------------------

 

How long do you think it will take to get me cash? I'd really like to be able to afford some sort of xmas this year...

[slick132]

Hi AliD,

 

15. Just the bank charges.

Are you claiming the OD int't they've chgd you. I doesn't work this way!

 

16. No matter - so long as the last LBA was OK.

 

17. (1) Charges only

(2) Charges only

(3) THIS is where you add the s.69 int't

(4) Leave out this para.

 

The SOC gives you the totals of chgs paid and of the s.69 int't you can now add to your claim as you are Filing at Court.

 

You cannot just reclaim the OD interest they've charged you - if you do, the court and the bank won't take you seriously and your claim will fail.

 

If you don't stick to the guides given, I'm sorry but you won't win.

 

You ask how long before you get the cash -

 

Bad news - Bank will Defend in January, then AQ's, so your case may not be seen by a judge before March.

 

Good news - The OFT test case may be resolved by then so your case may not be stayed.

[Ali-D]

The unauthorised overdraft was made up entirely of bank charge interest, so according to the guide it forms part of the figure I can claim. There was never any authorised overdraft.

 

I wasn't sure wether (1) and (2) were referring to different parts of the total claim. I'll put the same figure (with OD interest but without s.69 interest) in both of those.

 

Having received either a summary of charges, or copy statements, and calculated your charges (plus any overdraft interest which you can show was caused solely by those charges - not general overdraft interest), enter them into one of our spreadsheets in the Library. This will also calculate a further kind of interest (at 8%) but this is not reclaimable at this early stage and is for future reference only.

I understand (3) and I just deleted (4).

 

IMHO the test case will totally absolutely definitely be found in the bank's favour, without a shadow of a doubt. Banks run this planet, Novus Ordo Seclorum and all that. Though, if the judges have half a moral testicle between them, hopefully they will still allow claiming of older charges that were accompanied by "blah blah blah to cover our costs" letters. I've kept all of mine.

 

Thanks again for your help slick!

[slick132]

Re your penultimate para, I don't get the latin but you're on your own with your opinion. Look at what's happening re CCard claims now.

 

Taking advice re OD int't and will come back.

[slick132]

Taken advice - IF OD made up entirely of penalty chgs, you can try just adding int't to your SOC, then claim s.69 int't on top.

 

If, however, your a/c was in credit or if OD caused by anything other than penalty chges, you would have to do more complicated calcs to arrive at int't you can claim.

 

Sorry if my advice was off the mark - but you do seem to have a flare for doing things your own way, which could lead to probs.

 

Slick