Dovid v Big Bad Barclays

[Dovid]

I received the statements from the Bank and have put everything together for my Preliminary approach for repayment letter. I am am bit unsure about the interest claims as the FAQ's say don't claim interest initially unless you can show the interest was as a result of the charges but the standard letter template says "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX ."?

 

I have just deleted this out and the column on the simple schedule with the interest and asked for the straight charges. Is this right?

[saintly_1]

yes thats right .. the 8% interest is only included once you file through the courts

 

Overdraft interest can only be claimed on the proportion of the interest levvied as a direct result of the charges

[Dovid]

Thanks - letter sent off today Special Delivery. I'll update as and when I hear.

[Dovid]

Ok - I received a letter from Barclays in reply to my letter. The letter basically said sorry to hear about your complaint. We will try and reply within the timescales however due to level of work may not be able. They intend to find a solution in 4 weeks but nevertheless will send a full report within 8 weeks. They enclosed a leaflet regarding complains proceedure. I assume that this is standard stuff and wait to see what happens next.

[Dovid]

Another question if anyone can help. I posted my letter 11 July by Special Delivery which means it got delivered next day. Do I count 14 working days or 14 calendar days ? Also do I send the next letter straight away on 25th (assuming calendar days) or give them some time?

 

TIA

[Michael Browne]

do I send the next letter straight away on 25th (assuming calendar days)

Yes

 

or give them some time?

 

Definitely not

[Dovid]

Latest - I was supposed to send a letter on Wed 25th but due to the postal strile put it off to Friday and them was too busy. My second letter, the letter before action has been sent today special delivery.

 

I am just a bit confused now as to whether this will proceed the way all the others have or will it just now get stacked in a massive queuing system?

[saintly_1]

Once the 14 days have passed then file at court

 

I would strongly reccomend going the N1 route using the new POC's that have been specificly worded for each seperate bank

[Dovid]

What is the difference between the online and N1 claim?

[smutley]

I think I read on one of the posts not to use the MCOL at present but from my experience, you can't use the MCOL if you exempt from the court fees, ie on working tax credit, unemployed etc.,

[pjdavies2000]

N! alows you to add more words to your POC. It is strongly advised you use the N1 route as new POCs have been devised by a legal bigwig, and should hopefully help in getting directions we want!

 

Peter

[Dovid]

HELP!! I received two letters from Barclays??!! One received on Saturday, dated 3 August with one reference number and another received on Monday dated 26 July with a different reference number.

 

The letters are almost identical but basically say:

• that they acknowledge the complaint.
  
• They believe the charges are legal, fair and transparent.
  
• Barclays are now involved in legal proceedings with the OFT.
  
• The FSA has suspended the timescales for dealing with these complaints.
  
• They will resolve my complaint as soon as the legal proceedings finish.
  
• Timescales depend on the court - it may take many months.
  
• They have asked the FOS and Courts not to proceed any other cases until the test case has been resolved.
  
• The FOS has indicated a general proposition that it will not proceed with cases that rely on the legal issues being considered in the test case.
  
• If I choose to issue a claim in the County Court, Barclays will apply for a stay.

What am I supposed to do now?!:-?

 

Any help would be appreciated.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/107576-oft-test-case-what.html

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

 

Have a read of the above 2 threads

 

We all seem to be getting the letters

[Dovid]

I now have ! Okay, I will press ahead. I was going to use the MCOL but in earlier posts I have been advised to go to the Court to file the claim. I think I need to do a bit of reading as I am a bit (lot!) nervous with the whole Court business. My claim is not a large one like a lot of the threads I have read - sub £1,000 and am scared to screw it up. I have never been into a Court in my life.

[pjdavies2000]

don't worry too much.

 

The reason you need to go to court now is to collect an N1 form. just ask at the reception desk.

 

The new N1 statments are available in the templates library and refer specifically to Barclays.

 

If you haven't got your Terms and Conditions for your year of opening, these are generally available, or you can request the bank supply you with them.

 

Fill the form in, photocopy it three times, send one to the court, one to barclays and keep one secure for yourself.

 

It will take a few weeks for things to go back and forth, and barclays will need to enter their defence.

 

Then the judge will decide on a general course of action.

 

this is where you may find you get a general stay pending test case. If this happens, you can appeal it as per the many posts on this site - but basically the Human Rights statement is, in my opinion, the strongest.

 

But remember, you could be months away still, and by then, who knows, the case may have finished!

 

Good Luck

 

Peter

[Dovid]

Peter

 

Thanks for the advice. One thing I am not clear about is the terms and conditions. I have had the account with Barclays for the past 21 years. I don't have those terms and conditions?!

 

BTW - what do I do about the charges I have had placed on my account since first writing to Barclays and are not on the Schedule I sent with both letters?

 

Dovid

[pjdavies2000]

You can add any further charges UP TO the time you file at court. After that date, it's another case!

 

The T&Cs issue is something coming around slowly - it appears the banks have on occassion challenged the claimant to prove that the T&Cs say what they are arguing about - this has led to some cases being struck out by the judge.

 

However, you should be able to get a copy of those, either one here (Believe it or not people do keep them!!!) or by asking the bank - there is another N-something form that can be used to request information needed for the case be released to you - have a flick about the forums for the actual number.

 

Good Luck!

 

Peter

[Dovid]

I was supposed to make my Court Application last week but due to work pressures did not. I was going to submit it to Manchester County Court (Crown Square) but read in a thread that they were staying on advice of the senior judge. I can apply to Salford County Court but do not know what to do. My claim is small compared to most on this forum (£700 odd with interest) and I don't realy want to spend £70 to have it stayed until next year. Any suggestions?

[Michael Browne]

See here:

OFT Test Case: Advice on What to do

OFT Test claim: What this means for you

 

OFT v The Banks: Read This if You're Worried

OFT v Banks - **Don't panic!!!**

 

If you file at court it is likely (although not absolutely certain) to be stayed, but by filing you will ensure that your earliest charges will not be time barred by the 6 year limit and you will be gaining s69 8% interest in the meantime.

[slick132]

Just to correct post #15, you take all 3 copies of form N1 to Court for stamping with Court Seal and the Court then sends off the copy to bank. They'll either give you back your copy, stamped, or send it back in post

[Dovid]

Thanks - i am not worried about time as my charges only go back to June 2004. If I do file should I go to Salford as they are still hearing on a case by case basis?

[Michael Browne]

If I do file should I go to Salford as they are still hearing on a case by case basis?

Yes, although, of course, that can change.