Barclays Here I come- i'm gonna get you

[brussels1]

Sent DPA letter in May.

 

statements received within 5 days

 

Sent letter requesting refund on the 16th May - 14 days to pay up

 

Reply received letting me know they will reply no later than 22nd June

 

Replie dto Barclays giving them unitl 14th June.- No repy from Barclays.

 

LBA letter sent off today giving them 2 weeks to pay in full.

 

I know what happens next... Barclasy offer goodwill gesture

I refuse

I start claim

They defend on the last day

They do not turn up at court - I win.

[brussels1]

Opps ,

 

I've just found the DPA non-compliance letter etc

[brussels1]

Barclays did not respond to my time-scale by not replying before 14th June.

 

They sent me a letter on the 30th May in relation to my request for a retirn of charges, promising that they would reply to me no later than 22nd June 06. I received my reply- yes, you guessed - 22nd June.

 

In any case my Letter before Action letter was sent on the 14th June, so in any case they have until 28th June to pay up - notherwise court action.

 

Their letter dated 22nd June expains that they are aware of this type of complaint and that I was made aware of their terms and conditions and subsequent changes including their charging scales etc. However, due to the inherent costs of court action they are willing to amke an offer of around 40% of the claim.

 

Their letter is persuasive but does not answer my points raised to them in letters. They seem to fail to understand that I know what the charges are, but the fact is that they are illegal - unless they can prove otherwise.

 

My reply is as follows:

 

Thank you for your letter dated 19th June 2006 in connection with my request for you to refund charges levied against me over the past six years, albeit your letter being sent on the very last day by which Barclays Plc informed they would respond. As I have detailed later in my letter , Barclays plc did not respond within my reasonable time-scales.

Firstly, I have perused your letter and regret to inform you that I will not be accepting your offer for the sum of xxxxxxxxxxxxxxxxxx and cite the reasons for this as detailed in previous correspondence. However, I must stress that Barclays plc have clearly not addressed the issues detailed in my letters and I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them and prevented me from asserting my right until now.

On the 6th June 2006 I wrote to Barclays plc giving until 14th June 2006 to reply to my request. I am disappointed that Barclays plc did not adhere to this time-scale, especially as on the 6th June I asked Barclays plc to provide reasons for why it should take until 22nd June to reply. Furthermore, my initial letter to Barclays requesting the refund was sent on the 16th May 2006.

In line with my fair and reasonable time-scale, which as detailed above you failed to meet, on the 14th June 2006, I sent a letter before court action to Barclays plc giving 14 days to reflect on my request before court proceedings would be initiated.

I remind Barclays plc that if I have not heard from you agreeing to refund the charges in full by the 28th June 2006, I will initiate court proceedings without further notice.

Yours faithfully

[brussels1]

Further to my letter informing Barclays that I will not eb accepting their offer, they simply replied "they are sorry that I am have not accepted their offer that was made as a gesture of goodwill and that I will be proceeding to County Court"

 

Looks like Moneyclaim now.

[MARTIN3030]

I too am awaiting my dpa request.

I sent that on 30/5 and on 12/06 was sent some manual intervention notes with a letter saying statements would follow.

Their deadline is 9th.July.

Its no secret that Barclays are settling at stage 3 .....leaving as late as they can.

[brussels1]

With ref to post 4, tomorrow I will be submitting my paper N1 forms to the court.

 

wow- £120 court costs - I am aware I can re-claim.

[MARTIN3030]

Yep you can indeed .........forcing their payout to be even more !!

 

[brussels1]

13th july - recieved letter from the court that barclays intened to defend the claim in full.

[BBloke]

Hi

I got to this stage and they did not enter a defense in time. The deadline was midnight yesterday. I will be entering judgement via the moneyclaim site later today as per the advice on here and from the moneyclaim phone line.

Sounds as though you are a week or behind my claim. Apparently they could now claim they did not receive the paperwork. We'lls see what happens.

Good luck

BB

[brussels1]

Barclays defence received 4th August 2006. On the very last day by which they had to sumbit their defence. Hmmm- just like when I requested they return my charges, they replied (ignoring my timetable) saying they would get back to me no later than 22nd June 06 - Yes- they replied bang on the 22nd June.

 

I'll post their defence on this thread when I get a chance, but I'm sure it's pretty much the same as all of the others submitted.

 

I guess I now wait for the Allocation Questionairre. Should Barclays settle before the court date, I think I will write to the court suggesting that no new evidence came to light than what was available at the beginning of the claim and that Barclays are abusing the court system by dragging out cases when they always intend to settle.

[MARTIN3030]

Its not just Barclays either...............Royal bank of Scotland are doing exactly the same thing !

[brussels1]

I've just been reading some other threads and have a question.

 

After receiving Barclays defence, do I sit back and with for the Allocation Questionairre and then add wait to my claim etc, or do I need to respond to their defence???

 

Ta

[Spotted Dog]

Moneyclaim showed Barclays had submitted a defence. I got a letter 3 days later from the Court with a copy of their defence and my AQ.

 

I sent the AQ back and am now waiting for a date from the Court.

 

So I guess you need to sit back

 

Spotty

[brussels1]

When Barclays submitted their defence, I never received an Allocation Questionairre to return to the court.

 

All other people seem to hav edone so. I telephoned the court who said this is a busy time of year and the papers are with the District Judge.

 

Is this normal procedure with the AQ etc? I received their defence 4th August

[brussels1]

1st September - At last I have received Barclays defence from the court, together with the Allocation Questionnaire.

 

Now I have a few questions.

 

The AQ form is N150.

 

1)Management information – I am a Witness but what should I put under Witness to which facts?

 

2)Section F proposed directions – I ticked yes for this section. Mainly because I have inclided notes about Standard Disclousure in the Other Information section. Is this correct

 

3)Other information - Do you intend to make any applications in the immediate future? What does this mean? I presume I tick No!!

 

Finally, do I need to send details of my other evidence such as Unfair Contracts Act? Or do I wait until a later time for evidence?

 

Advice much appreciated.

[brussels1]

1st September - At last I have received Barclays defence from the court, together with the Allocation Questionnaire.

 

Now I have a few questions.

 

The AQ form is N150.

 

1)Management information – I am a Witness but what should I put under Witness to which facts?

 

2)Section F proposed directions – I ticked yes for this section. Mainly because I have inclided notes about Standard Disclousure in the Other Information section. Is this correct

 

3)Other information - Do you intend to make any applications in the immediate future? What does this mean? I presume I tick No!!

 

Finally, do I need to send details of my other evidence such as Unfair Contracts Act? Or do I wait until a later time for evidence?

 

Advice much appreciated.

[victimnomore]

How to fill in the AQ? Check here for the answers, section by section;

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[brussels1]

Update - Allocation questionnaire returned to the courts on 13th September 06.I'm now waiting for a court date.

 

I understand Barclays keep quiet until a few days before the hearing and then make an offer - possibly omitting the 8% interest and with a confidentiality clause.

 

They won't from me as I expect the full interest and the only way they can get me to sign a confidentiality clause is by buying it from me.

 

I'm quite willing to go to court - should the need arise.

[MARTIN3030]

Well done.

 

I agree they should pay nothing short of whats due.

 

I am just behind you.Got my allocation form here all ready to send.

[brussels1]

At last - A court date - 3rd January 2006. Small Claims Track at St Helens.

 

Should hopefully see Barclays pay up before the Christmas period.

[victimnomore]

Happy New Year!!

[brussels1]

Court bundle delivered To Barclays 9th November and Court on the 10th November. Got home on the 10th November evening and their it was - a letter from Barclays to settle in full - with confidentiality.

 

I've crossed that bit out about confidentiality and as long as they are happy with that , the money should soon be in my account.

 

I don't know why thay agreed to settle so soon - not like them.

 

Anyway, I'm not celebrating until the money is in the account.

 

All I can say is that the bundle was the standard stuff in the templates with a couple of 'standard automated letters' as evidnece and the report from the northern Irish Competition Committe - - but the whole document was 200 pages.

 

I did, however, also request the amount of all their charges from 1989 to date, including all revisions. I also asked for the terms and conditions from 1989 and all amendmnets to date.

 

I'll update when/If I get the money.

[brussels1]

I've received my statement from Barclays which shows that they paid up in full (well almost) on the 21st November 2006.

 

I mean that they almost paid up in full because I inadvertently agreed to their offer which only had interest included from July and not November.

 

Anyway the money plus interest is back where it belongs.

 

Everyone else keep going and don't panic becuae as long as you follow the procedures and guidance on the site , you will win.

[Laineybelle]

Good for you Brussels!!!

 

Congratulations and Merry Christmas!!

 

I have filed my claim at our local court today so will be reading up on your thread in more detail in due course.

 

Regards

Laineybelle