Claiming from Barclays again

[humbug88]

Hello,

 

Last year I claimed my fees back from Barclays and after my second letter they offered me a third of what I was claiming and I accepted (I hadn't seen this forum then). Anyway now I am going to claim back another years worth of charges, almost £1000, what I was wondering is do you think they will try to make this go the whole way as thet'll think I haven't got the bottle after last time? Also has any one else claimed from the same bank more than once and if so did you have to close your account?

 

Many thanks

 

Deb

[welshcakes]

Hi humbug

 

Firstly, welcome to CAG!

 

Now there are two main issues that come to mind and firstly it is whether or not, when you accepted their offer for what I expect was termed a "goodwill gesture" payment, you signed anything or they made the offer conditional on the understanding that it represented "Full and Final" settlement.

 

If the answer to either is yes, it may well be that they will successfully argue that you had already agreed not to pursue any further refunds.

 

The other point is that when you make multiple claims for different years, the courts could view you as a potential serial litigant ie that you should reasonably have dealt with it all as one matter instead of in dribs and drabs.

 

What is the reason behind you initially only claiming back partial charges as oppose to laiming the whole lot back?

[humbug88]

Hello Welshcakes and thank you for your reply.

 

Sorry I don;t think I was very clear....I received my money from Barclays last year in July and that was for charges incurred up until then...

and the charges that I was going to claim now are for the time since then..ie from July 06 to July 07.

 

Hope thats a bit clearer, a bit worried about being a serial litigant!!

 

Thanks

 

Deb

[humbug88]

Sorry..one more thing is that I've been reading that when you sign the slip accepting payment that you should cross out a bit that says "your claim" and make it say "this claim"...I didn;t do this when I received my money last year, would that make a difference when/if I try to claim my latest charges?

 

Thanks

 

deb

[welshcakes]

Hi Deb

 

Ah, well that is different and since the "your claim" agreement was signed approx July 2006 then it is reasonable to argue that it could only cover any pre-existing charges that had been applied; ie any and all charges up to that date.

 

Since these charges did not exist at time of agreement, there's no reason why you don't have as good as case as anyone claiming for the first time.

 

If you already have all your charges worked out, time to send http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html .

 

It's up to you whether you want to add to the letter by pointing out your dissatisfaction that the bank has continued to apply unlawful charges despite having previously entered into a mutually satisfactory settlement with you.

 

It can't do any harm and it may possibly prompt them to want to get rid of your dispute with minimum of fuss. If not, it's just a 14 day wait before issuing the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

[humbug88]

many thanks, the prelim letter is in the post!!!!

 

cheers

 

Deb