Caro, I can't sned you a PM to ask you to change my thread title, cos you're full up! S

Dear everyone, I am rather pleased to report that I seem to have rather more money in my account than I did yesterday... Thank you to everyone for your support, kind words of encouragement and most importantly the HELP! Off to: donate, pay my creditors, enjoy being debt free for the first time in 15 years, change bank account - oh, and reclaim the £120 they've taken whilst this has been ongoing! I'll hang around to help when I can. This site makes such a massive difference to people's lives - well done to everyone! Thank you! Lots of love and Happy Chirstmas! Stevex

Well, yeah!

Ah, 'caro' Caro, your quick response is wonderful. Thanks! Hope you didn't think I'd given up? Bookworm is so right - they use Christmas as a cheap tactic and I'm sure feeling it. Desperate to settle, but I know I'd regret it and wouldn't be able to face you lot! [Yes, I know, every case is different and nobody's judging anyone - but I'm financially stable enough thankfully (largely due to having a better credit facility with my girlfriend than my bank) to know that I have to hold out - as much as anything to be an example!] Another month isn't going to hurt! S

Hello, good luck with your claims. Have you put in a claim with the court or just written to the bank, thus far? If you've just sent the preliminary letter I don't think you've done anything wrong. I suggest it might be easiest to keep track if you split up into the three strands, just cos its easier for everyone (i.e. you and the bank) to keep your head in control of what's happening. So perhaps when you right the next letter - the 'letter before claim' by the sounds of things, then you should write a different letter for each account. But keep a track of dates and when you sent each. If you're anything like me it's easy to let your timetable slip. Good luck, go get em Steve

Yeah, it's one of the biggest pains - all of the deadlines mean something subtley different and the bank seems to be able to get away with ignoring them, but there's one deadline they can't miss and that's the court date, so crack on and you'll be fine! good luck Steve

So, Ms F followed up my response by telephone but maintained that she wasn't able to increase the offer. I asked to speak to someone more senior (who might be able to break the impasse), but she wasn't keen on that idea and I didn't get anywhere, so we parted on a cheery 'well that's that then' - having both stated our positions [again]. I didn't expect to hear from them again until after Christmas. Yesterday I got another email "I was just wondering if you have had anymore thought about whether you would like to accept the offer of £^^^^,^^. I know we have both put our positions forward but I need to know whether you are considering the offer as I will need to appoint counsel as soon as possible if you intend to take this further. Obviously we are still willing to settle with you and avoid court if at all possible, but if you are not interested in the offer I will be able to treat it as rejected so that any subsequent reduction in what is recoverable may be offered without any references back to my offer of 22 November 2006.' - as if there will be a 'subsequent reduction in the offer'! - I like the fact they want to avoid the cost of appointing a counsel! I wonder if they've ever got to that stage yet? So, tonight I went through all my statements again, and checked my basic figure, which is correct and not £175 less as they have suggested (back in post of 28/11). This puts my mind at rest that I'm not jeopardising my claim with innacurracy. And I haven't yet written to the court about the fact I've not received a Barclays bundle, so I propose two letters to go tomorrow, comments and thoughts greatly appreciated: TO THE COURT Case of me against the toerags, Dear Mr Justice blah, In respect of the claim, above, I received a court order from yourself that both parties submit all documents on which we intend to rely in court by 25 November 2006. As of today, I have yet to receive a copy of the documents from the Defendant. I understand that these have been submitted to the court, but that this was done after the deadline imposed. The failure by Barclays to disclose this information to me severely hampers my ability to press my claim in court and, in a letter of 28 November they have admitted that they have missed the deadline for disclosure. I respectfully suggest that Barlcays are acting in contempt of the court in this regard and request that their defence be struck out and victory awearded in full to the Claimant I look forward to hearing from you, etc. TO BARCLAYS Thank you for your email of XXXX restating your offer of ££££. I have been though my bank statements again and can confirm that my assesment of the penalty charges levied by Barlcays is correct and, as previously discussed, I remain willing to go through my statements step by step on the phone if that is what you wish! I maintain that my position regarding interest charged by Barclays on these penalty charges is also correct and I am happy for a judge to rule on this matter. Accordingly, I am unwilling to accept your offer. As of today, with 8% statutory interest my claim stands at XXXX. I understand that you do want to go to court unnecessarily and do not wish to employ a counsel, so I would be happy to discuss settlement without liability to Barlcays at this figure as of today. [For your information, I have also today written to the court regarding your failure to disclose the documents relating to your defence. I believe that you have shown contempt for the court in this regard and have requested that your defence be struck out. - not sure I even need to tell them this, but I want to bully them back a bit!] I look forward to hearing from you once again. That's it. Thoughts and comments welcome. Sorry, I've been away too long and now have verbal diahorrea (or something) Cheers Steve

Hello all, Right, I've been offline for a bit because a) I've had too much work to do and b) yes, Barclays are beginning to wear me down a wee bit. I'm now 8 months in to this, and it's over a month since I optimistically and oh-so prematurely got my thread title changed - perhaps it's time to change it back to something less headline grabbing? (Suggestions welcome!) Anyway, thanks for your thoughts and comments - cos you're all right and I just need to crack on with this now and your comments give me confidence renewed confidence. And so, to an update...on another post

Hi Badger, Good for you for going after them! Looks like you need someone to respond to your thread so you don't get lonely! Thanks for taking an interest in mine... still hoping for a happy ending, but your words on Sharpblue's thread were just what I needed! Cheers, and good luck with it, Steve

Hi Sharpblue, Just reading your thread with interest and now see myself mentioned! I know how you feel - their tactics are to delay and bully you into submission. I have now received numerous letters stating things along the lines of 'we think your claim lacks merit and that you will lose' and yet they're still offering me a substantial amount (not yet the right amount...). It's great to read Badger's comments because I'm having a major wobble but know that all it takes to win is to stand firm (oh, and be prepared and all that sort of thing). As for you, you look well on top of things - so get your bundle ready and settle down and await the call. When they pay up get them to do so into your new account, so that you can pay off the overdraft with Barclays on your terms! good luck! Steve

Fantastic! Happy Christmas!

Ah, Welshman! Bit late, cos I've been off the site for a bit, but CONGRATULATIONS! Great stuff - what a battle - well done mate!

Caro, You're brilliant. Hope you got some sleep! I've sent them the email with your suggestions. The court weren't fussed about getting their bundle late, cos its still ages till the court date, 16 Jan. But I will talk to them again. It does seem to me that they're taking an increasingly un-concilliatory tone with me, but I won't be bullied and at some stage they'll realise that I really am happy to have my day in court - if only they'd give us the opportunity! Cheers Steve

Right, been too busy by half! Back now and needing help again! They've given me a revised offer, but we're still a few bob short and they're disputing the interest I am claiming. The write: Dear Mr Thomas, Thank you for your fax and your counter-offer of £****.00. While I appreciate you entering into negotiations with us, I am sorry that it is proving so difficult to reach an amicable agreement. In respect of the missed disclosure date, Barclays have been attempting to enter into settlement negotiations with you in that period, and the court are obliged to issue an Unless Order before they can strike us out for non-compliance. [They disagree with my assesement of the charges:] While we are eager to settle with you for your claim, as discussed previously, our records show that your charges were only £****.00 and not the £****.00 quoted by you. Ignoring this slight discrepancy, you have also claimed 3 different types of interest. The interest we charged on your account for going overdrawn is not a charge but a higher rate of interest and so as far as we are concerned not recoverable, considering we are paying you the 8% judgment rate. Our offer of £****.57 is not unreasonable, and I am sorry you feel you have to reject it and attend court in January. If the discrepancy was not so large already between the amount we charged you - £****.00 and the offer of £****.57 which is over £1,000 more then you were originally charged then we may have been able to negotiate a further ex-gratia payment, but at the moment I cannot justify any increase in the offer. I am sure that you can appreciate that even if the charges are deemed to be penalties, which we do not believe they will be, the court are likely to reduce the amount we charged you by the difference i.e. if it is deemed to be say £15.00 each charge of say £25 will be reduced by £10.00. This would mean a reduction in your settlement offer; this is due to the fact that banks are entitled to charge customers for going overdrawn or late payments etc. [The £1000 figure above include over £600 interest at 8% which they're not disputing. We're fighting over £400 here, not £1000!] I hope you will be willing to settle with us without dragging this out any further then necessary and incurring further costs and time. My proposed reply: Dear Ms F, Thank you for your email. As previously discussed, I believe the totality of my claim to be valid and that, should this matter go to court, that the court will find in my favour. To clarify my claim for interest, I am not claiming interest for having gone overdrawn. Rather, I have claimed a portion of overdraft interest, in relation to the interest on the penalty charges. For example, if I were to go over my overdraft limit by £5, I am happy to pay interest on this. If Barclays charge me £30 for going over my overdraft limit by £5, I will then be charged interest on this £30. I am claiming for this interest, i.e. on the £30 but not the £5. If a judge decides that the £30 is an unlawful penalty charge then by definition it is unlawful to charge interest on it. In addition, I am claiming the statutory 8% on these interest charges. As the level of charges now far exceeds that of my overdraft, the entirety of Barclay's interest charges on my account per month are the direct result of the charges applied to my account and therefore I am reclaiming them. Indeed, I could also be claiming for the interest Barclays would have been paying me for being in credit had the charges not been applied. I will be happy to discuss the legality of charges in court in January. Nevertheless, I remain willing to settle at this stage, if settlement is made in full, that is £**** as of today. I look forward to hearing from you. Any comments welcome! Am trying to be clear with them. Happy to see them in court if that's what they really want. It would be great for quick advice so I can respond to Barclays fast, cos they replied to me in 30 minsd today! You're all marvellous! Stevex

Fantastic! Well done (sorry it's taken so long for me to add my congratulations!) As for me, I'm still haggling...

Ah, boy! Should be easy, babes!

It was Litigation and disputes - 020 7116 5634, but if you phone them do take note of Caro's comments above and take care! good luck!

Well? Have they been in touch then?

Yes, I think you're all spot on! I've not heard back from the bank since I sent them away on Friday to reconsider. Our disagreement is over the amount I am claiming for interest on the charges (not the 8%) - they are saying a figure can't be proved, which I know and I am saying that it's a contribution. Do you think it's worth me sending a fax to encourage them to settle or do I just need to sit back and wait til January? I rang the court and Barclays submitted their bundle yesterday - 5 days late. I wish they wouldn't show such contempt fopr every deadline. It only serves to wind me up more and there's nothing we can do or say. still haven't got my copy yet but I can't wait to see what they've got to say!

Hi Tracy Have you had your pre-Christmas offer from them yet? S

Hi Tanzarelli, You got your money yet? I had to send them packing, cos they wouldn't come to 100%... Well done! Steve

Hi Caro, Yep. And they've phoned. They don't want to pay the interest I've asked them for (not the 8%, they're happy with that)... so I've asked them to think again. Long conversation, not very satisfactory. S

You're right. I've received nowt from them, so I sent it pretty much as you suggested and wait response. Cheers Steve

Hi Caro, Thanks for your help! Principal/principle oh dear, oh dear! Shocking spelling! Good points well made and I agree regarding the without prejudice comments, I couldn't think of a reason either. Don't know whether or not they've sent a bundle in, but will include something similar to what you suggest. Thanks! Steve

interesting! Good luck! I think I may know where you're coming from