Settled out of court v Barclays!

[Dark_Knight]

In the interests of security and confidentiality on here I am not allowed to divuldge my other user ID for this site but what I will say is that I did have a claim ongoing with barclays which we have now settled out of court on for the full amount.

 

I have to use a new ID due to the nature of the terms of my settlement, including the confidentiality clause agreement.

 

So I'd like to thank this site for the step by step I have been given, which I have to say needs editing to stop new visitors who want to start a claim going wrong in various areas, ie: Only claim for 6 years nothing over that + send proof of the charges to the bank as well.

 

Also- I encountered a lot of problems when I was having trouble and got bugger all help for a long time - which needs to be addressed as well.

 

Therefore for the reason that the step by step and materials I needed were available, I will donate a small amount to the site as a mark of apprectiation- you would have had a bigger donation but seeing as though I didnt really get the help when I needed it the most and had to practically beg for it- so I'm declining to send a bigger amount.

 

I'd like to tell everyone to keep fighting the good fight and not to let

Barclays keep {EDITED} us all with these charges- keep at it, send the letters warning them of whats to come.. then go for the kill with the claim.

 

I was quite fortunate- barclays waited till the last minute to file the defence, the questionaire came out from the court to me and I emailed barclays direct to give them one final chance at sorting this out before I had to proceed further- it worked ladies and gents!

 

So we settled out of court before I even sent the questionaire back to the court for the full amount I wanted.

 

So my advice to you all:

1. Only claim for 6 years

2. Make sure the amount is under 5k

3. If at all possible- email barclays and see if they will cut a settlement, it may save a lot of time

 

So here is me, or should I say alter-ego me signing off.

Thanks to everyone who helped- {EDITED: NO NEED TO BE RUDE. MONEY OBVIOUSLY DOES NOT CAUSE HAPPINESS.}

Keep fighting.. you'll get your cash sooner or later!

Good luck.

 

EDIT: If you need any help from me regarding fighting barclays- feel free to PM me and I will give you my email addy to contact me on further if you need extra help.

[sazafraz]

Delighted for you, and hope you enjoy every penny !

One in the eye for Barclays.

congrats !!!

[quin1962]

Well done ... I am hopefully not far behind you and dont doubt will get the confidentiality clause as well. I am waiting with baited breath for their defence so as to email them and hoefully cut a deal. Would be interested to know what you put in your email.

Once again congratulations on getting back your money.

[omollmeg]

Many congrats!!

I am still waiting for a reply to my claim they have a week to go now so fingers crossed.

I may PM you nearer the time if that's ok if I get any tricky situations.

Would also be interestd to know what you e-mailed them before filling in the questionaire, it may be the way to go.

Anyway well done mate.

[Mamma-Caz]

Hi, Firstly can I say well done, it keeps my faith in the saying "What goes around comes around".

 

Secondly, I too would be interested to know what you said in your email, and how long would you say the whole process took after you placed them in court.

 

The only reason I ask is that I will no doubt be starting my Money Claim process next Monday and although I have read many of the threads on here it all gets a bit blurred on the time frame.

 

Ta everso!

[Bookworm]

barclays seem to be very good at getting confidentiality agreements into their settlements. .

 

I don't think Barclays are any different from the other banks. I think some people just don't have the guts to stand up for what's rightfully theirs and prefer to take the money and run.

 

Fair enough, I guess, we can't all be fighters. Me personally, it would leave a bad mouth in my taste if I had to kowtow yet again to the people I am suing for the return of MY money.

 

We have to be careful not to feed a myth that Barclays are any harder then others to fight. They may hold out longer, but in the end, they cave. Just like every other bank.

[jayne67]

Well Done 'Dark Knight' , brilliant result.

Jayne

[Bookworm]

A word of warning to all users:

 

EDIT: If you need any help from me regarding fighting barclays- feel free to PM me and I will give you my email addy to contact me on further if you need extra help

 

Since OP at this point can not be identified as one of our regular users, we would like to warn against any user on here e-mailing or pm'ing any of their personal details. He has appeared under a supposed new ID, and with no details as to his claim, could literally be anyone, from s/one touting for business to a prankster just as much as a genuine claimant.

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/15742-receiving-personal-messages-pms.html

 

.

[Dark_Knight]

A word of warning to all users:

 

 

 

Since OP at this point can not be identified as one of our regular users, we would like to warn against any user on here e-mailing or pm'ing any of their personal details. He has appeared under a supposed new ID, and with no details as to his claim, could literally be anyone, from s/one touting for business to a prankster just as much as a genuine claimant.

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/15742-receiving-personal-messages-pms.html

 

.

PM'ed mate

 

I was definitely a user of this site and a claimant and not one of the naughty ones

[jayne67]

We have been advised that confidentiality is something that can be passed "down the line", so if we are seen to have allowed a user to openly discuss the outcome of a case that was subject to confidentiality, we could theorically be liable to action too. I must therefore remove every post where this has happened.

 

 

Hi Bookworm,

I'm pretty sure 'Dark Knight' is this guy. I would stand corrected, but I have been following his previous thread.

Jayne

[Bookworm]

I have pm'd by OP, and he is indeed one of our previous users, and genuine. I have apologised for erring on the side of caution.

[tattietoo]

Hi I would just like to say a big congatulations to Dark Knight but I'm afraid I totally disagree with your comments about lack of help from this site . I have found it all invaluable but it takes a lot of reading! Every day I have been sifting thru other peoples experiences and drawn on them 8-) Whenever I have asked a question I have had a reply. A HUGE well done to the team who run it and I just hope I have the same response from Barclays as DK. And I have noted his comments on emailing which I will do if necessary.

[Dark_Knight]

Hi I would just like to say a big congatulations to Dark Knight but I'm afraid I totally disagree with your comments about lack of help from this site . I have found it all invaluable but it takes a lot of reading! Every day I have been sifting thru other peoples experiences and drawn on them 8-) Whenever I have asked a question I have had a reply. A HUGE well done to the team who run it and I just hope I have the same response from Barclays as DK. And I have noted his comments on emailing which I will do if necessary.

 

Thankyou - your comments were most appreciated.

However, I think we are going to disagree about the level of help on here though

 

If someone runs into problems with a claim as I did, they shouldnt have to sift through 1000's of threads to find an answer for starters which I was told to do- and also I found the help given when it came to claim time crap as well quite frankly.

 

I cocked up (my fault- however the step by step on here told me wrong as well!) and when it came to the fact that I need advice on what to do next- I was basically ignored for nearly a week and a bit so I was running out of time.

It was only when I PM'ed an admin on here and started a new thread out of desperation when I got some help.

 

And thats one reason why I will only be donating a smaller amount to this site.

 

Please feel free to PM me for my email addy if you need any help as I would like to help everyone through with their claims if they need help and advice and also a morale booster as it does get daunting I found when barclays comes back with a defence.

[Ihatebanks]

If someone runs into problems with a claim as I did, they shouldnt have to sift through 1000's of threads to find an answer for starters which I was told to do- and also I found the help given when it came to claim time crap as well quite frankly.

 

Unfortunatley as this site free and run by mods and site helpers

I have posted several times and had no response it is not that your being ignored just that with so many users the threads change really quickly and without full time staff to monitor every post occasionally you post is missed

 

If I have a particular problem and get no response I have pm'd others who have been in a similar position and mostly are only to happy to help

 

With regards to crap advise nobody on here claims to know every thing so any

advise taken should be checked out to confirm its correct

[Dark_Knight]

Congratulations - well done

 

can you say how much ?

 

barclays seem to be very good at getting confidentiality agreements into their settlements.

 

you were aware you could only claim for 6 years before submitting the claim .

 

Hi

 

Without giving out the total amount just in case- lets just say its in the £2k-5k bracket!!

 

Again- the step by step does NOT say anything about the 6 years limit- which needs to be rectified ASAP before anyone falls into that pitfall like myself.

 

All due respect to yourself- its ok saying you were aware of the 6 years limit- no I was not at all.. its only recently a new sticky has been added about the limit and I wasnt about to spend my time sifting through thousands of posts to find the answers to be honest- a lot of people dont have that much free time to do that.

 

Which is why this site needs a new step by step doing.. one that is deadly accurate.

[Dark_Knight]

Unfortunatley as this site free and run by mods and site helpers

I have posted several times and had no response it is not that your being ignored just that with so many users the threads change really quickly and without full time staff to monitor every post occasionally you post is missed

 

If I have a particular problem and get no response I have pm'd others who have been in a similar position and mostly are only to happy to help

 

With regards to crap advise nobody on here claims to know every thing so any

advise taken should be checked out to confirm its correct

 

As much as I found this site a help for the info and materials I needed, I still cocked up even following the step by step to the letter.

 

And then- the bit that really riled me - was the new thread started by an admin.. regarding people making mistakes which I thought personally took the proverbial pish- I wasnt very happy reading that.

 

I understand that the site is run by volunteers and such forth and everyone cannot be anywhere so- and this is me offering my time and services to people.

 

If people need help- then they can PM/email me in private and I'll help them out.

Its a scary thing to go through taking a major bank to court - its even more scary when the site thats supposed to be helping people out, takes a long time to help people even though my thread was at the top of the barclays list for a long period as well.. so I am offering my services to people if they need advice and help and even someone to chat to if they need a morale booster with this.

 

So- my offer of help is out there to people who need it.

PM me and my email addy is yours if you need help.

[Bookworm]

Again- the step by step does NOT say anything about the 6 years limit- which needs to be rectified ASAP before anyone falls into that pitfall like myself.

 

With all due respect to you, the FAQ, which is the very first thing we tell people to read when they join, says this:

Q. Can I claim back for more than 6 years?

 

A. Maybe. There is a separate thread on this in this forum.

 

and then 2 threads down:

 

Can I claim back beyond 6 years?

 

So, whereas I may accept that you didn't get answers as soon as you asked, that one can not be laid at the site's feet. Sorry.

 

In the end, this site is about self-empowerment. But thanks for offering to help and encourage others. If it means one more person gets through with it, that's the main thing.

[Dark_Knight]

With all due respect to you, the FAQ, which is the very first thing we tell people to read when they join, says this:

 

and then 2 threads down:

You mean the 1st part where it says: can I claim back more than 6 years-

The answer MAYBE:

Maybe is not good enough- yes or no is what I was looking for.

Maybe says to me, someone does not know the definite answer

 

Then the 2nd thread- fair enough, read through that and its still not a definite yes or no.. AND.. on my thread that I started in april when I started this whole thing- when I cocked up, Bankfodder jumped on the fact that I had gone for 12 years and not 6??? whereas on the thread he started- he didnt give a definite yes or no answer??... as I said.. people need to know a definite yes or no for the 6 years ruling.

 

I would say- dont do it.. just go for the 6 years.

On my defence from barclays it says this:

The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges alleged by the claimant to have been applied to the account between 31 May 1994 and 30 May 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act of 1980.

 

So reading that- you cant claim back more than 6 years.

Thats my advice to everyone claiming.

If Barclays didnt pull up the fact that I've claimed for 12 years instead of 6 then I would say that the 6 years rule was false.. the fact remains they used this in a defence, so I think its correct.

 

 

So, whereas I may accept that you didn't get answers as soon as you asked, that one can not be laid at the site's feet. Sorry.

 

In the end, this site is about self-empowerment. But thanks for offering to help and encourage others. If it means one more person gets through with it, that's the main thing.

I asked for help when my questionaire came through- it took me practically begging for help to get some advice... that is the sites fault and it took a PM to BankFodder to alert him to my distress as well.

 

Self empowerment- very true- however, I find the sites view that we have to dig through a lot of threads to find our own answers laughable seeing as how you are asking for donations but your not giving us the help we need- we have to find it ourselves?

 

However- enough of my griping.

I've kicked barclays ass- which was what I set out to do.

 

So.. I want to help other people do the same.

If anyone wants help- here I am.. just a PM or email away.

[barracad]

You mean the 1st part where it says: can I claim back more than 6 years-

The answer MAYBE

It doesn't say "Maybe", it says "Maybe. There is a seperate thread on this in this forum."

 

Maybe is not good enough- yes or no is what I was looking for.

Maybe says to me, someone does not know the definite answer

It's not as simple as yes or no - if you read the thread you will out more about this.

 

Bankfodder jumped on the fact that I had gone for 12 years and not 6??? whereas on the thread he started- he didnt give a definite yes or no answer??... as I said.. people need to know a definite yes or no for the 6 years ruling.

The advice is to claim for the 6 years in the first instance, then do a second claim for the older charges to avoid jeapordising your main claim.

 

On my defence from barclays it says this:

The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges alleged by the claimant to have been applied to the account between 31 May 1994 and 30 May 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act of 1980.

Your defence probably also stated a lot of other nonsense which wouldn't win their case in court.

 

So.. I want to help other people do the same.

If anyone wants help- here I am.. just a PM or email away.

Alternatively users have the option of reading through the FAQs and other material available on the site, then posting a question on here and getting help and advice from over 45,000 users, rather than sending a PM to a single person who doesn't appear to have read the FAQs.

[freebird]

firstly way to go Dark Knight and congrats on your perseverance. you and every one else who's not giving up...give lots of confidence to us all on here who are persuing the same............

I think enabling and empowering are the two main things that I've seen so far on this site, together with support and encouragement....and I also think that the mods and helpers are being as supportive and informative as they can be. Maybe I'm wrong as I'm only new here too, but I don't think that they are employed, legal professionals or advice workers, but they do give up their time to run this forum the best way they can, and I'm grateful for that.

I'm dyslexic and I struggle with loads of text and get confused with navigating around busy forums, but I have read the FAQ and step by step guidance and I'm doing my best now with my claim......but I have to say that if I do get stuck I'll, "holla" at the top of my voice with a new thread if need be to get some help and I'm sure some one will pick up my thread if I'm stuck.....lets just say, I'd rather be in here with you lot than struggling on my own, thinking it's only me who the bas.....s are bleeding dry...it's comforting to know that so many are on the breadline or below in my case and won't give up the fight......

I have a thread in Lloyds and will keep it up dated, but I'm also doing my best to follow as many others as I can....

kind regards, Freebird x

[Dark_Knight]

It doesn't say "Maybe", it says "Maybe. There is a seperate thread on this in this forum."

 

Interesting- maybe my english is a bit poor then.. when does "maybe" and "maybe. not mean the same thing then? Please enlighten me

 

It's not as simple as yes or no - if you read the thread you will out more about this.

 

So- in that case then, and again, sorry for picking holes in this- but do you personally think its wise to tell people that "MAYBE" or "maybe. if you prefer- that is not as simple as yes or no.. maybe its worth just saying dont try going for the 12 years as barclays clearly spotted it especially with me.

 

Maybe I should ask a solicitor about it just to clear this up- it seems like a bit of a

grey area to me.

 

The advice is to claim for the 6 years in the first instance, then do a second claim for the older charges to avoid jeapordising your main claim.

 

I'll have to look into this further- I dont personally think its correct- I think you can only go as far back as 6 years myself but I'll find out just in case.

 

Your defence probably also stated a lot of other nonsense which wouldn't win their case in court.

 

The rest of the defence was pretty standard and nothing which would have stuck in court basically.

 

Alternatively users have the option of reading through the FAQs and other material available on the site, then posting a question on here and getting help and advice from over 45,000 users, rather than sending a PM to a single person who doesn't appear to have read the FAQs.

 

Yep, users have the ability to check out the FAQ and step by steps as instructed, thats fine- then if they need answers they are expected to sift through a mountain of threads to find a simple answer- which a quick PM should sort out a lot faster I feel, seeing as how posting a reply thread didnt seem to work in my case.

 

I question the 45,000 users comment- it seems as though the 45k members passed by my cries for help then it seems when I needed them most

SO.. again, I offer my services to people who need the help.. rather than ask the moderating team- if I can help people I will on a personal level- rather than them having to dig through thousands of posts to find a simple answer.

[Dark_Knight]

Well theres the confidentiality clause down the pan !

The purpose of dark_knight starting this thread was to let everyone know he had won even though he'd signed a gagging order - which now everyone knows all the details of his original thread - is a bit pointless now....and may well put others off who get caught up in the confidentials clauses letting others know they have won.

 

Are you sure everyone knows my full details of my thread though?

And confidentiality clause or not- people need to know the truth about whats going on.. if it gives people hope and a bit of courage into thinking they can do this as well, then so be it.

 

Whats barclays going to do? Sue me!

[barracad]

Interesting- maybe my english is a bit poor then.. when does "maybe" and "maybe. not mean the same thing then? Please enlighten me

 

I'm not going to argue with you but I am sure anybody reading this can see the difference between the following two sentences:

 

1) "Maybe"

 

2) "Maybe. There is a seperate thread on this in this forum."

 

They are 2 completely different sentences, giving 2 different answers. Obviously you disagree, but I am sure other people can make up their own mind about this and interpret it how they want to.

 

If they feel the thread referred to is ambiguous and they want further clarification they are free to ask about it in their thread and somebody will be able to explain further or point them in the right direction.

[Dark_Knight]

be interesting !

 

hope that money comes in handy (spent it all yet ?)

Funnily enough- my fianceee is busy using it all up planning our honeymoon next june.. aww well.. easy come easy go I suppose!

 

EDIT: Now down to the last £1k - mrs wife to be spent the majority of it yesterday afternoon booking our hol/honeymoon for next june to the US.

[refundmylife]

Have decided to put in my 2 pence worth on this as it keeps coming up in the threads.

 

I too have had many of my questions unanswered. HOWEVER i have then spent more time looking for the answers in the threads. I have found the answers to most if not all of my posted questions (appologies for wasting space with these).

 

I also have to add that the only reason i know i can claim the charges back is due to this site being advertised on TV. Without the letters in the library i would have had NO IDEA what to write to the banks to get them back. It would be cool to know how far DK would have got without these resources. (not to mention the boost all the won claims give you as the banks try to put you off with all their bu!!sh!t)

 

In relation to DK giving less than the 5%, i have one claim for £240 the 5% comes to £12. If i could walk out the door and give £12 to a stranger to recoup £240 i would be out doing it untill i collapsed in the street.

 

Im also quite sure that a solicitor would have been happy to take this on and charge you hand over fist to do YOUR WORK for you. But this site is aimed at HELPING YOU recoup your (edit) cash, NOT doing it for you.

 

Since you have recieved all your money back, it seems to me that you have had all the info you needed (it just meant you had to do a little work for yourself)

 

DK do the right thing and donate the 5%

 

Moderated : Edited …please do not post anything that may be viewed as libelous , this is for the protection of the site.