Blueskies v Barclays - **WON**

[Don Quioxte]

i reckon you just go in with the prelim letter attempting to recover the lot.. see what offer they come backwith if any..

 

at the end of the day it's upto them to prove and justify reasonable administrative costs (whether £5 or £50).. and to be honest the way I read the OFT report - it is unlikely that a court would consider awarding "general damages" to the bank for the administrative costs incurred due to your breaches of contract because they are too remote i.e too hard to quantify and prove... so theoretically any charge is unlawful?

 

good luck..

[Don Quioxte]

Weak blueskies weak...

 

they have had ample time to at least acknowledge your letter even if it was unlikely to be to your satisfaction... would suggest you prepare a nice, succinct letter before action and post it over the weekend (either way it is not going to reach them till Monday at the earliest... keep the momentum up..

 

Your claim, your money, your deadlines... either way it is fast nearing the point of no return for Barclays!!

[Don Quioxte]

Blueskies what are you doing?!?

 

Where has the last month gone?

 

You were at LBA last time I posted. Now a month later and you are posting about letters you have received, and how you are going to give them another 14 days to respond.

 

respond to what?

 

They are not going to respond in the manner that you desire until you show them that you mena business. Just file against them tomorrow in the county court for the £1500.

 

No more telephone. No more letters. No more months passing without action. Just do it. The letters you refer to, and responses, are standard FSA requirements with regards dealing with complaints. They will use all eight weeks to "deal" with your complaint, and even then it will not be resolved to your satisfaction.

 

I am amazed to be reading your post, more than a month later? What is going on?

 

If you want specific help then PM me. Otherwise just get on and file against them.

[Don Quioxte]

Have not sent LBA yet, is this a legal requirement before making a legal claim on moneyclaim?.

 

Sorry to hear about your dad. wish him well.

 

The LBA is a requirement suffice that it will demonstrate to the court that you have attempted to maintain communication and resolve the issue without it reaching litigation.

 

The fact that Barclays are attempting to negotiate with you, but are protracting proceedings and taking this long to resolve the issue to your satisfaction would suggest to me that you could threaten Barclays with moneyclaim within seven days unless they respond positively.

 

My plan of action would be to telephone Mr Voller tomorrow and say that you accept the £730 in lieu of the outstanding balance, and that they can credit that to your account immediately. Make it absolutely clear that with respect to the outstanding balance you fully intend to file against Barclays 7 days from tomorrow. Have your LBA ready to post and Fax to Mr Voller following your phone call. Explain that they have had more than sufficient time to enter into sincere dialougue with you regarding this matter, clearly they do not intend to respond in the manner that you indicated in your prelim letter, and therefore you have no alternative but to pursue a claim against Barclays for the outstanding balance via the small claims track.

 

You may be pleasantly suprised by the response you get to a succinct, direct, to the point phone call followed up with a faxed and posted LBA. I wouldn't be suprised if they come back and settle for the full amount prior to the seven days.

 

Feel free to PM me a copy of your LBA if you want a second opinion prior to tomorrow. I faxed my LBA giving HSBC seven days after they had protracted my complaint/claim - I got a phone call the next day admitting no liability, but offering full settlement (this was from "bog-off" to "£1200" in 24 hours). If you demonstrate that you know what you are doing, you understand due process, and you won't stand for being messed around, they usually pull their finger out.

[Don Quioxte]

PM me as before Blue and I will endeavour to get back to you 2moro AM.. so you can post before close of business tomorrow?

[Don Quioxte]

re-read my thread... as well as the latter parts of the Keith Jeremiah thread... just to give you some re-assurance, copies of the defence, and possible startegies from here.