The Story of my Barclays claim: March 2006

[Liam22]

Dear all,

 

I thought I would share my progress so far.

 

I wrote to them on 13th March 2006, requesting £190 plus £39.33 interest. I was called back on 20th by a lady from the Customer Relations saying I would hear from them by the end of the week. She also gave me a direct number. I received a letter on 23rd March stating my claim was for £190. They stated they did not agree with my legal analysis, but were prepared to offer me £100. I spoke to her the next day and said I could not accept the offer, and would be sending a letter before claim. I have sent the letter before claim, and a letter to the contact in the customer relations department restating my position, and suggesting they credit the £100 to my account as an interim payment.

 

In my letter before claim I have costed the time I have spent on this matter at £25 an hour. I have given them a full schedule of the time I have spent, and what I have done with it. I am therefore now also claiming an extra £170 from them. Perhaps this will speed them up.

 

I think that £25 per hour is a reasonble fee, and will be upheld by the court if we get there. I subdivide each hour into ten six minute units. I round up time spent to the nearest sixth minute, ie, 6,12,24,30,etc.

 

Subdividing hours into tenths is a generally accepted way of worlking out your costs. I have charged them for time spent researching the legal position, time drafting the letters, and time spent on the phone to them. Try going through old mobile bills and see if you have spent time on phone arguing with them in the past. Claim for this as well in your initial letter.

 

I haven't had the result I wanted so far, but they have dealt with it promptly.

 

I will let you know how things progress.

 

In addition, I had another charge on my account the other day. I attempted to get it refunded, but was unsucessful. In the course of my discussion with a lady in the 'complex claims centre', I pointed out that the banks had not won a single case on this issue. She said the reason for this was that it was cheaper for the banks to settle. I said I did not believe this, as if this was the case they would never pursue anyone for defaults on loans and overdrafts. Seeing as there was a settlement for two grand in news last week, I asked her if she was seriously telling me they would not pursue debts below two grand because they couldn't be bothered. If this was the case there would be a bonanza for all. I advised her to speak to the person who provided her with her lines and stock answers because what they were telling her was not accurate.

[Neo]

Please let us know what happens with time spent charges... I don't know what the banks would sya to this? It is manual intervention in a way? lol

[Liam22]

I have just realised, as my claim is for a relatively small amount, I will not be able to claim my costs (if it goes to court), as it will be dealt with in the small claims track. In small claims the only costs recoverable will be the fee for me making the claim, and my reasonable travel costs.

 

At any rate, they seem to have such a poor grasp on the law they may not even realise this, and theres no harm in asking, so they can see how much hassle this is causing me.

[viking58]

There was a recent complaint highlighted in the Independent where someone had claimed £20 per hour and was advised that even that was too much to ask for as it was 4 times the minimum hourly rate. I believe even the Ombudsman only suggests £10/hour. By all means charge for your time but dont push it too much as you might get knocked back.

[apollo69]

yep, the FOS do say only £10 per hr max for time spent.

[Liam22]

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