M casey V Barclays **WON**

[mark casey]

ok to be clear on this

i sent first request for money back giving 14 days which i calculated to 14 working days, i then sent another leter giving another 14 days i have had no response for first letter and was just wondering if i have mucked up the deadlines or can i now recoupe the mistake i made by removing the 8 days from my calculations. i did not give them a date to reply by just the edited template with the date letter wrote on , so i have in effect sent second letter 4 days later than i should have.Can i now get back on schedule or do i have to play the game the way i started?

[mark casey]

18th oct by my calc as was sent 4th so next wed barclays get whats comming from me in court, now is it beter to file by moneyclaim or to go to the court and hand in all the papers? would be fun to go to court submit papers and then go to barclays and put my cheque from mbna in to my account same day

[Welshman]

Hi. You havn't "mucked things up". What you've done is been extra generous to them. You've probably given them closer to three weeks instead of two to respond to the first letter. Quite frankly, I'm surprised they didn't give some type of response. Did you send a copy of the spreadsheet with the charges on them with each of the letters?

 

I assume that at the end of the first letters' deadline, you then sent the second letter - the LBA. Once again they have 14 calendar (not working) days to give your money back. In the LBA, you give them 14 days so you must stick to that. That alone will bring you back on schedule.

[Welshman]

..

[Welshman]

It's up to you how you file. Timescales are around the same.

[mark casey]

i included a copy of the spreadsheet with both letters so i think they are just burying their head in the ground.

Think i might do it in court as i can get them to check i havent forgotten something , even though i am sure i have done it right it will be good to have it double checked by someone who knows exactly what needs to be included .yes i have read and re read all the posts and faqs ect just want no way of barclays to get out of it

[Welshman]

Good for you. If you have been following the tried and tested procedure, you'll be fine. Out of interest, did you send the letters by recorded delivery?

[mark casey]

no i sent it to the edinburg address instead of the other leicester but used leicester

address on the acual letters so will have to see what comes of it as i know leicester is customer services and edingburg is head office.

[Welshman]

no i sent it to the edinburg address instead of the other leicester but used leicester

address on the acual letters so will have to see what comes of it as i know leicester is customer services and edingburg is head office.

 

edinburg? Sorry, I don't know this place. Where did you get that information?

[Bookworm]

Barclays HO in Edinburgh? Ah no, not last time I checked.... :-?

 

Barclay's HO is Churchill Place in London EC1.

[Welshman]

I mentioned earlier that I was surprised you had not heard a thing from Barclays. This may be the reason. They probably have not received your letters. Looks like you will have to start again with the prelim letter.

[Bookworm]

And this time, send it to your branch, there can be no confusion.

[mark casey]

i got the edingburg address form the site that looks up company head offices

never mind shall i start all over again and hand letters to bank in croydon ? would be fun to do it that way and also ask for recipt from cashier or even personal banker people?

[mark casey]

just ordered the lables and will use them on second request just to let them know i got you guys behind me .

Just a thought should i address the letter to the COE of barclays or managing director, or not to anyone in particular?

[mark casey]

something very intersting just occured to me

now thanks to looking at bookworms thread i was curiouse when they started charging penalty charges. well i found that they used to call it overdraft usage and charged £5 for each mounth it was used. Now i do not remeber having to sign anything changing my T&C the following month when they started calling it unauthorised overdaft and charged £20. Now what would a lawer make of this, did they just get gready and pull the rug from under us , as i know if i was informed that i would have to pay £20 each time i was overdrawn i would have tried to arrange an overdarft with lower rates

[ashtont]

Hi, just reading your posts, i sent my court claim to barclays, they have until 16th October to reply, ive just got a letter this morning saying that they will still offer me the £700 as full and final settlement (yer right) and that they acknowledge i am pursuing rest through court - this is where i panick, my mate who is our local oracle has never got this far so im not sure what to do? I need to get reading the librarys.

[mark casey]

just found another charge to add on thanks to looking into bookworms thread and now have decided to give them 7 days per each request ie rquest then 7 days before Action anyone think this too agresive for Barclays or just what they deserve?

[mark casey]

This time I have posted it Recorded cost me £1 i think the lady in post office was having a laugh as i asked for the free one , nevermind i will add it to cost if it gets to court:p. I asked in bank if they could give me a recipt if i handed letter to them , but they said they had no way of doing one , but could write something on headed paper. I said no I will pst recorded as I want to make sure that in no way could they blame staff who wrote recipt for loosing documents in internal post .

also if anyone has had any stalling tactics used on them by barclays i would be more than willing to use when it gets to court stage to give to judge to see what they are palying at:D

[mark casey]

I got my stickers today so now the bank will know whats in the letter before they open it and who I got the info from:D, now that will be good to hand into branch but will send LBA with sticker and also registered again (after all its just more cost to add to claim , I hope:-?)

[mark casey]

I think i need a bit of advice here as I have just realised that I calculated my charges back for 7 years ( but thats barclays fault as they sent me 7 years of statments when ia sked for 6) does anyone think that i will get this or will barclays just contest it( i would like to keep it on and see what happens as would be good to get everyone going back an extra year or two as test cases

[victimnomore]

To claim for earlier charges?

 

1) Take them out since the Limitations Act 1980 says you can only claim back six years. Barclays and of course the courts are well aware of this.

 

or .. ..

 

2) Leave them in since you can argue that "deliberate concealment" by Barclays overides the Limitations act (under section 32 of the Act), and since morally it's your money. Why should they be able to hide behind a technicality?

 

I would be tempted to claim for the earlier amounts - you can always take them out later as an act of "reasonableness". (Then start up another claim at a later date???)

 

By the way - a test case would need to be set in a higher court.

[mark casey]

Thanks for the advice i will leave them in and see what happens like your suggestion No 2

[mark casey]

I recieved my reply today and they offer £660 and they think i am stupid enough to accept that do they?

well no way .

next step LBA but should i phone Alison Follett and tell her i will accept the £660 as partial payment or just send Lba and add it to letter

any suggestion as next step would be helpfull

[Welshman]

No, don't 'phone them, keep it all in writing. You can put all correspondence which is not marked "without prejudice" in your court bundle later.

[mark casey]

My reply says "whithout any admission of liabllity," is this the admissible in court as no mention of "without prejudice "

also letter has me thrown a bit as i have sent a request on 11/09/06 to wrong address maybee

also one on 20/09/06 possible to wrong address

also one on 25/10/06 to head office

the reply says

refer to our letter 25 september and I have no idea what letter they are refering to as i didnt send one then and also i didnt recieve one then either

shall i just send the rejection letter in forum and amend the details to more relvent to me

and if i do ammend will anyone proff read for me ?