red71 v Barclays Please help!***WON***

[red71]

Hi I have just registered to the site . I received a reply from Barclays today after sending a letter requesting refund of charges. I received template of letter from person at work who had recieved half his charges back. After reading info on site Re: DPA letter from bank and not requesting one just wondered if I needed this before I sent letter? Will it affect the claim not doing so. Can anyone let me know. Thanks

[Welshman]

Hi and welcome.

You really need to read the FAQ's and the step-by-step instructions.

So, are you saying that you've sent a copy of the S.A.R. letter to your bank?

[red71]

Sorry don't know if it was, just a request for repayment of charges I have just looked at the template again and above the request letter it also has a DPA disclosure request, I didn't send this as I had already requested statements from my branch. The letter from barclays states they are sorry I had to contact them about the level of service I have recieved and that they are looking into my concerns and will let me have an answer or update quickly as poss, but no later than 20 Dec, I only sent the letter away last weekend. Thanks

[Welshman]

OK. I know where you're at now.

 

I would still send the S.A.R. It contains requests that they disclose whether or not there was any manual intervention involved in your charges. Anyway, it gives you another lot of statements which will come in handy later in the claim.

 

If the Prelim letter that was sent was from this site, then it would have given them 14 days to give you your money back. Once that's over send the LBA (Letter Before Action) which gives them another 14 days.

 

Now you need to click on the links I gave you in my first reply to read and digest the information. Also look at the longer threads, such as mine, which show the obstacles they tend to put in your way.

[red71]

Hi wonder if anyone can help sent letter to barclays requesting charges refunded, got reply stating they would give me an answer or update as quickly as poss, but no later than 20th Dec, postie has been this morning and no letter from barclays, is there a template of a letter I can send to them or where do I go from here.

Thanks

[sandbag]

Hi red - so you have yours statements an you have worked out what they owe you and you have sent the letter asking for it back?

i believe you should now send the letter before action found in the bank templates library.

Hope that helps

Regards Sandbag.

[red71]

Hi Sandbag - Just typed up template looks at lot like the first letter I sent requesting refund I also realised that I did'nt send a copy of schedule of charges with first letter (ooops) Does that mean I need to copy the bank statements showing the charges. (I think I am really out of my depths here God help me if I have to takee this all the way!)

Thanks

[sandbag]

Hi red - you need to send a copy of your charges that you have put on spreadsheetto a spreadsheet.

 

 

England - Simple - Excel -spreadsheet link - hope this link works - if not its in the templates library. Don't claim interest until you file a claim at court.

 

Hope that helps

regards

sandbag.

[red71]

Hi received letter from Barclays on 21st Dec day later than they said they would reply by(xmas give them the benefit of the doubt) anyway in letter they offered £1,000 in full and final settlement, they owe £3413.07. This offer was made after sending first letter (Request for repayment of charges) so do I now send LBA accepting sum as part settlement? can anyone help? I will try and read thru FAQ as well

Thanks:?:

[Guest ian cognito]

Just amend the LBA letter to accept the £1000 as part settlement and continue with your timetable.

 

Good luck

[chorlton1]

Time to send them the LBA letter ammended to accept the £1k as partial payment without prejudice.

There is a template letter for this somewhere on CAG in the templates bit - think its called "rejection of settlement" or something similar - if you can't find it just PM am a Moderator.

hope that helps - am a couple of weeks behind you on Barclays for a similar amount so intrigued by how you get on!

Cheers

[chorlton1]

Janquinny is a faster typist than I am!!

[red71]

Hi Chorlton1 I'm getting a bit confused as the LBA is like the request for payment letter I sent the bank I found the rejection of settlement template which states in it that the LBA sent previously (which I have not sent previously) so which letter do I send. The 1 below is the 1st & only letter I sent I changed the 1st para about declining offer. Do I send this 1.I hope i'm not confusing u (I am REALLY confused?)

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

etc etc

Thanks again

[chorlton1]

Just to clarify, I think the letters you have sent (so far) are:

1) the S.A.R.

2) the Prelim (which is the first request for repayment)

If that is the case, as a result of your prelim letter they are now saying they will pay you £1k part of your claim of £3k+......

 

Depending on how long they took to respond you may choose to ignore the partial settlement offer and just include the first 2 paragraphs of the letter below at the start of your LBA (overwrite the "I am very disappointed that you failed....etc)

 

 

However, you may find it simpler to send out the rejection of settlement letter as below, and then follow it up a day or so later with the LBA (but again amend the 1st line to acknowledge their offer of partial settlement and your letter rejecting the same/accepting it as partial settlement only)

 

Doesnt matter if you say essentially the same thing in 2 letters as long as you don't contradict yourself!!

 

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My previous letter indicates that you have until xx/xx/xx before I begin a claim against you. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

If that has confused you even more or you need any more help would suggest you PM a Mod and they will look after you!

 

Good luck

[red71]

Hi Chorlton 1 hope you had a good xmas, with regards to sending LBA do I need to send a spreadsheet of charges with letter. Also do I send the banks templated letter they sent to me to sign if accepting (partial payment)the 1k they offered

[red71]

Hi wondering if anyone can help, about to send LBA can you let me know if I need to send schedule of charges and if so, is it the spreadsheet that I send (sorry if thats a daft question). Also do I send the templated acceptance letter barclays sent with the ridiculous offer of 1k(my charges are 3413.07 before interest) with the LBA or send it seperately or do I need to send that back at all.

Thanks

red71

Happy new year

[chorlton1]

Happy New Year to you!

 

Yes, I would attach the spreadsheet to the LBA but as you are not accepting their settlement offer then you have no reason to sign their letter.

 

However, it does appear that lots of banks incl. Barclays are, at the stage stage you are at, pulling the 1k offer so you may not get that in your account. If you are banking (excuse the pun!!) on it be aware that by rejecting their offer of settlement you may have to wait until the "few days before you go to court" stage before you get the charges back.

 

Cheers

C

[red71]

hi chorlton 1, do I include the spreadsheet that calculates the 8% interest there was a few spreadsheets on templated page. I included int charges on pelim letter that was listed on statements is that seperate from 8% interest

Sorry to be a pain, thanks red71(I'm beginning to think it'll b easier to take 1k and run although i don't really want to)

[chorlton1]

No, the 8% should be left for the claim stage (although no harm in showing it on the spreadsheet as they will know you know what happens next!). Just state the actual amount of charges on the LBA excl. interest.

 

I understand completely what you say about taking the money and running - I did the same on one claim and didnt regret it for 1 second and I pursued another until it was 2 weeks away from a court hearing and didnt regret that either - my circumstances and financial needs were different in each case.

 

On the partial settlement I accepted, I did say in my acceptance letter that I reserved the right to make a new claim should a ruling be made in law that demonstrates the charges are unlawful, and I didnt sign the letter they asked me to - It was a while ago though and I think the banks and cc companies are a bit more clued up now.

 

It really is up to you. The flip side is the bank is relying on you thinking that its easier to stop now so its a bit like playing "deal or no deal" (except experiences from this website and others like it imply that in every case to date the maximum amount is always in your box at the end of the game!)

 

If you settle now, you have a grand in your pocket that you probably didnt expect to have a few months ago - if you carry on you probably have more in your pocket but it may take a few months - EITHER WAY YOU WIN!!!!

 

Whatever you decide it will be the correct thing for you, and that's what matters

[Guest ian cognito]

so its a bit like playing "deal or no deal" (except experiences from this website and others like it imply that in every case to date the maximum amount is always in your box at the end of the game!)

 

Love this!!

[chorlton1]

And of course the banker always loses in our version of the game!

[red71]

sorry to keep going on Chorlton1 but, I know I send of the LBA but what do I do with the reply slip I got with their letter about accepting the money do I send it with the LBA unsigned???????or seperately

Thanks red71

[dickeggsy]

chuck it in the bin.

that's what i did.lol

good luck:)

[red71]

thanks dickeggsy so I take it you don't need to keep it for future reference i.e court bundle (even tho I havnt got that far yet)!

[red71]

I am now trying to get my head around the spreadsheet NOT A CLUE how to calculate on spreadsheet (do I really need to include DAYS SINCE OFFENCE that is on spreadsheet) might just use the old calculator