Better late than never !! ****WON****

[jotty]

For various reasons I have had to delay taking final action to get my money back, I sent my first prelim letter to Barclays back in August last year and followed the various stages until the LBA point in early October. My claim then was for £5000 (mainly to keep under the limit), however because of personal problems I had to delay until now any further action.

 

Just to ensure I was right I have this week sent Barclays a final LBA letter and schedule but this time for the full amount which is over £6500, as they have continued to charge me since the initial contact. I had an offer as usual back in Oct of £1000 which I rejected.

 

My questions are:-

 

Could I be criticised for the delay

 

Am I safe to claim the full amount plus interest in one go and thus enter fast track

 

I have given them 14 days to respond- does this seem the norm.

 

Thanks to all for the support and advice.

[Michael Browne]

Could I be criticised for the delay

No

Am I safe to claim the full amount plus interest in one go and thus enter fast track

You can still argue for small claims at allocation

I have given them 14 days to respond- does this seem the norm.

That's fine.

[jotty]

Thanks I will keep you all posted.

 

Saw the Tonight programme and it metions the OFT report in March, does this mean I could be offered only partial compen, ie diff between proposed £12 and what I was actually charged.?

[Guest ian cognito]

They will probably try to pay you the difference but the fact is their charges must refect their costs so until they disclose their costs, the whole charge remains unlawful.

 

Stick with it and you will get your full charges back

 

Good luck!

[Michael Browne]

Saw the Tonight programme and it metions the OFT report in March, does this mean I could be offered only partial compen, ie diff between proposed £12 and what I was actually charged.?

It'll probably become the banks standard response. But that doesn't mean you have to accept it. Any OFT ruling does not alter the law.

[dar£n]

offered only partial compen, ie diff between proposed £12 and what I was actually charged

This will be Barclays latest weapon to delay payment.

[jotty]

Having heard nothing from Barclays, I have issued my MCOL for £6900, the battle now will be to keep it away from Fast Track although am I wrong to worry.

[Trucker]

I have got a sneeky feeling that the banks will take someone on when and if the charges are lowered to £12

[Guest ian cognito]

If you are referring to the OFT report and they do the same as they did with the CC one, the charges will not be lowered, that £12 is the point at which the OFT will interevene, the penalties must still reflect their costs and until they do, they will be taking on no-one in court.

[jotty]

I really wish they would, for many of us it is money we would not have had but for the hard work of people onhere. I for one would be more than happy to stand toe to toe with a Barrister. (over the years I have met and dealt with more bad than good).

[jotty]

Barclays very kindly acknowledged the MCOL today, the 14th day, so only another 28 days to the next stage. What can I expect in between if anything.

 

Oh and I am now waiting to see if the buggers call in my overdraft.

[jotty]

Good news on this one, Barclays should have entered a defence by the 11th of April and didn't. So I requested Judgement by Default but didn't really expect it.

This morning I checked MCOL and the Judgement has been issued in my favour so I can now proceed with warrants etc.

 

I have e-mailed Barclays and told them I want a resolution by end of trading today.

 

This seems to easy or am I being paranoid.

[dar£n]

hmmm, yes, but sometimes it does happen,

 

but bear in mind, Barclays may STILL enter their intention to defend, some nearly a week after the deadline.

 

so you MAY get a letter saying its going to continue.

[jotty]

Need a bit of help on this now please, as said a Judgement was entered against Barclays on the 12th of April as they failed to submit a defence.

Its now the 17th and still no response, I know they can still submit a defence late and ask for a set aside but how long after can this be done. Surely a week is long enough.

 

I dont want to get all giddy on this now as I'm so close.

 

What should I do?

 

Anyone pleeeeeze!

 

After ringing the litigation office on Thursday to tell them about the judgement and then faxing the notice I have recived a letter this morning offering me

THE FULL AMOUNT £7200 !!!!!!!!

 

I have to agree to a voluntary stay of execution, and not to claim costs.

 

Thanks to all on here I will donate when the money is paid in.

[dar£n]

Blimey thats one hell of a result.

 

CONGRATULATIONS...

[jotty]

Thanks Darren can you mark as Won please, I got the impression that they are getting swamped and as a result are missing one or two deadlines. I do feel for the staff in litigation as they have athankless job, so I am off to buy some champers and book that holiday we have been promising ourselves for 18 months.

 

Anyone needs advice I am here.

[lthomp192]

Blimey thats one hell of a result.

 

CONGRATULATIONS...

 

WELL DONE YOU.

As you say dar3n, that is out of the norm, but is a good sign,maybe they are starting to twig stallings costing them extra monies????

[dar£n]

I really wish I could do that for you but it has to be done by the big boys, try

Bankfodder

[jotty]

Just something I forgot, the lady I spoke to at MCOL did comment that the Judges where getting a bit fed up of stalling tactics and in my case excuses such as 'admin error'. Now I'm not sure if Barclays tried to have the judgement set aside but wouldn't be surprised if they had been advised not to keep asking the courts again and again for these things.

 

p.s tried to pm Bankfodder but his message box is full

[dar£n]

Ithompy, I wish it was, I think its more like 'one slipped through the net' as it was won by judgement cos they missed the defence deadline.

 

but it could be theyve realised and just letting it go, we can but hope i suppose, but then if they make it that easy, they will be swamped by EVERY customer who gets wind of it.

 

The only hope they have at the moment is some will bottle out afraid of the big bad courtroom.

[dar£n]

Just something I forgot, the lady I spoke to at MCOL did comment that the Judges where getting a bit fed up of stalling tactics and in my case excuses such as 'admin error'. Now I'm not sure if Barclays tried to have the judgement set aside but wouldn't be surprised if they had been advised not to keep asking the courts again and again for these things.

BLOODY EXCELLENT!!!!!!

[jotty]

As you will know I won back £7200 from Barclays a couple of weeks ago, so just after I called into my branch as I had not received a cheque book and had no cash card to withdraw the money they had kindly given me.

I had the usual 20 min chat with a lad no older than my son, I couldn't get a full connect card he said but he would order an electron card and cheque book which I would get in 3 days.

 

So I waited and waited after 8 day no sign so I rang them (Indian call centre) and got absolutley nowhere. Now being very very annoyed I found a number on her for the complaints dept at Chuchill Place, got though straight away to a lovely lady who knew everything I needed to know (how rare is that these days), she could find no trace of my 20 min chat at the branch but did say that Barclays hold a 'ghost' file on most customers which overides the info held in the branch. She did say that it was on record about my claim and that it was in effect strangling my account thus preventing things such as card and cheque issuing.

 

She was very apologetic, took a complaint direct from me about the initial contact, and ordered a new Connect card etc.

 

So moral is once you have won it may be worth giving them a ring just to check if your acccount is working fine.

 

Once again thanks to you all

 

:grin:

[jotty]

3 weeks before Xmas I made a genuine cock up with transfering money from my savings account into my Barclays current account which resulted in me being over my o/d limit, on realising I immedialtely dropped a letter off at my branch explaining in great detail what I would be doing, briefly both our wages would be paid in within 5 days to cover this issue. I got no repsonse to this but within 24 hrs the nice people had cancelled all mu d/d etc and asked for the return of my cheque book and debit card-3 weeks before xmas remember.

 

This caused us some grief so I sat down and had a look at our account. In the last 12 months we had incurred no charges no bounced cheques and had kept within our limit but had succesfully back in March got £7000 back from them in charges.

 

I rang the complaints dept who had me feeling like a naughty boy at school and then refused to reconsider their action saying that as I had gone over my limit I had breached my agreement and that I could not have my card back as it was their property. I did ask how we could withdraw our wages over Xmas and was told this could be done at any branch etc (does xmas not have bank holidays).

 

I am now in the position of finding a new account and trying to fend off all the people I have missed a payment with because of the action, oh and they have charged me since then again for a couple of d/d which where still active.

 

Sorry to go on but they really p**s me off so does anyone have any advice on a response or should I just let it go.

 

:?

[Bookworm]

You could complain to the FOS pointing out that you feel those actions were retaliatory in nature and over the top in essence, especially as you had advised them of your mistake and were trying to act responsibly.

 

Best case scenario, you get some compo and they get charged for being investigated. Worse case scenario, you get nothing... But they STILL get charged for being investigated.

[slick132]

Hi Jotty,

 

Have you been in to discuss this in your branch - you should be able to guage quickly if they're willing to help or not - ie. keep the a/c(s) open.

 

If they are not helpful, you need to focus on getting a new a/c open elsewhere quickly so you can set up new DD's, etc.

 

Prioritise the payments that you deal with (mortgage, Council Tax, etc) to ensure they get paid manually. If there may be a delay in paying the important debts, let them know beforehand.

 

If Barclays ARE intent on closing your a/c(s), you can do as Bookie says, report them and seek comp'n. However, focus first on ensuring this doesn't lead to your credit rating being damaged by late DD's and SO's.

 

Hope you can sort this, Slick