statment charge omissions

[GaryH]

Yes, both are penalties.

[tracyab1972]

Hi Delphi

 

Im just reading through your thread as I have just made the same blunder yesterday.

 

Im claiming back from Monument aka Barclays and I used the calculator on MSE. Im probably coming across quite thick, but im finding it all a bit confusing.

 

I do think this site is a lot more informative than MSE and shall be sticking to this site in the future.

 

Can you keep me posted on what Barclays reply was to you. Im a bit worried that I have jeopordised my claim by doing it wrongly.

 

Good Luck

 

Tracy

[delphi]

GOT AN OFFER THIS MORNING

 

Thank you Gary,its now included

 

Hello Tracy.From what i have learned here it doesnt make that much difference untill you get to the court stage,however like you say i would exclusivley use this site from now on as the help here could not be better.

 

My charges worked out to be £2425 and thanks to MSE i also asked for £576.99 in stat interest,totaling £3001.99 in my first request to the bank asking for my money back(apparently not the way to do things unless you want to look like an uniformed nerd).I have let the 14 days i gave them go well by and should have been on the ball a lot faster but as i was about to write my LBA i came across this site and realised i had made a mistake(interest request)so decided to put it off for a while untill i had re-learned the proper procedure from this site.

 

Well here goes.I wrote my lba last night(standard you have ignored me one) i was about to personally deliver it to the bank today when i recieved a letter from the bank with an offer of £1770.00.The letter reaads as follows.

 

I am sorry you have had to contact the bank regarding the charging of fees,which you feel have been applied illigally to your account.You have also requested an INTEREST PAYMENT,calculated at the statutory rate.

 

when an account is opened with us our customers are provided with a copy of the terms and conditions relating to the use of thier account; including details of our charges.This information clearly explains our obligations to our customers,as well as thier obligationsto us.

If we make any changes to the terms and conditions,we provide details of these changes to our customers in line with the banking code.Details of our terms and conditions,along with our charging tarrif can be obtained at any of our branches,or via the internet site.

 

Having reviewed the account i can confirm the fees have been applied in accordance with the terms and conditions and whilst it is the customer's responsibilatyto make sure thier account is runin credit or within an agreed overdraft limit,i am able to offer £1770.00 in a full and final settlement of this complaint.If you wish to accept this offer then please complete the enclosed acknowledgment and foreward in the envelope provided,where upon recipt i will be happy to credit the funds to your account.

 

To talk about this further please call customer complaints on 0845 6090806. I will keep your complaint file open for 8 weeks so you have time to consider my response.if i have not heard from you by then i will consider your complaint closed.

 

Our aim is to BLA BLA BLA.............................................................

 

 

I know not to accept this offer as full and final payment,but should accept as partiol payment using a template letter from this site and advise them i will be persuing them for the rest of the balance of the charges (not including interest at this point) . Is there a template, i need it .

 

Can anyone tell me if i should still send my LBA stating that i am dissapointed that you have ignored me and requesting my full list of charges only or would it be advisable to follow a different course now.

 

I would really like to get the interest aswell as they do owe it in my eyes.

(£3000 verses £2425)

 

also i have an £800 overdraft that is maxed out and wonder how this will affect proceedings, wether i should just pay it off and be done and am finding it difficult to open another bank account as i do not have the relevant id but do have two current accounts with barclays, is it likley that they will close both of them or just the one in question, if so i will be able to use the other one as a back up.

 

Thanks again. Power to the people. Delphi ointment fly

[delphi]

Here is my response and wonder if it is ok to send as is ??

 

Template letter removed.

i would be gratefull if someone could tell me if this offer rejection and lba combined will be acceptable.

 

thanks in advance

[Advoc8]

This is satisfactory

[delphi]

removed

[delphi]

I really want the stat interest aswell,can i get it and how do i go about it.Will this affect my claim i f i am to greedy ???

[ladybird17]

So you sent your prelim in February - and presumably they replied with some kind offer, can you tell us what they said?

Also the letter you have posted looks like one from the templates library - you should not be reproducing these on the threads.

[delphi]

Hi ladybird. I have included the wording of thier offer slightly earlier on this page.

 

The letter i posted was a hybrid of the temlate letters (refusal & lba) with the word satisfactorily added and was wondering if it was ok to send before i did. I did not know that they shouldnt be on here.there is no template or explanation that i can find to deal with both of these issues at the same time

[GaryH]

The combined letter is fine Delpi.

 

The reason we ask that users don't post template letters on the forum is so as people can't just come on the site and get access to them without registering first. Its no big deal, there's no harm in posting them up if you need to to check something and then taking it down again when you get an answer.

[ladybird17]

sorry - I was having trouble with the site yesterday - I only got the end of the thread - but didn't realise that at the time, so didn't realise there was more for me to read! But GaryH has answered your question so that's ok.

Good luck anyway!!

[delphi]

Thanks again GaryH will send now. Np ladybird17

[delphi]

HELP NEEDED Barclays bank

 

 

Hi, I am about to send a letter to the bank, its a combined lba and offer rejection

I have just noticed that you can claim for more than 6 years now and dont know what to do because of the stage i am at. If i send my lba now then after 14 days i will be starting court proceedings and this wont be enough time to get the extra years charges breakdown from the bank,so i will not be able to include that in my court papers.

 

I have been offered £1770 out of £2425 requested, was going to accept as a partial payment but this has stumped me as i want to wring thier necks as they do to us.

 

I wonder if i should proceed with the claim for the £2425 as i was and start over for the rest (beyond 6 years) but this will give me a lot more work to do , ie two sets of court papers, or offest my claim and do it all at once which means waiting for probably 40 days for further statments to claim all i can.

 

I am a bit dubious about this as sooner or later some kind of cap will be put on things

 

can i add charges once i have started my court claim (mcol the fastest) for the previous years beyond the six i have started with and will i get the new charges in time to do this, as i feel they will wait for almost the full 40 days

 

or should i send a new request for my statments using the new template and then send a new lba or start from the beggining with request for repayment with ammended charges added and then lba.

 

Will i have to start over (hope not), as i understand it it only really matters about the amount when you file the claim but can i adjust this amount after filed ??

 

What should i do

 

Thanks

 

Delphi

[oneofakind]

I believe that if you start a MCOL claim for a given amount, then change it, you will be charged a non-refundable fee. I'm in a similar situation to you (MCOL due next week, now wondering about older charges, but have no statements)

 

I've requested information going back as far as possible, which I feel I should have been supplied with my DPA info in the first place. If that doesn't come through quickly, I'll probably carry on with my present claim, and follow up with a second claim for older charges.

 

D.;-)

[marley2009]

hi delphi

 

u can open a step account with natwest online, u dont need id just fill in the relevent form online and then they send it out to u to sign, u send back and woo hoo account is open, it has no overdraft facility or cheque book, but u do get a solo card, it took 7 days for me to open an account and get my card.

 

hope this helps u hun, might be a good idea to open it even if u dont intend to use it.

 

amanda

[GaryH]

HELP NEEDED Barclays bank

 

 

Hi, I am about to send a letter to the bank, its a combined lba and offer rejection

I have just noticed that you can claim for more than 6 years now and dont know what to do because of the stage i am at. If i send my lba now then after 14 days i will be starting court proceedings and this wont be enough time to get the extra years charges breakdown from the bank,so i will not be able to include that in my court papers.

 

I have been offered £1770 out of £2425 requested, was going to accept as a partial payment but this has stumped me as i want to wring thier necks as they do to us.

 

I wonder if i should proceed with the claim for the £2425 as i was and start over for the rest (beyond 6 years) but this will give me a lot more work to do , ie two sets of court papers, or offest my claim and do it all at once which means waiting for probably 40 days for further statments to claim all i can.

 

I am a bit dubious about this as sooner or later some kind of cap will be put on things

 

can i add charges once i have started my court claim (mcol the fastest) for the previous years beyond the six i have started with and will i get the new charges in time to do this, as i feel they will wait for almost the full 40 days

 

or should i send a new request for my statments using the new template and then send a new lba or start from the beggining with request for repayment with ammended charges added and then lba.

 

Will i have to start over (hope not), as i understand it it only really matters about the amount when you file the claim but can i adjust this amount after filed ??

 

What should i do

 

Thanks

 

Delphi

I think you might be better off carrying on with this claim as it is - then starting again for the + 6 years charges after this one is finished.

 

1) By the time you get your older statements this claim should almost be over;

2) You'd need to do a bit of research into the limitations issue first - its not quite as simple as just claiming the + 6 years charges, you've also got to make sure you understand upon what basis you are doing so;

3) You can use the reletivly straightforward first claim as 'experiance' if you like, then you'll be much more confident going back the second time around for the slightly more complex + 6 years claim.

 

Also, do not worry about this;

I am a bit dubious about this as sooner or later some kind of cap will be put on things

Dispite what some pink shirted journelists might say on the telly, these charges are unlawful - and they will remain so despite what the OFT report may or may not say. The OFT don't make the law!

[delphi]

Again thank you GaryH

 

Was in a bit of a tizz but that is really good common sense advice.will proceed as advised (bird in the hand and practice makes perfect)

 

Peace of mind at last.

[delphi]

Well after having to wait more than the 14 days after my l.b.a was sent to start court proceedings (due to lack of money), i recieved a letter from the bank this morning reading as follows.

 

I am sorry you are unhappy with our offer of £1770.00 and have requested that we refund all of the charges you have incurred over the last SEVEN years. After careful consideration, i regret that i am unable to agree to your request.

Should you now wish to accept our offer, please sign and return the acceptance form enclosed with our letter of the 4 april 2007. However, if you do not wish to accept this offer and you now intend to start legal proceedings it would appear we are unable to reach an amicable resoloution.

 

They make referance to seven years charges and i wonder if i have to send a revised request with only six years worth of charges (it was six when i started and only dips into the seven by a few months now) or can i just start court proceedings with my claim only including six ?

I dont want to make any mistakes because i really cant afford to lose this and what they have offered would clear my o/d and stop charges every month. On the other hand if i win they would owe me around £3000.00

[Hedgerow]

Hi delphi

 

You should go for the full amount of charges they have taken from you. If you have all your charges listed on statements and can prove it, I see no reason why you wouldn't be able to get it all back. The 6 year limit really only covers what the banks are legally obliged to keep on record when you send off your Data Protection Act request - nothing more.

 

And as GaryH has said, look into the limitations act to know more about where you stand with it.

 

Bankfodder has put a link regarding claiming beyond 6 years and I know for a fact many other people have reclaimed charges from past the 6 year mark.

 

The banks response to your claim looks like pretty standard stuff, they will try to deter you as much as possible from getting your money. TAKE NO NOTICE OF THEM!!!

 

It appears as though they always disagree with claimants requests, its just the process I guess.

 

The courts will soon decide that their actions are unlawful and unfair.

 

I know what I would do if I were in your shoes

 

Good luck

 

Hedgerow

[CAZKATJOE]

Hi delphi,

 

Go for it, if you are not desperate for the money and can wait a couple more months, then go for it.

It seems very daunting at the moment, but you can do it, with all the advise and help on this site, you WILL get your money back.

It is hard i know and very scary but there have been so many success storys lately (including mine, just agreed to settle, 1 month before court date).

Read some other threads hopefully they will give you confidence

Caz:p

[delphi]

Hi. I have just heard about the OFT and am DEVASTATED. I have not had the money to start my court claim until this friday coming, i have just started work and was going to proceed with claim with my first weeks wages.

 

I received this letter worded as follows on the 4 april (more than eight weeks ago and it looks by what they have said that they consider my complaint closed)

 

Here are the important bits. I was asking for £2445.

I am able to offer you £1770 in full and final settlement of this complaint. If you wish to accept this offer then please complete the enclosed and forward it whereupon receipt i will be able to credit funds to your account.

To talk further please call our complaints department. I will keep your file open for 8 weeks so you have time to consider my response. If i have not heard from you by then, i will consider your complaint closed.

 

I responded with a respectful refusal combined with a lba on the 17 april and received a letter back from the bank inviting me to take them to court. So hopefully this means that my complaint will not be closed ?

 

I have just read on another site that all current claims will be suspended until this oft stuff is resolved. I don't really understand what is going on and how it will affect my claim? They will owe me around £3000 with interest but i am now wondering if i should accept their offer or is it too late, or should i still go to court for the full amount and is there any rush now as my first few weeks wages could be spent well on other things.

 

Should i carry on with my claim asap or accept offer ,if possible or wait for oft result and then claim any help would be greatly appreciated and i really need this money. THANK YOU

[dar£n]

carry on regardless,

I doubt they will honour the offer as it was made a while ago now.

 

dont forget its YOUR deadlines not theirs, just cos they claim they will close after 8 weeks does not affect you in any way.

[Hedgerow]

dar£n's right, just carry on with your claim. Pay the court fee and get the ball rolling.

 

The letter you received saying if you have not replied within 8 weeks, again is standard stuff. I received one too and just carried on. You should do the same.

 

It's all part of the delaying tactics banks use.

 

Good luck

 

Hedgerow

[delphi]

hello all, well i am back here again stressing about my claim. I have just heard that the rules claiming under hardship have been more clearly defined and am wondering if i should try to follow my claim through. I just missed out before the waivers kicked in because i could not afford the court fees at the time, i had saved the money only two weeks after it came into effect

I have recently broke my knee badly and have been off work for five months so far, i have had to have a further operation,last week, to re brake my knee and start all over again (due to medical negligence). I was told i could weight bear at 6 weeks instead of the required 12 weeks, therefore the break dropped.

I have now been put on half pay and there is a risk i might loose my job if i cant provide a back to work date, luckily all looks well so far.

Unfortunately i have managed to clear my overdraft and have an account balance of £800 and wonder if that money in my account will show i am not in hardship? should i remove it and let my account dip into overdraft, my partner was going to transfer bills to his account but this will not help my case. I think he should change his address (same bank as me) so it looks like i am living on my own and do a bit of swings and roundabouts with good old fashioned cash. any help or suggestions would be greatly appreciated.

 

 

Here is an extract from an article from mse

 

 

 

When your income isn’t enough to cover reasonable living expenses and/or afford necessary financial commitments such as utilities, rent and council tax or those struggling to repay debts such as mortgage arrears or heavy credit card debts.

Examples of how you may be in hardship include loss of employment, disability, serious illness, imprisonment, relationship breakdown, the death of a partner, starting a lower paid job, parental care leave or starting full time education.

If you have a basic bank account this could help your case, as these are generally intended for those with financial problems.

[slick132]

Hi Delphi,

 

Hardship cannot be ruled out simply because you have a positive a/c balance. With the injury and being put onto half-pay, it would be wise to make a claim under the Hardship rules, rather than wait until it's all gone wrong for you. I don't know if the possible loss of your job can be taken into a/c before it happens.

 

Write to the FOS and ask for your charges claim to be considered as a Hardship case because of your injury and circumstances about your job. Copy the letter to Barclays to confirm your actions and ask them to consider dealing with your charges as a matter of urgency.

 

It would be wrong, and perhaps unwise, to misrepresent your circumstances - see how you get on doing things properly and above-board.

 

I hope your knee is fairing better after the re-set.