Lem vs Barclays

[lembas]

I have launched claims in relation to two business accounts seperately against Barclays. On the first account I sent out my letter before action on 3rd April giving them 14 days to respond. Within this period I recieved a letter from them saying that they would be unable to deal with my complaint by this date but would reply by 12th June. I subsequently recieved an offer 'of £3110 towards the total amount you are seeking - as a gesture of goodwill - in full and final settlement' (the total claim on this first account is £5138) Enclosed was a form to be signed if the offer is acceptable.

I visited the template for the next letter to be sent in such circumstances but am a bit worried about the date I gave them having lapsed, do I have to write again to re-instate a deadline or is it acceptable just to act on their response and take the next step even though more than 14 days have lapsed?

 

Finally, once this has reached its conclusion, can I start again on another claim to recover what has been charged since I started this one or should I keep adding these amounts on to the current claim so the amount requested is up to date rather than fixed at the total on the date of my first correspondance?

Many Thanks

[Bookworm]

It doesn't matter, tbh, as they will withdraw the offer, so send the thanks, but no thanks letter and carry on.

 

You can add to the amounts right up to when you file your claim, after that, any amendment will cost you £35 (non recoverable). When it comes to settlement, in a few months time, make sure you have the up to date list of charges, and see if they will add these to settlement. They said no to me a few months back (hence my 2nd claim), but I just read a thread where they said yes. Worth a shot anyway. If they say no, then just start a new claim.

 

Meanwhile, remember that your is a business account, so make sure you use the business templates, not customer.

[lembas]

Thanks Bookworm.

2 queries - what is tbh?

and, I can't seem to find a business template could you point me in the right direction.

[mollyjacks16]

Help I have made a silly error, my claim has been acknowledged by Barclays. However, I realise I have just claimed one lot of 8" interest and have not done it yearly. Will this be a big problem.

 

Hope someone can help as am getting pretty scared.

[lembas]

Sorry to be a numpty, I keep thinking of other queries.

If my claim for penalties goes over the £5000 mark with the addition of the overdraft interest and will certainly go ove it the 8% is added were it to go to court do I trim it down or what are the options for claims over 5k. I know I have read about this before but can't seem to find my way back to the relevant section now I need to revise.

Thanks:rolleyes:

[Bookworm]

TBH = To Be Honest.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html

 

As for the 5k limit, don't worry about it, and claim the lot. The judge could still allocate to small claims, and you can ask for that when you fill in your AQ. Even if allocated to a different track, it means standard disclosure, and the banks don't like that.

 

As for not finding things, keep this link somewhere handy:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

It is VERY useful.

[lembas]

OK I have prepared my letter in rejection of the offer made. However, in light of your reply, I discovered that I did, in fact, initially send the consumer letter rather than the business version of the template. Now that they have acknowledged my claim do I need to take any action to correct this mistake. For example, should I include the relevant paragraph about 'justification of charges' and 'contrary to statute' within the rejection letter I am about to send just to cover myself?

 

Many Thanks

[BankFodder]

I understand that you have received a deadline from Barclays and they have said that they will close their file if you do not respond within their timescale.

 

Who are Barclays to impose timescales on you for the return of your own money? consumer forums

consumerforums

Why do you allow yourself to be dominated in this way - particularly by Barclays who the BBC recently found were infested by a bullying culture of dishonesty.

 

Haven't you realised that it is you who calls the shots here?

Are you French?

[lembas]

Thanks for getting back to me. Yes, you are right, I should not allow them to impose deadlines on me but on the other hand I am also keen to get things moving as quickly as possible. I wondered therefore if you had any thoughts on my query posted above about whether I should amend my letter before action to include some of the statements made in the business template as I have inadvertently sent the wrong letter previously for a business account.

No I am not French! sorry.

[Bookworm]

Ignore him, he doesn't like the French and he's baiting me. (*I* am French )

 

Don't worry about the letters now, just send the next one with the correct template, the most important thing is you get it right when you file your claim, that's when it will be important to get the right statutes.

 

Carry on. ;-)

[Boba Fett]

Ignore him, he doesn't like the French and he's baiting me. (*I* am French )

 

Don't worry about the letters now, just send the next one with the correct template, the most important thing is you get it right when you file your claim, that's when it will be important to get the right statutes.

 

Carry on. ;-)

 

Does ANYONE like the French! :grin: ((Apart from Bookworm, who we all love!))

[lembas]

About to take the next step with my claim and initiate court proceedings. Unfortunately, I have recieved my bank statements for last week and see that Barclays have applied £1602.80 in charges over my 2 business accounts for the last quarter. I don't know if my business can survive until I get the charges back as I have no way of paying my suppliers now these charges have taken me £1000 over my overdraft limit as I suppose they will now start refusing payments. I have asked them for a breakdown of the charges but am left feeling a bit desperate. I know that no one at the end of my thread can do anything but I just wanted a moan.

[saintly_1]

As you havent filed at court yet these new charges can be added to your claim ..... wish there was more we could do but all we can offer is support and an ear/eye to moan to

[lembas]

Did anyone see the article in the Independent on 23rd June saying not to take your bank to court but to submit the details to the Financial Ombudsman instead to speed up the process and save the court costs. Apparently none of the cases submitted to the ombudsman have been rejected because the banks are petrified of the ombudsman making a formal decision against them.

What is CAG's view on this option as I am just about to prepare a court submission?

[lembas]

OK, HELP, I NEED SOME ADVICE

I am pursuing a claim for around £7000 in charges over 2 business accounts with Barclays. I admit that the accounts have been badly run, I had a baby and it all went downhill from there on because I approached the bank to say that I would physically not be able to make deposits for a few months and could I increase my overdraft for a few months to cover the difficult time. They came back and said no, so I incurred the charges for that period and have never caught up since because it has taken the next quarter to recover sufficient profits to pay for the previous quarters charges and the whole thing has become a downward spiral.

HOWEVER, after charges of £1600 hitting my accounts last week I telephoned my business advisor and he asked if I was prepared to accept the offer of £3100 that was on the table against these charges as a full and final offer and it would also mean that in accepting their offer I would relinquish the right to claim against any future charges on the account. I said no and he said that he would discuss it with the department who dealt with these matters to see if anything further could be done. I also asked him for a breakdown of these charges as none had been recieved he said he would send this but has not. Today he called me to say he was issuing a notice of closure on both accounts with effect of a month from today and the full overdrafts on both accounts would have to be repaid and all direct debits and standing orders would obviously be cancelled.

He smugly told me that having discussed our appalling track record with his colleagues he had made a decision that he could not let us continue operating the accounts in this way. He then said that we would have to get ourselves organised and run our businesses on a cash basis as no other bank would allow us to open accounts with the state of the six months of statements required so be shown. Luckily, I was able to say that we already had alternative banking in place. (THANK YOU CAG FOR THE ADVICE TO OPEN A PARACHUTE ACCOUNT BEFORE STARTING THIS PROCESS)

Anyway, I seem to remember reading on the site that the bank might take this action and that it was also illegal. Does it matter that he is pinning the reason on the way we have operated the accounts and not that it is because we are pursueing a claim.

Will this affect our credit rating and if the bank issue a notice of closure against us what are the implications for the future, is this different to a default notice? Is this something that we have to request the court to have removed from our records?

Also, can anyone tell me what are the timeframes involved in the court proceedings as although I told Barclays I would commence procedings last Friday if I didn't hear back from them I deferred this in order to give the business banker a chance to respond. We are due to go on holiday in a couple of weeks and I don't want to start something and then not be around to meet deadlines etc.

Anyone got any thoughts??

 

[saintly_1]

you wont miss any deadlines if you file .... its 33 days from when issued to when a defence is to be entered ... Then it can take 1-2 weeks for you to receive the defence

 

As to the closure of your account ..... have a read of this thread http://www.consumeractiongroup.co.uk/forum/general/14893-fsa-position-account-closures.html?highlight=account+closures

 

Hope this helps

 

saint

[Trucker]

Did anyone see the article in the Independent on 23rd June saying not to take your bank to court but to submit the details to the Financial Ombudsman instead to speed up the process and save the court costs. Apparently none of the cases submitted to the ombudsman have been rejected because the banks are petrified of the ombudsman making a formal decision against them.

What is CAG's view on this option as I am just about to prepare a court submission?

 

I spoke to the FOS yesterday, the guy there told me that their process usually takes no longer than 3 months, though they won't get involved until Barclays own complaints procedure has been exhausted ie the 8 weeks they specify in the holding letters. Though i don't think you are able to claim 8% interest

[welshcakes]

"Though i don't think you are able to claim 8% interest" and that can potentially add up to a good return for a bit of research and a few extra months

[lembas]

When the nice man from the bank told me that he was giving me notice to close my accounts, he said he would make a note on the file that when the charges were recovered they would be offset against the outstanding overdraft. This was over a week ago and I have not yet recieved anything in writing.

 

Does anyone out there have any views on the following points

 

1. Is it worth writing to the bank to ask them to settle before starting court proceedings as he has already indicated that they will do so? or do we think it was a slip up on his part?

I feel I need to write to them again anyway, as the last batch of charges added were done so without us recieving a breakdown or advance notification. I have asked twice for this to be sent without a result and so now feel I should put my request in writing.

2. He gave me one months notice to close the accounts (however, as mentioned, I have not recieved any confirmation of this in writing) Would it be in my interests to pay off the overdrafts and close the accounts myself thus avoiding any further charges and possible a default notice for missing the one month deadline. O,R If I hand over the outstanding amount to them is that going to make them less inclined to settle given that they currently think the settlement will cover the balance outstanding.

[lembas]

Another question I've thought of. What if I can't find my original terms and conditions for a business account with Barclays. I'm sure I have filed them somewhere but suppose I can't find them. Does that mean I can't claim?

 

[saintly_1]

No .... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html look here .. However if you do find them can you do as requested here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/90791-we-need-your-help.html

[lembas]

Just back from holiday to the news of the test case. Can anyone tell me what this means, do I not submit my court papers now or do I get thiings rolling anyway?

Does anyone know what the timeframe is on this delay, when is the test case due to be heard?

[dar£n]

lembas, continue as normal.

OFT are conducting the 'test case' but that will be some time away yet...

Barclays ARE requesting a Stay at ALL courts and OFT have granted a suspension in processing complaints.

 

DO NOT LET THIS PUT YOU OFF.

 

Some judges throughout the land are choosing to ignore this 'advisory action' and continuing to follow the court action as originally planned.

 

see here to see how your local court is responding.

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if.html#post1070488

 

Again, even if your court is on the list, push your claim, because even if it is put on hold until after the hearing, YOUR CLAIM will be in the pipeline for when the decision to order banks to pay up is made and opens the floodgates for new claims..better to be at the top of the ladder waiting to be settled than started a new with thousands of others.

[lembas]

OK, I'm done with trying to come to an amicable solution with Barclays. There was a glimmer of hopr there for a while. Anyway, it seems to have gone so I am back to getting my court claim submitted.

I have one final question before getting this off. Please could someone confirm what exact wording I should enter under 'particulars of claim' if I am claiming for a business account.

 

Many Thanks, nearly there!

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html Have a look here