Goodwill offer from Barclays - what next...help!!

[classylady18]

Hi Amy - sorry for posting in two places i wasnt sure if it had worked properly! oops!

Thank you for the Rejection Letter, i have just finished typing it all out ready to send. I am going to do the spreadsheet now but im finding it a little confusing because i dont know which worksheet im meant to fill in... Am i entering the charges in the 'charges' worksheet or the 'S69 Interest' ?

Thanks for all your help, you're all doing a great job on here! :-)

Classylady18 x

[Amy]

No problem Classylady,

Yes, you enter your data into the charges page and the spreadsheet will automatically work out s69 interest for you.

[Amy]

Morning Amy,

Think its time you merged a thread

BB

Hope to God that worked properly!

[classylady18]

Thanks Amy...your a star!

Ok right then....i think ive done everything now! (i hope!?)
I've changed the letter around a lil bit so would you mind havin a gander at it before i send it off please? I added the part about removing the default regsitered against my name as this was only due the fact i was overdrawn from the crippling charges.

Ive completed the spreadsheet and added the interest to the original amount so im now claiming for a lovely sum of £3,224.08!! yippee!!
I really hope they pay up before i issue a claim through the courts but after reading through this site im going to persevere and fight it all the way!

One question (ok maybe two!) do i include the schedule of charges with the interest calculations on with this letter?

Also, because my account was terminated by Barclays do i need request that they send a cheque to my home address? The debt i have with them is for £2518.00 so i want to pay that off in full and have the remaining £706.08 (to be precise!) in my pocket!

'A happier Classylady'


Dear Sir/Madam

Account No: *********

Thank-you for your recent letter.

I am at odds with your views and I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account plus interest which now totals £3,224.08 as of 20th June 2007 (a copy of the schedule of charges is enclosed).


I will accept the sum of £2000 in partial settlement only of the full amount claimed as I see no need to discount for risk. I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges imposed by you client will be unenforceable and judgment granted in my favour.

Accordingly I would suggest that you consider your position with regard to common law and penalty clauses and to avoid further legal costs to you, settle in full within seven days and agree to the removal of the default entry that you entered onto my credit file.
I believe this default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. At this point I will discontinue my claim.

If I do not receive full settlement within seven days I will pursue my claim through the Courts.

I trust this clarifies my position,

Yours faithfully,

[Amy]

One question (ok maybe two!) do i include the schedule of charges with the interest calculations on with this letter?

Yes, you do include the spreadsheet with your letter, but only the sheet that is charges and overdraft interest (if you are claiming it). The s69 interest does not come into play until you file.

Also, because my account was terminated by Barclays do i need request that they send a cheque to my home address? The debt i have with them is for £2518.00 so i want to pay that off in full and have the remaining £706.08 (to be precise!) in my pocket!

You can request that they send you a cheque or that they pay it into another account of your choosing.

'A happier Classylady'

Good xx

Your letter is fine, apart from a missing 'r' here - "...and therefore the charges imposed by your client will be unenforceable and judgment granted in my favour."

[classylady18]

Ok, the letter has been posted so the clock is ticking on their 7 days!

I will keep you updated on their response (if any!)

Thanks everyone !

xx

[veilside01702]

Hi classylady18.....
how are you doing today....?
I would also send an 'Account in Dispute' letter to cover your back...
Even though they have closed the account it should stop any interest being added to the outstanding balance....
If you are on benefit they cannot take it under the 'Social Security Administration Act 1992'........So if they took any benefit from you they weren't allowed to....
If you need anything drop us a message in the 'Tequila lounge....FMB's thread'....lol
Loads of us lurk in there after our claims got paid out......lol
Or just Private message me......
Russ

[classylady18]

Hi everyone...

Well barclays havent replied to my last letter so now i need to issue a claim with the courts....what is the next step?

A scared classylady!

[Xena]

hi classy....just typical of barclays! they always run claims to the wire but the end result is worth waiting for. nothing to worry about i can assure you.

Anyhow, you will need N1 pack from your local court and this is the what u need for the particulars of claim section.

.http://www.legal-beagles.co.uk/forum...aim-p-o-c.html


hope this helps

[classylady18]

Hi Xena,

Thanks for your help, i will send the letter off tomorrow!

Its been dragging for so long now i just want them to hurry up and pay me my money! I need a holiday ! lol!

Will let u know whats happens :-)

Cheers

Classylady

[Xena]

hi what letter do u mean? you need to raise a court claim im afraid, thats what the N1 pack is.. and the link i gave you was for the claim. how long have you given barclays to settle? because they really do take it to the wire, but ultimately they will settle in the end

[classylady18]

Sorry, i was having a blond moment! I meant write "i will send off the claim tomorrow"!

I have given Barclays since February to settle (i know im stupid!) to be honest i was abit scared to take it to court with the recent Lloyds cases but after reading this site im more determind now!

I am also issuing my claim against Lloyds today as their 14 days are up from the LBA!

Classylady

[Scarlet]

Ive claimed aginst Barclays/Wooly hun.

They do like to wait til the last minute to cough up but in the end they are OK. I found I had a really nice solictor (theirs) dealing with my claim.

She did everything in her power to get me settled in time for xmas - and that included all charges that they applied whilst my claim was going through which was another £400, to save me putting in another claim as soon as that one finished.

So hang in there and if you get stuck dont mind to PM me to see if I can give you any more support!!!

[TANZARELLI]

Barclay are renowned for stalling. Don't let the LTSB flukes worry you with a detailed POC covering all bases and T&Cs to show any cloaking/veiling of charges to blatently try to get out of payment, coupled with abuse of process to boot, your onto a winner. All the support you need will be provided here on the forum.

Tanz

[classylady18]

hi everyone...well there are further developments on my barclays claim..but not a good one im afraid....

I recieved a letter this morning from Robinson Way requesting that i pay them £2518.00 within 10 days or they will issure court proceedings.
The first thing i did was laugh at it thinking 'nice tactics Barclays'
Then i thought hang on...surely if this account is in dispute with Barclays the Debt Collectors cannot try and collect from me?

NOTE: my barclays account was terminated in Nov 2006 and passed to a debt collector earlier this year - after reading in the press about getting back your charges i started my reclaiming mine cos they were more than what i owed Barclays! My plan is to pay off the debt owed to Barclays with part of my settlement (if i win!!)

As i said before, Barclays made a goodwill gesture of £2000 but on the condition i must pay it straight off my debt with them... i told them where to go and said i would persue through the Courts, ive heard nothing back so started my claim using the N1.

Anyway back to Robinson Way... i have just got off the phone to the fools.. i rang them and gave my name and acc number..i didnt give them my phone number and the first guy started getting arsey..i told him that the account is currently in dispute with Barclays so i am unable to discuss the account with them. They said they had full control of the account etc etc. I said that if they got 'full control' they would know that i am currently taking Barclays to court.. they started asking court dates etc but i refused to answer saying thay should know this if they have 'full control' - I was loving telling him that!!
Then i said unles u can provide me with a copy of the original CCA then i was not going to discuss anything about the account with them.. (hope this was right thing to say!)

I was put on hold for a minute, then the guy came back on the phone and said my account is now on hold..and he would send the CCA to me. I said he must provide it within 12 days...and i also said the conversation was recorded..! lol!
He said he would get Barclays to send it to me...but i thought they were supposed to have it when they 'buy' the debt??

Can anyone help me on this?

What happens if/when they provide the CCA?
If the account is in dispute with Barclays, can Robinson Way chase me for it??

Any advice greatly appreciated..

cheers
Classylady x x