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Anderson v Barclays

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  • Anderson v Barclays

    Hi all,

    Watching with interest here and hoping for some positive outcomes.

    My case is currently staued until further notice, however i have received the 'we will consider your case closed if you do not respond in 8 weeks' letter from our friends at Barclays. Is there a template i can use to respond to this informing them of my intent to fight on, or should i sit tight for now until new POCs arrive?

    Many Thanks
    Last edited by Anderson1; 19th February 2010, 14:52:PM.

  • #2
    Re: Anderson v Barclays

    There are unlikely to be 'template' POCs.

    What you need to be doing now is making sure you have ALL your info from the bank - ie full transaction lists - if you dont already have them. If you have come from MSE then you may only have a list of charges - in which case you need to go back to the bank with a FULL Subject Acccess Request asking for the full transaction lists and anything else they have on you - across any and all account you have within barclays.

    Once you have that you need to go through those and think about what seems particularly unfair to you. I won't guide you any further as we really need to know why you feel the charges are unfair for reasons other than price, how have the bank engineered getting more charges out of you, are there issues of hardship, do you have linked loans etc with Barclays - basically anything and everything that you have had problems with with Barclays over the past 9 years (well since July 2001).

    If you get on with that and post anything you think might be relevant up here we can work out a response letter to the bank - although mainly it will just say ''sod off my complaints in the courts system so nerrrr' but we'll need all your circumstances and unfair reasons to do POC's .

    There ARE costs risks with continuing, and it WILL take a lot of work on your part, although we will help all we can, to begin with only YOU know how your relationship with the bank has been and how many problems these charges have caused.

    You will also want to dig about for all T&Cs for your account throughout your history with the bank as we will refer to these at various times to point out the imbalances.

    Hope that makes sense and you arent running a mile already

    Ame
    xxxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Anderson v Barclays

      Thanks Ame,

      My claim was stayed in August 2007(?), the week all cases were stayed. I have full subject access request until that point. Should i apply again for everything since that date ?

      While i dont think you could argue there are hardship issues, the charges i received are in some cases caused by charges the previous month and so on. While i may have not run my account particularly well, i have paid close to the maximum number of charges each month which then became 'reserve charges' when B.Clays introduced the 'opt out' scheme.

      On a seperate Barclays account, which was used for paying bills, there was an overdraft facility of £500, i would pay in a nominal amount to keep my balance below this so the interest didnt take it over the limit. At some point the interest charges caused the balance to go over the £500 limit which triggerred charges, which then created more interest on a higher balance which in turn triggered more charges. Of course i paid money in to bring the account back within my limit but more interest was applied and more charges. As this was not the account my salary went in to, eventually B.Clays said i had defaulted and i had to bring the account into credit. A note was made of my credit file i believe.

      While this is not the account i am reclaiming charges for it had an affect on my current account as money was transferred across to cover the charges.

      I dont think i have any T&Cs btw.

      EDIT: The bank also sold me a 'resolve loan' probably about 8 or 9 years ago to pay off my overdraft, i recall this was as a result of charges taking my account over its limit.

      Anderson

      Comment


      • #4
        Re: Anderson v Barclays

        Is there a reason why you arent claiming the charges back off the second account ?

        If you have the full SAR from pre 2007 then thats great - if you have charges you are adding to your claim after you got the original SAR you might need to topit up with one covering the last 3 years tho.

        So long s you have full transaction lists covering the charges
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Anderson v Barclays

          I began the claim on the 2nd acount last year and sent off the first letter. I got the usual response but didnt continue to a court claim, probably due to cost. I assumed this would be a sepearte claim with its own court costs.


          I will send off for last 3 years SAR in the meantime. DO you think i can claim all charges on all accounts including the ones re-badged as 'reserve fees'?

          Thanks Ame

          Comment


          • #6
            Re: Anderson v Barclays

            Sorry Ame, another question:-
            I have SAR up to 2007 (list of transactions) and have all statements since then. Do i need a 'full' SAR with recorded telephone conversations etc or is that just prefered ?

            Thanks

            Comment


            • #7
              Re: Anderson v Barclays

              Just preferred - if you have full transactions lists and full statements for the last 3 yrs then you should be fine going through and checking for specific unfairness.

              SAR helps in cases where there have been major problems, or attached loans, to see how issues were dealt with.

              Best to go through statements first I think.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

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