Barclays vs Harry - Barclays counter claim

[harry56]

I've just sent in letter asking for charges refund.

My account got closed btween asking for statments and sending the letter.

Barclay card still open. I've opened account with Lloyd's TSB.

So Barclays want their overdraft back #975 and I've sent in claim for #1,425 plus interest on spreadsheet comes to #1,595.

Anyone else had account closed after getting statements?

Their letter says account will go to Debt Recovery, so do I get my money from them.

Now I'm not sure if they are taking me to court or I'm taking them to court or both...

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[martin2006]

Sounds like a new way of intimidating you into stopping action.
Its of course up to you Whether or not you continue, i certainly would, but as the account is in dispute they cant demand O/D back until dispute is settlrd. i suspect they will then pay off your O/D and send you the balance

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[harry56]

Hi,

I've been reading the other posts for a while.

I've finally filed for my bank charges back from Barclays. They have closed my account as it was overdrawn just after I asked for statements.

I moved house in the middle of the process between the frist letter I sent and the LBA and turned down offer of £700. My claim is for £1,400 plus interest.

So I have to wait 14 days from the 24th to see if Barclays will put in a defence.

I made 3 sets of the court bundle and took it to the court and they said they only needed one and it was up to me if I sent a copy to Barclays.

I didn't put in the statments as they are about 50 pages, the women at the court said to wait to see if they defend and the judge would ask for them if they are needed.

I haven't called Barclays, should I call and ask if they want a copy of court papers or just send them? Anyone know where I should send them?

I didn't have to pay the court fee of £120 pounds as I was unemployed when I put in the claim. just started a new job last week.

I also had a barclays business account and I am about to started sueing my mortage companies to get back early redemption fees which comes to £24,000 three lots of £8,000 penalties, I'll put that in a seperate thread.

Harry

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[lindylou1974]

Hi Harry

I am in process of sending my Spreadsheet and the second letter for refund of my bank charges.

You say they closed your account down as you were overdrawn. could i ask if it was a lot you were overdrawn by as i am worried they will do the same with me.




Many Thanks

[harry56]

I had a £900 overdraft that they seemed happy about for 2 years then they closed the account, but it could have been to do with my business account which is also in dispute for £300.

In the business account I paid in one cheque that bounced for £900 they paid two cheques for £120, charged me two account charges for paying the cheques of £30 each and chanrged me for software that I didn't want for a Windows machine, when I use Macintosh.

I told the bank manager that I was happy to have free software but did not want to have the paid extra soft, £18 a month. When I nticed the charges on the account I told them it was a mistake and they said I had signed the contract when I opened the account.

The bank manager filled in the form and I signed, so this is still in dispute.

I missed going to the Cannes Film festival because of the cheque bouncing. At the time the manager siad the cheque had cleared

Anyway I still don't know if they closed account due to my asking for staements or the Business manager closed it. The business account was at a different account to my personal account.

I have cash account with Lloyds TSB now... so I've had accounts with Nat West, HSBC and Barclays, the top four, they all seem to do much the same thing.

I also have a dispute with Capitol One where they have charged me £800 charges on a £200 limit credit card, as they wouldn't agree to close the account.

Harry

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Laineybelle]

Hi Harry,

All you neede to do was take in two copies of your N1 claim form with the same copies of your schedule of charges at theis stage.

The Courts send one to barclays and keep one and hopefully you kept one for yourself as well.

Thats it for now. You just need to wait to hear from the Court. I wouldn't bother with Barclays at all at this stage.

Hope that helps
Laineybelle

[harry56]

Well I basically gave them the court budle which has the schedule in it and they said I didn't need to give it to them at this stage but would take it anyway.

I filled in the N1 two weeks ago and put on the form papers to follow, which I thought had to be in by 14 days.

I think I've mixed up things and put in court bundle too soon.

Also as I was unemployed when I put in claim, but am now employed I don't know wether I have to pay £100 for AQ fee if it turns up.

Harry

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Laineybelle]

I should imagine you would have to pay it now if you are working but only if the claim is over £1500 before interest I think it is. If it is below that then you don't have to pay anyway.

Also, if you do have to pay it you just add it on to the bottom of your claim for when they settle. So either way you won't lose it..........but Barclays will!!!!!!!!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[harry56]

just an update... Barclays are defending they have 28 days to put in defense. No court date yet.

Harry

[harry56]

I have a claim against Barclays for £1,400 plus interest, it's in another thread Harry vs Barclays.

As I had a £936 overdraft Barclays are now counter claiming for the overdraft.

I needed some advice do I defend it and quote the court number from the other case which was filed before Barclays case. Should I send back the acknowledgement first or just fill in the defense from.

My defense would be as the charges are more than the overdraft I don't owe them the overdraft.

Barclays seem to think that I owe them the overdraft until their is a ruling on the charges, even if the end up settling before it goes to trial.

I would have thought they shouldn't be able to sue me for the overdraft if it is already in dispute in another case.

Harry

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[dar£n]

Originally Posted by harry56

Barclays are now counter claiming for the overdraft.

Barclays seem to think that I owe them the overdraft until their is a ruling on the charges, even if the end up settling before it goes to trial.

Hi, I might be wrong in this but continue with your claim, Barclays cant issue any counter measures on an account that is in dispute, tell them you will discuss the overdraft matter once your dispute is settled.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[harry56]

No they definatly have issued counter claim, it arrived this morning from Northampton county court.

So I do need to send something back to the court or Barclays will win that case by my defaulting.

I've decided to send in the defense form and ask that they set aside claim as I have prior claim with other court that can deal with the claim.

Harry

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[MrsFroogle]

That's outrageous! The dirty tactics... the filthy ..... Let us all know what happens.

[Bookworm]

3 threads merged. Please stay on one thread per claim.

Harry, any news? What did you do in the end? And what's happened?

[Micky the Hippo]

I reckon they're rubbed him out and he;s wearing concrete boots at the bottom of the Thames

At what point does the account in question go into dispute?

[harry56]

I have a court date in June for my claim and I haven't heard any more on counter claim since i sent in defence asking for it to be dropped as I the money was already being disputed in my claim.

Harry

[Micky the Hippo]

good man, I never doubted you were on top of things

[Rutland1123]

Hi Harry I also have a court date for June they are calling it a Case Management Conference I am not sure what this means, any ideas

[ChloeJane]

Harry,

Have to ask, did you in fact defend the counter claim?

CJ

[Rhysuk]

Good luck harry,

I'm just starting down this road with barclays and have a feeling they'll try and do the same to me.

Will let you know how I get on