Started Court Action ***SETTLED IN FULL***

[WestonS]

Hello,

Is this all too good to be true. I've racked up thousands in OD fines etc. My other half thinks it's too good to be true.

I requested my last six years of statements on Fri. The customer services dept asked me why I wanted them and I told him I wanted to claim ALL of my bank charges back. He then left me on hold for 10 mins whilst he spoke to his Manager. he then came back and said he has never had a call of this nature before?

In the end I paid £5 per account (I have two) and hopefully I should get them in a week and a half so I'm tol.

Can I only claim 6 years worth - I'm sure I have lots more from when I was a student!

Also, how can I put a lovely pic of myself under my name like everyone else?

	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.

[Bookworm]

Lots of questions, lol...

Ok, the techie side 1st: up left, you should see "user CP". click.
left hand menu, "edit avatar", click.
follow instructions (especially as regards size/pixels), upload, save changes, voila.

Next, charges. They never had a call like this before? My goodness, WHERE do you live? A desert remote scottish island? I would have thought by now, every branch in the uk would have been hit, lol.

Next, is is true? Yes.

Next, 6 years? Mhhh, that's something in motion. The general idea is that you should be able to reclaim further, but it hasn't been tested yet. It will be at some point, so keep watching!

Finally, the most important: Read the FAQs and forum material before you launch the offensive. You are taking on a multinational with unlimited funds, you need to know what you're doing.
Any question not already answered (not many of those with 17000 memebers and growing, lol), ask here, and we'll do our best to answer.

Oh, and tell your OH to have a good read about too to convince him. Or you can wait until you get your cheque and rub it in his face then, lol.

[WestonS]

Hello All,

I just thought I would update you on my claim...

• I requested copies of my statements by phone on 5th. Paid £5 each
• Have told my family and friends, some more dubious than others and some
have registered to the site and are fighting the banks as I write...
• Just going through my statements and filling in the easier version of the
'charges spreadsheet' that I found in the 'Library' section.
• Having read the FAQs and threads, I have decided that I will not ask for i
interest at the preliminary stage as it is far to much for my non-mathical brain
to work out and I am happy to stick with asking for 8% when I take my claim
to small claims.

I must say that having done an extensive amount of reading, I think the FAQs could be arranged to make it easier plus I have loads more suggestions and I will be happy to add these in the most appropriate forum.

Thanks guys - you've started something big - possibly a revolution!

	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.

[WestonS]

Hi All,

Yes I've read the FAQs and lots of the threads but...

I'm about to send my prelim letter for two accounts that I have with Barclays. Do I need to send them a copy of the charges spreadsheet and the dates incurred? If I leave it for them to clarify the amount, surley this would only delay things?

Thanks x

[jonni2bad]

Not at this stage. They have all they need on their own systems if they want to check.

[CrispDust]

Ingonore this. Sorry!

[WestonS]

Hello All,

I just wanted to update you all on my claim.

I entered a claim on the MoneyClaim website and have received an 'Acknowledgement of Service' from a Mr Keith Jeremiah, Legal Executive from Barclays in London.

From reading other threads, this is a busy guy! Barclays now have '28 days from the date of service of my particulars of claim' to file a defence.
Can anyone confirm if this is the date I entered my claim onto MoneyClaim?

I've since received a letter from Barclays offering £230 in settlement - is there a template on the site to reply - I couldn't find one?

I now await my court questionnaire and will get back to you all if they enter a defence but am starting to prepare for my court case should the worse happen - this is now a matter of principle.

I've also made an interim donation to the site and will also do so if and when I win. I would urge everyone who hasn't yet done so to pledge a donation - we wouldn't be anywhere without the founding members and help from the Moerators. If everyone donated even a £1... come on guys!

	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

[Mumofthreeboys]

Originally Posted by WestonS

Hello All,

Can anyone confirm if this is the date I entered my claim onto MoneyClaim?

They have 28 days from the date it's served or deemed to be served. If they don't answer, deemed to be served is 5 days from the date you filed - hope that's clear.

Originally Posted by WestonS

I've since received a letter from Barclays offering £230 in settlement - is there a template on the site to reply - I couldn't find one?

I just sent a very brief 2 line letter saying I will accept, but only as an interim payment. Then they will withdraw the offer anyway.

[WestonS]

Update...

Barclays have entered a defence and have written me a letter offering £250, which I declined. They have sent me back a letter basically saying that they will see me in court.

I've just filled out my Allocation questionnaire and was wondering what happens from here... I presume I get a court date through. Can someone kindly confirm.

Thanks!

S

	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

[Mumofthreeboys]

Originally Posted by WestonS

Update...

Barclays have entered a defence and have written me a letter offering £250, which I declined. They have sent me back a letter basically saying that they will see me in court.

I've just filled out my Allocation questionnaire and was wondering what happens from here... I presume I get a court date through. Can someone kindly confirm.

Thanks!

S

I assume so, if they don't settle before that is. I'm in exactly the same boat as you - waiting for my date!!

	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

[WestonS]

Thanks Mum of Three Boys - I will keep my fingers X'd for you too!

[WestonS]

Hi everyone,

My court date against Barclays Bank has now been set for 21st Sept at Croydon Court. I have been spending some time preparing for my case and need to submit any documents that I need to rely on in court.

I have copies of my statements but are there any relevant Acts I can take and does it have to be full copies. Can I also take in any recent announcements by the OFT and if so, where can I get these from?

Although I am a little nervous, I understood the implications of starting my claim and will go the whole hog! I would be interested to hear from anyone else putting their or who have had to put their case together.

I don't know if the bank will write to offer a settlement or have a no-show - let's wait and see - Wish me Luck!

Sharmayne

[Karnevil]

Hi, if you look a jonni2bads halifax thread he has posted his full bundle of docs for the hearing....should be helpful. I'm doing mine too for a hearing mid october.

[WestonS]

That's great, thanks for your help!

S

[WestonS]

Sorry, have hunted for the link you mention - can you please point me in the right direction.

Thanks!

[Grimsolo]

This is the link to his thread

http://www.consumeractiongroup.co.uk...off-court.html

[jonni2bad]

Will reply to your PM here... also, have merged 4 threads on this claim. Please now stick to this one.

************************* **************

I doubt very much that you will see them in court but, as you say, best to be prepared. My document bundle included elements that are required for a removal of default notice, so I have excluded those parts below.

You do not have to print out the full Acts shown below, the pages that contain the parts you wish to refer to should suffice, but I decided to give the lot.

You should start by listing any documents you wish to include, get them into a date order (for all correspondances) and then for anyorder you like for the other documents (Acts / references etc). Each document must be numbered, so you'll probably have to do this by hand.

Also, when you have everything in order, produce an index page which should look something like below.

One complete set of these each for
You
The Court
The Defendant

************************* **********

INDEX OF DOCUMENTS

1. Correspondences


.....Date .......Description ......................... ......................... ................No. of pages
(A) 11-03-06 Letter: Data Protection Act Disclosure request to HBOS PLC - 1
(B) 19-04-06 Letter: Request for repayment of charges to HBOS - 2
(C) 02-05-06 Letter: HBOS acknowledgment of (B) - 1
(D) 05-05-06 Letter: Letter Before Action to HBOS - 1
(E) 12-05-06 Letter: HBOS response to (D) - 3
(F) 15-05-06 Letter: Decline offer of settlement to HBOS - 1
(G) 19-05-06 Letter: HBOS further offer of settlement - 1
(H) 23-05-06 Copy of County Court Claim form issued by Claimant - 1 (2 sided)
(I) Court Document: Notification of claim issued - 1
(J) 31-05-06 Court Document: Notification of Acknowledgment of Service - 1
(K) Copy of HBOS Acknowledgment of Service - 1
(L) 12-06-06 Letter: Data Protection Act Section 10 Notification to HBOS - 1
(M) 15-06-06 Letter: Further explanation of claim to HBOS - 1
(N) 19-06-06 Letter: HBOS offer of partial settlement - 2
(O) 26-06-06 Copy of facsimile to HBOS and ‘Message Confirmation Report’ - 2
(P) 26-06-06 Letter: Claimant to District Judge - 2
(Q) 27-06-06 Letter: Claimant to District Judge - 2
(R) 27-06-06 Letter: HBOS reply to (L) - 1
(S) 28-06-06 Court Document: Notification of Defence Filed by HBOS - 1
(T) 30-06-06 Letter: HBOS confirmation of receipt of (O) and payment to Claimant - 1
(U) 06-07-06 Letter: HBOS copy of Allocation Questionnaire - 1
(V) 16-07-06 Letter: Claimant to District Judge and Copy of Claimant’s
Allocation Questionnaire - 5
(W) 16-07-06 Letter: Claimant to District Judge - Reply to Defence - 1
(X) 20-07-06 Court Document: Notification of Allocation and Hearing - 1

2. Authorities


...........Description ......................... ......................... .............No. of pages
(AA) -- Copy of bank statements supplied by HBOS following (A) - 91
(BB) -- Copy of spreadsheet supplied with claim detailing specific dates
and amounts as requested for refund - 1
(CC) -- Data Protection Act (1998.) - 53
(DD) -- Data Protection Act (1998.) Schedules - 53
(EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10
(FF) -- The Supply of Goods and Services Act (1982) - 13
(GG) -- Unfair Contract Terms Act (1977) - 9
(HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35
( II) -- House of Commons Early Day Motion (EDM 2227) - 1
(JJ) -- House of Commons Select Committee on Treasury
Second Report: ‘Transparency in charging’ - 10
(KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3
(LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd
v New Garage & Motor Co Ltd [1915] AC 79 - 2
(MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd
v Tilebox Ltd [2005] EWHC 281 (TCC) - 2


The Claimant will also make reference to the following case laws;
1. Murray v Leisureplay [2005] EWCA Civ 963
2. Wilson v Love [1898]
3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752
4. Bridge v Campbell Discount Co. Ltd. (1962)

	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

	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

[WestonS]

Thanks Jonni - this thread will no-doubt helpso many people!

One more Q! Do I need to send copies to the bank to promt a full sttlement - thanks!

[jonni2bad]

When you are exchanging documents, you MUST send a copy of everything to the bank - it states this above....

EDIT - you will not need the Data Protection Act documents since you are claiming money only. These should only be included if claiming for removal of info on your credit files.

[WestonS]

Dear fellow members,

Just to let you know that my case has been settled successfully with Barclays although I cannot give you any specifics.

If I can help you in any way with your case, please do not hesitate to get in touch.

I would personally like to 'thank' all of the moderators and other members that gave up their time to help me any many others. I always thought that it was too good to be true but I have been proved wrong.

Good luck to everyone who has a claim outstanding x