Boonyed v Barclays **WON**

[richardkc2000]

Ditto !

Good luck boon I will be following this thread closely as have just started tallying up what Barclays owe me today.

I would like a bit of advice though please as i have only kept my statements for the past three years. Shall i Data Protection Act them or just claim back what i know they owe me ?
Also has anyone included Barclays additions fees and overdraft interest charges or are they legal and should be left out.

Thanks

Mod note: Please start your own thread with this query. You can then add any progression without hijacking this thread.

	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.

[boonyed]

Sorry I haven't posted for a while, I've been away on holiday and have just got back.

While away I recieved notification of Barclays defence and have missed the seven day deadline for my reply to the court.

I will be studying the material tomorrow and will let you know what my next course of action will be as soon as I have chance.

Thanks for the continued support.

Andy

[boonyed]

Okay

I have my allocation questionnaire, I did initially think that i would miss the 7 day deadline for returning the document as I was on holiday, but I have until the 13th June to get it to my local small claims court, after which time a hearing date will be set, sometime during the next 4 months.

Barclays have provided a written defence which is almost identical to the one posted by Valleyboy in his thread below;
valleyboy v Barclays

I have looked through the guideance on this site and found all that I think I need. If the buggers turn up I'll be ready for 'em.

Just one question; if they set the court date when i am supposed to be at work, can i claim loss of earnings aswell?

Andy

	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

[bram stoker]

Originally Posted by boonyed

Just one question; if they set the court date when i am supposed to be at work, can i claim loss of earnings aswell?

Andy

Yes, a rate of £9.25 per hour is suggested.

[boonyed]

I recieved a letter this morning from my local court with a date for the hearing. its towards the end of August, so I have a few weeks to sort something out, should Mr Jeramiah not wish to settle beforehand. I intend to write to him on Monday giving him the opportunity to do so.

The notice says that I need to get my bundles together and send 1 to the court and 1 to the defendant in the first week of August.

It does surprise me that, as they appear to be settling quite a few claims before they get to the court steps, they did not make an offer when they got my notification of claim. It is going to cost them more than I was originally claiming afterall!!! Perhaps they are snowed under with the number of claims and can't keep track of individual cases, or they may be hoping that people default by not returning their questionnaires on time - the thought of actually going to court is a bit daunting to many and I think Barclays are hoping that people will be put off.

All I can say is don't let it phase you, its your money, get it back off 'em.

Andy

[boonyed]

I e-mailed Mr Jeramiah on Monday last week, asking him to consider settling before we get to the court steps. I have had no reply, so far. But I am encouraged by Icefalls Success and will start putting together my documentation to send to the court and the defendant.

Good luck everyone else.
BOON

[CrispDust]

£9.25 an hour!! What if you can prove you will lose considrably more than that if you have to take time off work/business?

[mcarreno]

Hi

Could you proviode a link to the data protection letter

Many thanks

M

[boonyed]

Mcarreno

Please read the FAQ section of this site

http://www.consumeractiongroup.co.uk...se-read-these/

Boon

[boonyed]

Hi all

Thought I'd give everyone an update on my own claim. I have a couple of weeks left to get my bundle of supporting documentation back to the court and to Barclays ready for the hearing, towards the end of August. I have all of the documentation that I think I'll need and will be putting it together over the next few days.

The e-mail I sent to Jeramiah and his cohort has not atracted a response from either of them and so I will probably see them on the court steps. Though I understand that a number of people have had postponments to their cases. I'll wait with interest to see wht happens.

If you trawl through the ealier posts on this thread, you'll see that I was quite anxious about going to court and putting my case to the judge and the Barclays rep. However now it doesn't phase me and in fact, I'm quite looking forward to it. The longer this drags on the higher the amount of interest my money is attracting!!

Its my money.

BOON

	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.

[Dom]

Ok folks... not much posting by me lately...

However, I now have a court date of 24th October... (long time off but my choice) I have emailed Mr Jeremiah and Nick Cardigan to offer them a chance to settle prior to court... I will start my email with the words 'without prejudice'...

I will keep you posted...

[boonyed]

I sent my bundle off to the court and copied it to Barclays last week, I received a letter yesterday offering me what amounted to 80% of the total sum they owe me. The interesting thing about the letter from Mr Jeremiah was that it was headed 'without prejudice save as for costs'.

After doing a little research myself and having spoken with a senior member of this site I have taken the decision to reject Mr Jeremiah's offer and sent the following letter;

Dear Mr Jeremiah

Thank you for your letter dated **********2006.

I see that what you are offering me is in effect a ‘Part 36 Offer’.

However, I know and I fully expect that you know that part 36 offers do not apply to small claims.

I consider that your letter is an attempt to mislead me and to intimidate me by presuming a lack of knowledge on my part.

If we do go to court on this then I shall be pointing out your tactic to the judge when the time comes to discuss costs.

I am prepared to accept £****, plus 8% interest calculated at the date you send your cheque, plus my £*** court fee.

I am not prepared to accept anything else, please do not bother to contact me again if you do not agree to this.

Yours sincerely

It seems that Mr Jeremiah and Barclays Bank will try anything to deter people from going to court. They do not want to lose a case as this will open the flood gates to everyone who has had penalty charges taken from their accounts.

Stick with it, its your money!!!!!

BOON

	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

	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.

[Spotted Dog]

Good on you Boon

Spotty

[Dom]

Nice one BOON, It would be easy to see why at first you would be tempted to accept the offer... However it is 80% of whats rightfully yours... Yes, its your money these people have taken in the name of charges... unfair and illegal penalties...

Stick with it, the last thing the banks want is to end up in court and lose and have a judgement against them... I can see the case law now... Boon v Barclays 2006...

Well done...

[boonyed]

I've just received the following e-mail from Mr Jeremiah.

Without prejudice
Dear Mr ******
I refer to my letter of ** August 2006. I am enquirying as to your decision regarding my settlement offer of £*****
I look forward to hearing from you.
Yours sincerely,
Keith Jeremiah
Legal Executive (Fellow)
Barclays Legal: Litigation & Disputes
Floor 29
One Churchill Place
Canary Wharf
London,
E14 5HP

To say he's their legal representative, you'd expect that he'd be able to spell!!!!
I told him to poke it and I'd only settle for the full amount.

BOON

[boonyed]

Mr Jeremiah has returned my e-mail accepting my request for a full refund including costs and interest.....which is nice!!!

Stick with it everyone, you too will get yours.

BOON

	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.

[Grimsolo]

CONGRATULATIONS!

I have just sent back my AQ and am awaiting a court date, I think I will copy what you have done and see how it goes.

CONGRATULATIONS!

Grim

	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

[omollmeg]

Congrats!!!!
This waiting around is horid though!!

[boonyed]

I agree!!!!

I think it was 9th March when I sent my first letter.....over 5 months and they now decide to pay out!! I wonder how many have given up after a few weeks, or when challenged by Barclays.

My advice is to keep going, don't give up, they are playing the game all you have to do is play it with them.

I keep saying it and I'll say it again..... IT'S YOUR MONEY.

BOON

[boonyed]

I've sent off the ammended Barclays letter, accepting Mr Jeremiah's kind offer of a full settlement, including cost and interest. I've crossed out the confidentiality clause and informed him that I will inform the court when the money clears. That only gives him till Thursday......lets hope he's on the ball, they're working to my timescale now!!!

If anyone else receives a letter from Barclays, or any other bank for that matter, headed; 'without prejudice save as to costs', have a read through the previous page of my thread. You will see that this tactic is unenforceable and will not stand up in court. They are trying to intimidate you and the judge will take this into account when it comes to discussing the award of costs. That said, no claim will get to court!!! The banks can't afford for ANY claim to get there, they are petrified that a judge will find against them and so open the floodgates to new claimants.

DO NOT BE PUT OFF BY THE BANKS, DO NOT FALTER, TAKE EVERYTHING THEY THROW AT YOU.....YOU WILL WIN IN THE END!!!!

IT'S YOUR MONEY - GET IT BACK!!!

BOON - OUT!

Its been emotional

	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.