Court Next week! **ANOTHER BARCLAYS WON**

[Don Quioxte]

Take it you have seen my response to your post in the Woolwich thread..

[Mervalous]

Originally Posted by Rebel UK

look over the page, it continues on a new page, I got almost exactly the same text in the defence submitted on my claim.

Questionnaire will be returned by friday and like you, I didn't send them details of all charges when I wrote my LBA, however, I felt no need to do so, they have the details themselves readily available, they don't pay me to do work for them, they can do it themselves, unless they want to pay me £65.00 an hour to list those details for them and send them on. I totalled the charges up myself for my benefit in my claim, they can do the same for their defence, they put the charges on my account, they damn well know when they did it.

Rebel

That was on the 2nd page lol

	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

[Mervalous]

Originally Posted by Don Quioxte

Take it you have seen my response to your post in the Woolwich thread..

Just read and replied

[Mervalous]

I am guessing I can just send this special delivery post right?

To the delivery address on the letter of "Notice of Transfer of Proceedings"

Needs to be there by the 1st of July so Ill even post it today with special delivery or hand it in tommorrow morning in person if I really have to.

My court address is:
The Court Manager
Wandsworth County Court
76-78 Upper Richmond Road
Putney
London
SW15 2SU

Tried calling LOADS of times but its always engaged

	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

[Barry031261]

Hi Mervalous,

Yes, just post it back to the address on the form and include a payment if it has been requested (this is dependant on the amount of the claim).

Good luck,

Baz

[Mervalous]

I just recieved my letter back from the courts stating that a date will follow soon and in the mean time I should send both the courts and the bank all documents I will be relying on in court. I am sure I saw some info on this before but I just cant find it now after searching and looking in the FAQs.

So far I am thinking:
Copies of all letters sent to the banks
Excel document that has dates of charges (the one I used to work out my interest)
s.15 document? what is this and where can I get it?

Anything else I should also be sending?

Thanks in advance

	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.

[JackieJ]

Mervalous,

Can't remember what the items were but am sure they were all listed in Icefalls thread along with links to them so they should be really easy to find.

Hope this helps!

[kaznelson]

Those documents sound fine

You could also expand on the particulars of your claim if you wanted to, but really no need

Judges like all the docs to be in date order and attached, clearly numbered etc

I

[Mervalous]

Yep I used icefalls thread to give me my documents I just thought there was some another couple, also icefall did say in her/his thread that some people sent more eveidence.

If anyone could just give me a couple more docs that would be great, whats the main line of attack for this whole subject anyway? is it The Unfair Terms in Consumer Contracts Regulations 1999 or was there another thing?

[Pillowatrick]

Mervalous:

I am at the same stage as you. I am going to submit all of my evidence today, and spent the last week preparing everything.

I have included:

A copy of all correspondence with the bank.
A breakdown of charges + interest.
A summary of the dispute to date.
A reply to Barclays defence.
Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.
A copy of the OFT Report on Default Charges [downloadable from OFT website].

I hope this helps.

	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.

[Mervalous]

Originally Posted by Pillowatrick

A reply to Barclays defence.
Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

What did you put in a reply to the barclays defence?

And where do I get the other information? any chance you could send me some stuff on a email?

[Spotted Dog]

Sorry to jump in on this thread. I would also be very grateful if you post in an open thread or PM me some pointers as to where to find the documents needed to submit to the Court.


Cheers
Spotty

[Mervalous]

No problem spotted, thats kind of why I made this thread, the information is about but its burried in other threads and I just cant find it.

[Mervalous]

OK this is what I have put together so far.

Let me know if you need any of these as some were hard to find using google:

List of charges to date
List of letters sent to Barclays

Unfair (Contracts) Terms Act 1977 s.4
Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). Supply of Goods and Services Act 1982 s.15.
OFT investingation

Well I think I have the above docs but having trouble finding the relevant sections in them

[Seminole]

Have you submitted an Allocation Questionaire to the court yet?

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

[boonyed]

Mervalous

Would it be possible to either post or PM me with a link to a copy of the Unfair (Contracts) Terms Act 1977 s.4, I can't seem to find one on the site or on the OPSI site.

Many thanks in advance
Boon

[Mervalous]

Yes, I have recieved a letter back from the courts informing that date is TBC and that I need to send all docs to both barclays and the courts 28 days before the court case.

Thats why I'm running around trying to find out what docs we should send, there doesnt seem to be a definative list anywhere.

Originally Posted by seminole

Have you submitted an Allocation Questionaire to the court yet?

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

[andyroo]

Originally Posted by Pillowatrick

Mervalous:

I am at the same stage as you. I am going to submit all of my evidence today, and spent the last week preparing everything.

I have included:

A copy of all correspondence with the bank.
A breakdown of charges + interest.
A summary of the dispute to date.
A reply to Barclays defence.
Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.
A copy of the OFT Report on Default Charges [downloadable from OFT website].

I hope this helps.

Hi,

I have just recieved Barclays defence through the post. When returning the questionnaire to the court do I need to include any of my responce etc, or is all of that done later?

In regards to your quote above would you possibly be able to post any links to the relevant documents so I (and others) can have a scan through them?

Much appreciated....



PS: I too recieved the same defence as everybody else seems to.....

	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.

[Mervalous]

No documents need for the questionnaire, well I didnt bother as it says something about not needing to on the form.

I dont know where I found the above docs but if you cut and past the names into google it should bring you loads of links, thats what i did and just saved them on my PC now

hth

[Pillowatrick]

Andyroo & others seeking information:

I started by including all letters which I sent to Barclays, and received from them. I put these in chronological order. In hindsight, although I didn't include it, I would have also sent a copy of the letter which Barclays normally sends when it charges you £35 (The one that says We are charging you for having insufficient funds in your account, blah blah blah). If you choose to do this, write above it, "Sample Letter" (which, when accepted into evidence, will prove what Barclays have been doing, adding to your argument that it shouldnt cost £35 to only write this letter!

As far as the legislation is concerned, I used the Google search engine to find specific mention of the names of the Acts. I typed in the names of the Acts (e.g. "Unfair Contract Terms Act 1977"), and there were a few hits. Some of these sights allowedyou to print off the relevant sections of the legislation.

Other useful sources of information:
Govan Law - Resources: penalty & unfair bank charges | legal help from Govan Law Centre, Glasgow, UK
Bank Charges Hell - bankchargeshell.co.uk - Bank Charges
St Brendan's Law - Information about contractlaw and terms - Saint Brendan's - Law pages - index

Don't forget to include a copy of the OFT's April 2006 report on Default Charges - downloadable & printable from the OFT website www.oft.gov.uk. Before sending a copy of this to Mr Jeremiah (or his other assistants) and to the court, read through it, and highlight the relevant bits of the report. The judge will appreciate this, rather than having to trawl through the wholedocument. Notice, the end paragraph mentions that, although the Report focusses on credit card charges, its findings should also be applied to other banking services, such as overdrafts etc!

Good luck in your research. Please pmmeif you get stuck on any of the above.

PS: Although I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline, the final deadline day for the bank to do the same was today, and no docs. have been received by either myself or the bank. Does this mean Barclays cannot produce any evidence???!!!

	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.