SusanJAllen v Barclays ***SETTLED IN FULL***

[SusanJAllen]

I am claiming unlawful charges against Barclays on behalf of my partner. I have kept a record of all communications between them and us. After they had sent copies of her bank statements for the past 6 years, I reckoned that they had charged her £1233 in unauthorised charges over this time. On 1st August, I wrote to Barclays informing them of the calculated charges (using templates from this forum). At no time did they ever attempt to give any reason for the charges applied to the account even though I had invited them to do so as well as supplying them with copies of the statements containing the said charges.
Barclays responded on 30 August with an offer of £380 in full and final settlement. This was refused; Court action was begun and they supplied a defence. We have submitted the Allocation Questionnaire. I have used the spreadsheets supplied to calculate interest for each charge. However, I had included deductions for 'Account Fee' on my initial claim and also included these in the Court papers. So, rather than £1233, the claim should be for £895.17. Should I inform the Court of my error? Maybe that's why Barclays said nothing....to succeed through my failure? Any advice would be appreciated. Thank you

	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

	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.

[fallen7682]

Did you include a schedule of charges and interest with your allocation questionnaire, as i'm about to send mine off and haven't. Should i be doing that? Your advice would be appreciated.

	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.

[Karnevil]

fallen, noi not with the AQ - it should have been included with the claim forms.

Susan, I wouldnt worry yet ~ if it is found that these fees are not applicable the bank will tell you when you discuss settlement. If you wanted you could write a letter to the court (and copy to the defendants) to add to your claim file with the new amount you are claiming - I dont think there is any need to formally amend your claim.

Hope that helps a little bit
Karne
x

[SusanJAllen]

We are working to very similar timescales. I didn't send a schedule of charges and interest with the allocation questionaire......maybe I should have. Does anyone have the answer? And if so, am I too late to forward it to the Court?

Cheers

	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.

[SusanJAllen]

Karne, you're an angel......that's made me feel a lot better. Thank you Sue

[Karnevil]

did you send one with your claim form ?

[SusanJAllen]

No, I didn't send one with my claim form. Sue

[Karnevil]

okay - you need to send on to the court named on your AQ form in that case - and copy it to the defendant - just request it be added to your claim file. Do it before the claim goes to the judge to be allocatrf (ie. Now lol) remember to write your claim ref etc on it.

	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

[SusanJAllen]

Thank you Karne......I'm on with that now. I will notify the forum of my progress.

Kindest Regards
Sue

[jonni2bad]

Notified as being settled in full 05/02/07

CONGRATULATIONS