Charlotte v barclays **WON**

[charlotte owen]

Hi, I have been reading everyones stories and i am so happy that i am not the only one out there suffering these terrible charges. I have read through the library and FAQs and am about to post my first letter requesting £550 overdraft charges back one of which i recieved yesterday. Am i correct in thinking i have to send my letter to the customer relations team not my local branch?
Wish me luck. Thanks for all the fab advice and well done to everyone who has not given up in getting there money back!!

	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.

[Spiceskull]

Good luck.

[charlotte owen]

Well the 28 days are up and barclays have filed a defence! I started the claim through moneyclaim on 22nd September and now it cannot be dealt with through moneyclaim anymore, so i am waiting for a date for court. (scarey stuff). barclays seem to hang on the longest don't they? Well when its all over my bank account will definately be moved elsewhere!! Good luck everyone else in this situation!
xx

[garyl85]

hey ive just started out wanting to make my claim not really sure how to go about it or where to start could you help me??

im with barclays aswell!!

thanks

Gary x

[livelylad]

Originally Posted by garyl85

hey ive just started out wanting to make my claim not really sure how to go about it or where to start could you help me??

im with barclays aswell!!

thanks

Gary x

Hi first read the faqs and threads in the Barclays forum. Secondly start your own thread that way you wont get lost in this one.

[jendoc]

Hi......You should now get an A.Q. along with a copy of their defence and this will of course set you back further expence. However I can assure you through personal experience that the extra cost and time involved will be well worth it in the end!......Best of Luck!

Jendoc

[livelylad]

Originally Posted by charlotte owen

Well the 28 days are up and barclays have filed a defence! I started the claim through moneyclaim on 22nd September and now it cannot be dealt with through moneyclaim anymore, so i am waiting for a date for court. (scarey stuff). barclays seem to hang on the longest don't they? Well when its all over my bank account will definately be moved elsewhere!! Good luck everyone else in this situation!
xx

Dont worry you will be fine.

[charlotte owen]

Thanks everyone! What sort of cost is it for the next stage? Is it depending on how much your claiming?

[livelylad]

Originally Posted by charlotte owen

Thanks everyone! What sort of cost is it for the next stage? Is it depending on how much your claiming?

Yes

County Court Fees

[jendoc]

Hi......in short......when returning a completed A.Q. if the amount being claimed is or less than £1,500 then it is free!..However if the claim is over £1,500 the cost is £100 which is of course returnable as part of your overall court costs when you win!

All other Court costs are via the link above in 'Livelylad's reply.

Jendoc

[livelylad]

Originally Posted by jendoc

Hi......in short......when returning a completed A.Q. if the amount being claimed is or less than £1,500 then it is free!..However if the claim is over £1,500 the cost is £100 which is of course returnable as part of your overall court costs when you win!

All other Court costs are via the link above in 'Livelylad's reply.

Jendoc

In the link if you scroll down it states the Allocation track fee.

[charlotte owen]

Thanks all ! Got the forms, have filled them in and it is free as my claim is a small £380.

Thanks again

[charlotte owen]

Well, i have got my date and it is the 21st December 06 at 10am which is much quicker than i had imagined it was going to be! Good old Barclays they keep going to the end don't they! I know it is probably a dim question but how will i know if they are going to settle out of court? What is the latest i will hear from them? Is it ever on the actual day?
I really hope everyone out there who is going through this process doesn't accept anything other than the full amount owed, just remember it's your money!

[MR ROB]

Great news charlotte, when did you first start your MCOL? I'm starting mine next week and was wondering time scales.

ROB

[Welshman]

Originally Posted by charlotte owen

Well, i have got my date and it is the 21st December 06 at 10am which is much quicker than i had imagined it was going to be! Good old Barclays they keep going to the end don't they! I know it is probably a dim question but how will i know if they are going to settle out of court? What is the latest i will hear from them? Is it ever on the actual day?
I really hope everyone out there who is going through this process doesn't accept anything other than the full amount owed, just remember it's your money!

It would be helpful if you keep your posts in your original thread sio that we can follow your progress Charlotte. I've arranged they are merged.

What Court are you in. Is it Cardiff? If so you'll probably find that it's a Directions Hearing, not the final one.

[charlotte owen]

Hi, thanks for merging my threads,
My court is Worthing in west sussex, it says it will take approximately 10 minutes? I really hope it doesnt go all the way But i won't give up!

[charlotte owen]

Well Blow me down with a feather !!!!!

As i sat at home trying to work out the court bundle a lovely letter from barclays landed on my door mat saying :-

As you can see from our defence, we consider your claim lacks meritand that it will fail ( i love that bit) in particular we disagree with your legal analysis that the charges levied to your account with barclays amounts to penalty clauses and are unfair. We do however, recognise that the sum at issue between us is relatively modest and as such, it is not cost effective for either party to take this matter to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are preppared to settle your claim upon payment of charges applied to your account, together with the statutory interest and costs totalling £380.00 subject to the terms set out in this letter.
This offer to pay £380 is in full and final settlement of your claim and is strictly without any admission of liability on our part. By accepting this offer, you agree that the existence and the terms of this offer are confidential between us. (Not likely)
If you agree to the terms of this letter please sign and return a copy of this letter to me (Celyn Evans Legal clerk) at the above address within the next 7 days. You will also need to notify the court in writing that you have dicontinued your claim against us. Please forward a copy of your letter to the court when you return a signed copy of this letter to us.

Should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

Do i have to sign this particular letter? I don't agree to not tell anyone! after all i just have told everyone! Ha Ha.
Also the £380 doesn't include any interest, i never asked for any but they have put in their letter they have included it. What should i do?

To everyone who is thinking of taking the pathetic offers they put out at the begining of the process DON'T ! Just give it a go, does this not show what they are all about? they push you to the very end hoping you will give in, and unfortunately lots of people still do!

GOOD LUCK !!

	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.

[charlotte owen]

Mr Rob

I started my MCOL on 22nd September so it has been a very speedy process

GoodLuck

[Welshman]

If you don't agree, send this letter

http://www.consumeractiongroup.co.uk...ent-offer.html .

Obviously you've already got a court date so amend the letter accordingly - maybe reminding them that your court date is just around the corner.

[charlotte owen]

Thanks for everything, without everyones advise i would never of attempted to get the money back. It is nice to know other s are in the same boat ! Good luck welshman i will follow your progress