Barclays Bank - Court Date 25th October **WON**

[johnfower]

I have now started action against Barclays. First Step has now been taken:

Data Protection Act request sent on 21/04/06. 40 Days to comply.

[kaznelson]

Brillant

[johnfower]

All statements arrived on the 2nd May (Very Quick!). 695.00 Owed from the whole 6 months. I hope they refuse the refund so I can get the extra hundred pound in interest - hopefully their fools like Abbey and will refuse.

In process of sending out Letter Before Action.

	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

	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.

[Overdrawn]

Originally Posted by johnfower

In process of sending out Letter Before Action.

You need to do the prelim letter first...or have I mis-read you?

[johnfower]

I've already got all the figures which is why Im going straight in with letter before action. Ive done this with Abbey and gotmy cheque. Just skipping a few days.

	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

[Don Quioxte]

Originally Posted by johnfower

I've already got all the figures which is why Im going straight in with letter before action. Ive done this with Abbey and gotmy cheque. Just skipping a few days.

skip at your own peril John... but you might not be dancing at the end of it..

My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

Stick with the format.. prelim, LBA, file - watch the enemy fire blanks.

	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

[johnfower]

Originally Posted by Don Quioxte

skip at your own peril John... but you might not be dancing at the end of it..

My advice would be to not get over-confident because you are familiar with the process, or have received a positive outcome from another lender..

Lawyers go to Law School for a long time and command sickeningly good salaries, cos the Law is a complicated and powerful institution..

if you've got the courage (which you clearly have) to fight a battle on unfamiliar territory, then at least ensure you don't provide the other side with the ammunition to shoot you in the gunfight that might result...

Stick with the format.. prelim, LBA, file - watch the enemy fire blanks.

Further to the above advise, I will now send Barclaycard the prelim letter

[Don Quioxte]

nice one.. keep us posted..

[johnfower]

Prelim letter posted today giving them 14 days to reply. Letter before Action is ready to send after the 14th day. I hope they refuse the refund then i can claim an extra 100.00 in interest.

	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

	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.

[johnfower]

Standard letter: Sorry youre unhappy, we will deal with this by 12th june. They have until 20th May before I send LBA

	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

[Don Quioxte]

Yes Barclays seem to have this rather annoying habit of simply replying to Prelim letters and LBAs with standard complaint letters and leaflets.

relly quite infuriating.

i've just received notification that they will defend my claim in court too.

Don't be surprised if they reply to your LBA with almost the same letter you just received... it's damn frustrating.. but I really think that patience is the best policy in this scenario!!

	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

[johnfower]

Since their standard letter saying they will deal with in next century, they havent replied. The time is up with the prelim letter, off goes the letter before action.

	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

[johnfower]

The deadline was 4th June for the LBA. They replied the day after my deadline offering 50%. Obviously refused and claim started (on moneyclaim website) as from 5th June.

	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

[Don Quioxte]

sounds good

be prepared for claim to be both acknowledged and a defence submitted.. see my Barclays thread - you may want to consider calling Barclays once the clim is acknowledged to discuss "without prejudice" terms of full settlement... Also read some of the posts in the keith Jeremiah thread - should provide you with encouragement...

[johnfower]

I've just had a quick look on money claim website, and im suprised. Barclays acknowledged the claim 4 days after i filed the claim. Very quick! Abbey were allot slower.

I expect to hear from them between now, them filing their defence and getting the allocation questionnaire thru. They made an offer of 50% so im hopeing that they will offer the full 100% shortley. I shall keep updating this post, just like the others I have done.

This claim is not actually mine, it's my mothers and I have encouraged her to take action, I have done everything for her and shes read thru everything and signed the papers etc. (unlike the Abbey claim and Barclaycard claim which are both mine)

	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

[johnfower]

Barclays have entered their defence on the 7th July but theres an issue in their defence im concerened about:

The claimaint has failed to identify what action they wish to take

(not the actual wording but thats what they said)

Also i've just noticed im claiming an extra 17p than what i should be. How do i change this? or doi leave it and hope its not spoted or changed the figures on the spreadsheet and hope they dont check it?

Is this a usual tactic? Also Ive send my Keith Jeremiah 2 emails to try and settle without prej... terms but he's not replied (3 days later). Does this case look like its going to court? I have until the 26th July to send the allocation questionnaire.

The wording i used in the case was:

throughout the last 6 years I have been
charged £695.00 in fees or charges which
contravenes the 1997 Unfair Terms
(contracts) Act and The 1999 Consumer credit
Act.
I requested the amount to be refunded on
the 6th May 2006 allowing the defendant 14
days to refund these unfair charges which
was refused. A Further 14 days was allowed
and they failed to meet the deadline.
As Barclays Bank PLC have failed to comply
with my request after allowing 28 days to
refund the amount, I must now take action
against the bank to recover the amount
owed. As allowed by the County Courts Act
1984, I shall now claim £695.00 + 8% APR on
each of the charges + the cost of the court fees incurred.

	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.

[johnfower]

Currently filling in the allocation questionaire, unsure on section g, does anyone know if you can leave this blank or is it best to put something in?

Section g, Please give any additional information to help the judge etc

[johnfower]

Sent the questionnaire off with section g blank. I have been in contact with Keith Jeremiah via email, he wanted to know if we could talk terms etc and i told him i would not settle for anything less than the full ammount. Ive not heard from him since (just over a week ago)

[quin1962]

I emailed Keith Jeremiah two days ago and heard nothing yet, my allocation questionnaire needs to be in on 2 Aug. Did you phone Keith after emailing him?

	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

[johnfower]

I did yeah but his PA said he was in a meeting, ive emailed him a few times with no reply. As an update, the Allocationg questionnaires have been sent off and a court date has come through for October. Although I was told the date by my mother (its her claim) i cant remember if she said 25th or 26th October, but at least you get a picture lol.