Can I take B/C to court? **I CAN, AND I WON!!!**

hannah2082 · 31st May 2006, 12:01

Barclaycard have basically said that their charges for me going over the limit were fair in response to my 'LETTER BEFORE ACTION' letter. The amount they have charged me is £120 for going over my limit six times. Can I get the money back? Preferably without having to pay any out?
Any help would be much appreciated. Thank-you

barracad · 31st May 2006, 12:03

Read the FAQs. There's a step-by-step guide.

Why did you send the LBA saying you'd take them to court if you weren't prepared to do it?

You've said you'll take them to court, so take them to court.

monkey_uk · 31st May 2006, 12:07

Hannah - as barracad has quite correctly explained, you MUST read the FAQ's.

You are [potentially] taking legal action against a multi national corporation with virtually unlimited funds.

Whilst it is entirely possible to sucessfully claim back unlawful charges, the task at hand should not be underestimated.

Take a good day or two to read the FAQs, templates and the legalities, as well as the rest of the forum (particularly the sections pertinent to your claim) and then take it from there.

hannah2082 · 31st May 2006, 12:14

Thank-you I'll read through them

hannah2082 · 1st June 2006, 15:51

Good afternoon - just to let you know that I've read through the FAQ's and a lot of the rest of the forum and have now filed a claim through through Money Claim On-line for £120 plus £19.20, (interest), plus £30.00, (claim), £169.20 so thank-you for helping me get started.

Fingers crossed.

barracad · 1st June 2006, 15:53

Good luck.

hannah2082 · 1st June 2006, 16:00

Thank-you!

johnfower · 16th June 2006, 02:51

Can you keep your file updated? I will be starting my Claim next Friday when i get paid. I hope you get your money back quickly!!

hannah2082 · 16th June 2006, 12:58

Quote:

Originally Posted by johnfower

Can you keep your file updated? I will be starting my Claim next Friday when i get paid. I hope you get your money back quickly!!

So do I!!! Nothing has really happened yet - Barclaycard has acknowledged my claim and is 'putting together a defense' - they have 28 days from the middle of last week - I'll keep you updated.

mahala · 16th June 2006, 13:27

I can't believe they're even bothering with the defense for £170!

hannah2082 · 7th July 2006, 17:47

Just to let you all know that my case has gone to the small claims court - I'll let you all know how I get on.

johnfower · 23rd August 2006, 10:57

Hannah - no update on here for a while, hows your claim going or are you also restricted on what you say?

hannah2082 · 24th August 2006, 10:31

Thank-you for your interest - nothing much is happening - my case will be looked at at the small claims court on the 2nd October - so I'll just have to wait and hope and see!

hannah2082 · 16th September 2006, 21:54

As I said before my case will be looked at at the small claims court on the 2nd October which is just over two weeks away - is there anything I need to take other than my statements and letters? Sorry for being so clueless

Bookworm · 16th September 2006, 22:06

Well, what are the directions from the court? What does it say on the letter you received from the court which also gave you the date of the hearing?

Please answer writing EXACTLY what the court's directions were. FAST. YOu're usually supposed to exchange all paperwork no later then 2 weeks before hearing.

hannah2082 · 17th September 2006, 13:31

It says, 'District Judge Jenkins has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.
The hearing of the claim will take place at XX.XX on the XX October 2006 at XXXXXX County Court, XX XXXXXXXX, XXXXXX. XXXX XXXX and should take no longer than 1 hour.
The court must be informed immediately if the case is settled by agreement before the hearing date.
Each party should deliver to every other party and to the court office copies of all documents (including any experts' reports) on which he intends to rely at the hearing no later than 14 days before the hearing.
The original documents shall be brought to the hearing.
Witness statements must be included in the documents served and filed'

But Barclaycard and the courts have already received all the paperwork I have so do I need to do anything else before the hearing. Are there any external reports that I need?

Thank-you everyone for your help so far.

barracad · 17th September 2006, 13:36

Quote:

Originally Posted by hannah2082

Each party should deliver to every other party and to the court office copies of all documents (including any experts' reports) on which he intends to rely at the hearing no later than 14 days before the hearing.

All the documents you intend to rely on need to be at the Court, and with Barclaycard (or their solicitors) by tomorrow.

Have you got all this prepared? Have you sent it to the Court and solicitors?

It's a bit late now - did you not read the directions when you received them?

hannah2082 · 17th September 2006, 21:13

Thank-you for your reply. They have everything that I have though - I've sent all the statements and letters to them. What I'm asking is - is there anything else I need to send? Are there any external reports or anything?

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