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

[hannah2082]

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

	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

[barracad]

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.

	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

[monkey_uk]

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]

Thank-you I'll read through them

[hannah2082]

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.

	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.

[barracad]

Good luck.

[hannah2082]

Thank-you!

[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!!

[hannah2082]

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]

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

[hannah2082]

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]

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

[hannah2082]

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!

	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.

[hannah2082]

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]

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]

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.

	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

[barracad]

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]

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?

[barracad]

Originally Posted by hannah2082

is there anything else I need to send?

Yes - You need to provide them with everything you intend to rely on at your hearing.

For example:

- copy of UTTCR 99
- copy of Unfair Contract Terms 77
- copy of the OFT statement of April 5th.
- your banks statements and all relevant correspondence to and from the bank.
- relevant case law summaries, Wilson, Dunlop...

This list is not exhaustive, just an example of some of the things you need to include.

[Bookworm]

Hannah, this is what I have put together in my bundle for my court cases:

-Index of pages (obviously!) (make sure all your pages are numbered so that each party can refer to them easily)
-Correspondence
-Latest schedule of charges
-Relevant statements
-Relevant Case Law Summary
-Early Day Motion from the House of Parliament
-Dunlop v New Gge
-UTCCR 1999
-UCTA 1977
-SOGA 1982
-OFT Statement Summary (3 pages, and nicely higlights the 36 odd pages of the OFT full report.

in 3 identical copies, one for the court, one for the solicitors, one for yourself, with the case number clearly showing.

This is the evidence YOU will be relying on to support your case, and you have to let the defence have a copy, in the same way that they have to give you a copy of what they intend to rely on to defend.