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Would you like to clean up your credit file? Check it out | | | | | | | | Barclays, BCard and Woolwich successes **Existing Successful Claims Only *NO* New Threads Please** - Contact a moderator to move your thread |
31st May 2006, 12:01
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#1 (permalink)
| | Basic Account Customer | Can I take B/C to court? **I CAN, AND I WON!!!** 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 |
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31st May 2006, 12:03
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#2 (permalink)
| | Platinum Account Customer
Is your bank avoiding its debts Data disclosure poll Cagger since
: Mar 2006 I am in: (near) Stoke on Trent
Posts: 11,067
| Re: Can I take B/C to court? 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. |
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31st May 2006, 12:07
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#3 (permalink)
| | Platinum Account Customer
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Mar 2006
Posts: 1,186
| Re: Can I take B/C to court? 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. |
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1st June 2006, 15:51
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#5 (permalink)
| | Basic Account Customer | Re: Can I take B/C to court? 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.  |
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16th June 2006, 02:51
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#8 (permalink)
| | Basic Account Customer
Your bank owes you an awful lot more money than you realise See here Cagger since
: Mar 2006 I am in: Doncaster
Posts: 123
| Re: Can I take B/C to court? 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!! |
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16th June 2006, 12:58
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#9 (permalink)
| | Basic Account Customer | Re: Can I take B/C to court? 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. |
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7th July 2006, 17:47
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#11 (permalink)
| | Basic Account Customer
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Apr 2006
Posts: 29
| Re: Can I take B/C to court? 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. |
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23rd August 2006, 10:57
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#12 (permalink)
| | Basic Account Customer
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Mar 2006 I am in: Doncaster
Posts: 123
| Re: Can I take B/C to court? Hannah - no update on here for a while, hows your claim going or are you also restricted on what you say? |
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24th August 2006, 10:31
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#13 (permalink)
| | Basic Account Customer | Re: Can I take B/C to court? 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! |
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16th September 2006, 21:54
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#14 (permalink)
| | Basic Account Customer
Watch out, there are Claims Touts about! Cagger since
: Apr 2006
Posts: 29
| Re: Can I take B/C to court? 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 |
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17th September 2006, 13:31
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#16 (permalink)
| | Basic Account Customer | Re: Can I take B/C to court? 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. |
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17th September 2006, 13:36
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#17 (permalink)
| | Platinum Account Customer
Is your bank avoiding its debts Data disclosure poll Cagger since
: Mar 2006 I am in: (near) Stoke on Trent
Posts: 11,067
| Re: Can I take B/C to court? 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? |
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17th September 2006, 21:23
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#19 (permalink)
| | Platinum Account Customer | Re: Can I take B/C to court? Quote: |
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. |
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17th September 2006, 21:24
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#20 (permalink)
| | Platinum Account Customer
Your bank owes you an awful lot more money than you realise See here Cagger since
: Feb 2006 I am in: spired.
Posts: 20,742
| Re: Can I take B/C to court? 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.
__________________ Barclays: Won ~ NatWest: Won ~ Halifax (x2): Won ~ FNMF: Won ~ Barclaycard: Won ~ GHD: Won ~ Grattan: Won ~ GE Money: Won ~ Capital One: Won ~ Land of Leather: Won. APRIL 2ND IS WORLD AUTISM AWARENESS DAY Advice & opinions given by Bookworm are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. |
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