Thread: Maria v Barclays ***WON***

Hi, thanks for such a great info website, it is great being able to stand up for our rights with help and support.
I have just recieved 6 years worth of Barclays statements, with my £10.00 returned, very quick they were too.
I am a bit confused about exactly what charges I am claiming back, but here goes, looks like I'm in for a long night.
Any tips would be welcome
Regards Maria

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Has anyone had there bank account closed by Barclays following a successful claim?
As a precaution I have opened another account, just in case, but I was wonder how common is it that you have to change banks.


Thanks
Maria

Hi Maria.

To date i haven't heard of any account closures with Barclays but i did read a thread somewhere after somebody had won their case Barclays sent a letter saying that anymore misuse of their account then they would close the account.

Argyle..

Thanks, that is encouraging

Hi, all, I have my statements and will be sending the pre-lim letter tomorrow, will keep you all posted.
Fingers crossed
Maria

I have recieved a response to my prelim, in less than 4 days, they say the usual stuff, ie sorry you have cause to complain etc. They state that they will have an answer by 20/09/06. However the 14 days is up 5/09/06. I intend to go ahead with the lba letter on the 5th. After all, they don't give me the right to set my own deadlines when they want their money!!!!
All so am I right in thinking that because I have 2 accounts with them I am persuing the money they took in 2 separate claims.
Maria

In in total they are less than 5,000. The reason I ask is that Barclays have only sent 1 reply letter, so I wonder if they are putting them together, or the 2nd letter is in the post.

I sent 2 seperate letters, 1 for each account.

I have already sent the prelim letters, can I merge them for the lba letter?

Hi,
yes both accounts are in the same names.
Yes both are with Barclays
and yes I have sent 2 prelim letters, One for each account.
thanks for your help, I wonder if I should merge them for the lba, otherwise it would mean 2 court actions.

Thanks for your help

Hi, I am suing baclays for charges levied on 2 accounts, all I have had from Barclays since commencing this process is 2 letters delaying when they will respond to my prelim and nothing to my lba, so now I am going ahead with court action,this is what I have put in the MCOL form.

I am claiming unlawful charges taken from
two accounts held with Barclays Bank over
the last six years. Sort code ** ** **
ACCOUNT NUMBER: ******* and ********* total
of £4620.00 plus 8%interest 1050.95 Grand
total of £5670.93.

Question 1: is this what I should be putting in the particular of claims box on the form?
Question 2: as the 2 accounts put together are amounting to more than £5,000 should I list them as 2 separate claims to keep them under this figure?
Question 3: stupid question, but when I file the claim I post a thread on the litigation forum, how do I PM a mod, what is PM?
thanks
Maria

Hi Maria.
Here are the words i used for putting in the claim on Moneyclaim:

Claimant has a bank account no. (put account number) with the Defendant on the (put date),and conducted on their standard terms and conditions.Claimant is claiming the return of £. . . . .taken by Defendant in the form of overdraft Excess,Unpaid Direct Debits,and Unpaid Cheque fees.The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.Defendant has declined justification of charges despite repeated requests.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (date to date on filing claim) of £. . . ,and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £. . . .

This just fits in the Moneyclaim box.
To PM a Mod is just to send a private message to them with your details.
Mods i have seen are.BARACAD,BOOKWORM,JONN I2BAD.
I recommend that you split the claims as they look like going over the £5000 total for small claims,but it has been done over £5000 before.

Hope this helps
Good luck

Ukaviator

thanks this is really helpful, your wording for MCOL is very professional, thanks again