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The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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
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.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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.
If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!
[B][FONT=Trebuchet MS][SIZE=3]The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.
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Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07
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.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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!!
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
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.
Hannah - no update on here for a while, hows your claim going or are you also restricted on what you say?
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
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!
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
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.
Apologies to people who I was in the process of helping, I may be gone some time.
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?
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?
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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?
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.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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.
Apologies to people who I was in the process of helping, I may be gone some time.
Can I take B/C to court? **I CAN, AND I WON!!!**
' 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?
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Originally Posted by johnfower
