Thread: photman 52 v Barclays **WON**

Hi all,
have just received Barclays defence and an aq form
As my claim is below £1500 I take it I do not have to pay any fee, is that correct?

To be honest the idea of going to court scares the pants off me.
Would it be worth sending a nudge letter to their solicitors at this stage?
Cheers,
Photman 52

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Wait till you actually get a court date before attempting to contact them

To be honest I've just found this site and its been a great help already.

Thanks saintly_1 I'll wait...

Nothing in the covering letter regarding fee only a note in the guidance to go to hmcourts website.
thanks
Photman

Hello,

Have just received my court date 1 Aug 07
I intend sending Barclays a nudge letter in the next day or so

Can anyone help with court bundles I'm trying to assemble them now

cheers

Photman

Hi

thanks for your prompt response..

Diary of events as follows

26th Jan07 asked Barclays for Statements

Sent letter asking for refund of charges 20 Feb £740

March ??? Received offer for £360
chose to ignore letter!!!!!

Sent court papers issue date 22-3-07

Received defence papers (will forward details later)

Contacted CAG

24 May Received aq Form

4 June Sent AQ Back

30 June Received Court Date

sorry some of date are missing details are at home (doing this at work...)

hope this helps

Photman.

I'm going to send a nudge letter is this a good idea??

Photman

Thanks Saintly_1
Do you mean send the Nudge letter as e-mail to Dino???
Or e-mail him and ask his advice etc

Thanks again

Photman

First 3 points in Barclays Defence


1. The Particulars of Claim do not provide details or particulars of the precise

charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for

unauthorised borrowings (whether unpaid fees for returned cheques. "Paid

Referral fees" or any other such fees). the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by
reason of its standard terms and conditions. The Claimant accepted the same
when the account was opened. including (in particular but without limitation)
the following terms and conditions (which are summarised):
a. The Defendant's right to charge a "Paid Referral Fee" where the
Defendant pays an amount (either by compulsion or election) which
causes the account to become overdrawn - £30 per item (previously
£25).
b. The Defendant's right to charge an administrative fee if any cheque,
standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).
c. The Defendant's entitlement. if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

Thanks
Photman

Photman

Point one says you have not sent a Breakdown of charges. I am sure you will have but this is Barclays usual tactic. Send a copy of your up to date schedule of charges to both the court and barclays (recorded delivery)

Thanks Trucker,
To be honest I sent them a copy of the statements and an amount I was claiming back not a schedule as such, but its in the post now...
Cheers

Photman

Hi
Just putting my Court bundle together and have found a mistake in my schedule of charges its been rectified do I send the revised copy to Barclays and the court?
Bundle has to be in by thursday

cheers

Photman

PS
Contacted Litigation team but they couldnt help yet...

Unless it is a huge mistake I wouldn't worry. I over claimed by £60 against ltsb due to an error. They still paid up.

Thanks Broke Dave....