request for DPA Account now to be closed

[essjaysea]

I cant see anything in their defence that is much different from all the others I have read, so I shouldn't worry.

I received their defence yesterday (see SJC v Woolwich). Believe me, they are just going through the motions - they have no intention of defending the case in Court, but they have to look as if they are treating the matter seriously, otherwise the Courts would, in all probability, just throw the cases out and enter judgment for the Claimants. They are simply playing a waiting game in the hope that we will all settle for less; lets face it, by the very nature of the claims we are all making, most of us could do with the money!! They realise this, and by spinning things out as long as possible, they calculate that we will settle for less, just to get the matter resolved.

If they thought that their defence was solid, there is no way on earth that they would have made the 50% (or less) offers in their first reponses to the preliminary letters we sent.

If you can afford to hang on, my advice would be to settle for no less than 100%, including interest and costs. I have no doubt that they will concede eventually.

Good luck!!!

	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.

[morgan054]

Hi Moonie, Relax, Deep breath, looks like the standard defence as I've read previously on someone elses thread, i'm sure some one of more experience will reply in due course, spend some quality time reading related posts and you will find references to people in the same situ as you and discover similar defence letters. Hope this helps you

[moonie]

Thanks for taking the time to look and respond. Sometimes it's just nice to get someone else's opinion, just in case I've overlooked something. A fresh pair of eyes is always welcomed.

I shall now fill out my AQ.

[Bookworm]

Yep, exact copy of mine. Except mine finished 1/2 way through a sentence, lol.

Bookworm v Barclays - **SUCCESS**

"strict proof of charges". If you haven't yet, make sure you send a schedule of charges to the bank, include a copy in your AQ.

Section G of your AQ: "I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

Send a photocopy of your completed AQ to KJ at the same time as the schedule of charges, so he knows you are asking for disclosure.

Then, sit back and wait for a court date.

	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

[moonie]

OK following Bookworms advice .. AQ returned to court with Section G filled in and a copy of my charges on 17/8/06

Copy of AQ sent to Barclays with attached list of charges 18/8/06.

I'm now going to put together the documents for court so everything is prepared and ready to send in good time.

	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

[darth_peanut]

ok if i need to send a Data Protection Act letter, whats the address i send it to please guys???

[moonie]

I've received an order from the Judge asking why he should issue disclosure in this case and what documents or class of documents do I wish to see. Once he gets these he'll consider whether to allow it.

I REALLY want him to do it .. so I need someone's help.

If anyone has any idea how I respond to this request I'd be grateful. I've had a look through loads of threads, but as the forum is growing it's becoming increasingly hard to put my finger on the relevant information.

Response needed by 12th September.

[essjaysea]

My suggestion would be to ask the Judge to order the defendants to provide a detailed schedule of costs that they have incurred as a result of your breach of the terms and conditions of the account, so that the Court can assess whether or not the penalty charges are lawful.

[moonie]

Thanks essjaysea I appreciate your advice.

It seems that as this forum grows bigger the help and advice is being spread ever thinner and finding information relevant to what you need is like looking for a needle in a haystack.

It's beginning to seem that the further I go with my claim, the more alone I feel.

[austenpowers]

Moonie, I'm afraid I can't offer you any advice as you are a few weeks ahead of me, but I want you to know that I am here supporting you and hoping you get a speedy settlement. I know exactly what you are saying about the forum as I have asked a couple of questions lately and they have gone unanswered, but it doesn't mean you are alone. There are plenty of us out here rooting for you.

Have you replied to the Judge's Order, or are you still needing help? I was going to suggest maybe send a PM to Bookworm as they seem to be extremely knowledgeable when it comes to the legalities?

[rogerebaker]

Im at the same stage as you. My papers need to be with Barclays and the court by the 11th Sept. Im going to deliver them by hand the next few days. Bookworms link in a previous thread has some useful advice on what to include in the papers.

Regarding disclosure all you want is a breakdown of how they justify their costs. If their charges are a true reflection of their costs at some stage someone somewhere must have got a calculator out and worked it out. Thats what you want disclosing.

providing you do everything correctly Barclays are going to pay what they owe you. If you look at it from their point of view theres absolutely no benefit to them by paying up early. They are probably charging you more than the 8% interest so are making a profit with every day that goes by and theres a possibility that you will loose your nerve.

Stick with it, keep your nerve and look forward to the payout and when they try and add conditions on the payout tell them to get lost.

rog

	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.

[moonie]

thanks for the replies.

I've now received another letter from the court and this one states.

In view of the Claimant's letter the court is considering directing the Defendant to produce information/documentation clarifying how the particular charges deducted from the claimant's account have been calculated. That, in turn, is likely to inform any decision that the Court is called upon to make as to whether the same constitute a penalty and/or are in convention of the Unfair Terms in Consumer Contracts Regulations. Any response from the Defendant in relation to the claimants request by 4.00pm on 13 October 2006.

That sounds pretty cool to me !

[austenpowers]

That does sound good doesn't it Moonie? I would suggest you may well get a call in the not too distant future, at least before October 13th in any case!

[ampersand]

Originally Posted by moonie

Thanks essjaysea I appreciate your advice.

It seems that as this forum grows bigger the help and advice is being spread ever thinner and finding information relevant to what you need is like looking for a needle in a haystack.

It's beginning to seem that the further I go with my claim, the more alone I feel.

Hello moonie-
I'm still at the early stages(question posted in A&L thread), but just read your post and wanted to say-
Alone you are not!

[moonie]

Well my claim against the woolwich is still dragging on, but the light at the end of the tunnel is getting brighter.

Today received notification from the court that the Woolwich/Barclays have until 14th November to serve a statement setting out how the particular charges in question were calculated and otherwise quantified.

And the hearing date is set for 29th December, so the money may not arrive in time for xmas, but it looks like we'll have a good start to the New Year.

[ampersand]

Hello moonie -
Thanks for keeping me up-to-date with your dogged quest.
WE ARE ALL WITH YOU, YOU KNOW - AND KEEP WITH YOUR AVATAR/I.D - there's a beautiful new moon out there tonight.
Go and look - EVERYBODY!
Although I'll also be posting in the A&L thread, I'll just let all and sundry know that I have just arrived back at house to find a single letter on carpet, part extruding, flap open. It is from the Bank, the glorious A&L whp say my account with them closes tomorrow. The PO sorting codes(don't know what the stamped PO print is called otherwise)shows 26.10.06 and the envelope has clearly never been gummed down. It contains.......wait, for it........last January's Bank Statement, dated 1 February, 2006.
I have still received absolutely nothing from them following THRICE submitted(twice by fax from Branch, at their request)DAR.
I will be in there again on Saturday - no chance this last fortnight as I've been covering for someone's hol.s @Charity where I volunteer(8-ish till 18h-ish at least).
I photographed this missive as it lay on the floor, then over, finally with close-up of postal sort date.
Upon which note I'll go and look at it again - by such moments is the memory bank enriched(and NO Charges!)

[moonie]

Well once again the banks show their contempt for not only their customers, but the Court as well. They've totally ignored the courts direction to supply a statement as confirmed in a telephone conversation with the Court.

I'm now going to take this weekend to bundle up my papers and send them to the court and the Bank. I might also take the opportunity of writing another letter to the court, confirming that I haven't received anything from the bank either and politely pointing out how the bank fails to recognise any jurisdiction in this land apart from it's own!