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About DRE2076

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  1. Hi, there is a drain on the road about 2 meters from the end of our driveway, it is slightly above the level of the road and so when it rains the water builds up around the drain and floods our drive, this has caused it to sink where the car is parked on it. Only the wheels on the side that is flooded has sunken, not the others. Our waste water is supplied by southern water and I have contacted them several times over the years but no response or resolution of the problem. What can i do? Thank you for your help in advance. Kind regards, Andre.
  2. oh well, just have to hope that it doesnt go all the way to the lords that may take years!!
  3. its been a while for me on here as i thought it was a case of wait for the oft case to go through. but from reading alot about the courts staying and such, which tunbridge wells is, some people are writing letters and getting cases through, where can i find this letter and is it working?? anyone?
  4. Tunbridge Wells County Court staying claims too, my claim submitted in july and is stayed until test case resolved
  5. received a letter today from Barclay’s stating that they believe their charges are legal and that as they and other banks are in court with the OFT state that they will petition for a stay until the OFT case has been resolved! Am i right in thinking that this is more scare tactics from Barclays? And if it goes to court then it goes to court!
  6. Does the recent news regarding the OFT taking the banks to court over bank charges mean that banks and court dates be delayed? I thought the OFT started that in MAr 07 and we wont hear anything till end of year!
  7. as i stated the claim via letter last year in 2006, i made a claim for charges back to 2000, can you only claim for charges after 2001? and can i claim for any charges up to date if any as its been so long since the claim started? yet again, another simple question sorry!
  8. cheers 'saintly 1' i'll wait to see if i get sent one! on the points where B's says the charges are lawful and under the T&C's, if it does goes to court and the judge were to question me then my arguement would be to rattle off the OFT and other sources that state the charges are too much yeah? sorry for stupid question, just want to be certain!!!
  9. on the court cover letter (from the moneyclaim website) it states- 'it is ordered that - 1, the filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.' point 1 of the bank defence goes on about the POC do not provide details of the precise charges etc
  10. a questionaire will be sent to me be as per the 'dispensed' on the defence details or do i have to print one off?
  11. update- Barclays defence: 1, POC do not provide details 2, POC are summary in nature 3, The defendant is entitled to charge the claimant for unathorised borrowing as per T&C's 4, The defendant's T&C's give the claimant a fair and transparent view of the terms and charges applicable 5, the charges are what the claimant agreed to pay via the T&C's 6, the charges are not in breech of the unfair terms in consumer contracts reg 1999 7, therefore, charges were not unlawfully debited 8, charges were incurred when the claimant went into overdraft without agreement 9, the charges are lawful enforceable 10, if the charges is incorrent then the claimant cannot claim for any charges before 2001 as per limitation act 2001 these are the defence points! apart from resubmitting the POC's and bank charges with the questionaire when it arrives should i be doing anything else or be careful in anyway?? any help welcome!!
  12. i've seen this post for an amended POC, do you think its enough or needs more information? AMENDED PARTICULARS OF CLAIM Claim Number: Claimant (including ref.): Defendant (including ref.): Date: 1. The Claimant had an account (insert account number) with the Defendant which was opened around September 1998 and closed around October 2004. 2. During the period (put in the dates of the claim period) which the Account was operating the Defendant debited numerous charges to the Account in respect of Total Charges when debit balalnce exceeded specified overdraft limit, Recall S/O - D/D, when cheque/direct debit payment was returned because the overdraft limit had been exceeded. This purported a breach of contract on the part of the Claimant and therefore was also charged interest on the charges once they had been applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £1002 and any interest charged thereon amounting to £xxx.xx; b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 25th August 2001 to 2nd March 2007 of £286.90 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.021%. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982). I am the claimant - I believe that the facts stated in this claim form are true. Signed: ______________________ Date: _____________________ Claimant
  13. i got the court claim details from moneysavingexpert.com and changed the details for the bank particulars etc!
  14. Hi, i'm in the same situation - barclays are holding out and they have put up a defense to my claim! but from reading around it still may not go to court as the defense is based on 1, trying to scare you and 2, going to make you an offer because they're are not happy with the way the interest is calculated! I'm preparing for court from the information in the zip file on the main page, as it states its not a comprehensive list! Below is the link thats found on the consumer library> bank templates library. http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=296&d=1174895919 so far no bank has turned up, but it seems on the odd occasion the judge is cross examining the claimant and people have lost if they have no evidence or paperwork! good luck n keep us posted! DRE2076
  15. Hi all, I'm a new one! I'd just like to say that I didn't come here first to the CAG, I just took on the bank from the information from the money saving website. The bank in question = Barclays Amount of charges for being overdrawn etc = £2905 Action started = Letter sent to request charges Jan 2007 I started off asking for the bank charges back and after about a month received a reply offering £1000 settlement. I refused the amount - that offer was purely offensive! I sent another letter refusing the offer and re-requesting the bank charges. 2nd offer of £2000 made by bank. This was more reasonable but it was almost £1k less than the total amount so I refused the 2nd offer. Sent two letters requesting bank charges or I’ll escalate to court proceedings. No reply after over a month. Maybe waited too long? I sent recorded delivery letter restating request. No reply!! On telephone call was told that no letter was received although royal mail had confirmation that the letter was signed for. Proceeded to claim £2905 bank charges, £700 interest and court fees of £120 totalling £3800 through moneyclaim.gov website. They acknowledged the claim and then have made a defence. I am waiting for the details to come through. I’m preparing as much as I can with the aid of this site to the money back!! Any advice is definately welcome!! Good luck all!!
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