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essjaysea last won the day on September 15 2006

essjaysea had the most liked content!


122 Excellent
  1. As far as I know they have never attended a hearing
  2. I should go ahead and file; they dont usually up their offer until they finally settle prior to the court hearing date
  3. This is normal, nothing to worry about
  4. And if they add any charges after your claim is filed, then just add them into your spreadsheet and claim them when Barclays offer a settlement, which they will do prior to the hearing date
  5. I am an in a similar position. I am owed 600+ for charges from 1997 to 2001. I successfully claimed a similar amount for charges 2001 to date, and have started a separate claim. I am at the stage where I am about to issue proceedings, having received an offer for £300. Although the Limitations Act would appear to prevent you from claiming charges over 6 years old, there are exceptions written into the Act that cover deliberate concealment, and errors. In other words they must have known that the charges were unlawful at the time they started to apply them to our accounts. I cannot believe that their legal people would not have been involved at an early stage, and they would have known all about the case law and consumer law that existed at the time, so it is a reasonable assumption to make that they have in fact concealed this information, and therefore the Limitations Act does not apply. However, making that assumption and actually proving the facts are 2 different things, especially where courts are concerned. But on balance, I am prepared to issue proceedings, even though the ground is a little thinner, because I still do not believe that they will defend their position in court, and if by some miracle they do put in an appearance and successfully defend, all I will lose is the £80 court fee
  6. OK...just adapt the text to refer to Barclays...count up the number of successful claims against Barclays/Woolwich and use that figure...you could still use the reference to Peter Macnamara. I wouldn't necessarily mention your colleague's case as there may have been good legal reasoning behind that decision
  7. Looks fine to me...and you are right just to include statements that show charges, the others are not relevant to your case
  8. If it is an "either signature" account, you should be ok. Try sending a DPA request and see how they react.
  9. http://www.oft.gov.uk/NR/rdonlyres/DF19FDA9-1D31-4B18-B251-9BF5AF6A29D4/0/oft842a.pdf Yes it is the OFT statement on credit card charges. If Barclays are true to form they will probably call you about a week before the hearing date with an offer of settlement
  10. They are right. Limited companies are not covered by the DPA. But as you would have had to file annual accounts as a Ltd co, you should have all your statements anyway
  11. If its the statutory 8% interest, then you should not include this in your prelim letter. It only applies once you file your court claim
  12. Have a look at this link and apply to the court for the removal of the stay http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html
  13. Yes, ask them to pay you by cheque or even pay direct to your new account. The only time they might object is if your Barclays account was in unauthorised overdraft
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