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Everything posted by essjaysea

  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
  14. Send DPA request, Preliminary and LBA to Clacton
  15. Once your claim has been filed, you are entitled to add the 8% interest to your claim. So if they make an offer before you file your claim (unlikely, but possible), then they will only offer to pay the basic figure without interest. I would strongly advise you not to call them prior to filing your claim. They have had plenty of opportunity to resolve your claim up to now, and have failed to do so.
  16. Yes you are correct in assuming that the spreadsheet (the schedule of Charges) should exclude the interest column Re the "Interest charges", you can claim these back if you can show that the penalty charges that were applied to your account put your account into overdraft, or increased an existing overdraft. If you already had an overdraft facility, then it can be tricky working out how much interest has been unlawfully charged, so most people dont bother, but there is a spreadsheet "Excel England Advanced" that will help you work it out
  17. Some more sub prime lenders Moneypartners Stroud & Swindon BS Lancashire Mortgage Corporation Cheshire Mortgage Corporation Mortgage Trust Accord Derbyshire Home Loans London Mortgage Company Rooftop UCB Victoria Mortgages GE Money
  18. Try this one ...this is the simple spreadsheet that works out the 8% statutory interest. Remember though that you dont include the interest until you file your court claim http://www.cag-files.co.uk/barracad/Spreadsheets/England/Simple-charges-calc.xls
  19. I have now started the process of claiming back over £600 in charges against the Woolwich that go back beyond 6 years. Before I issue court proceedings, can anyone tell me if there have been any successful claims so far, that involve only charges that are more then 6 years old.
  20. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Basically the court bundle is all the evidence you have to make your case against them. Evidence will include all your bank statements, (or whatever they sent you in response to the DPA request), showing the charges, the schedule of charges, all correspondence such as preliminary letter, LBA and any responses you have had from them, examples of case law, and statute law etc, that you will rely on to support your case. Each item should be indexed for easy reference, eg, if all the letters are in Section 2, in date order, then each letter would be indexed 2.1, 2.2, 2.3, etc, etc
  21. I had a very simialr call from Mr Lombardi, suggesting that his "colleagues" at the Woolwich could only identify £300 or so in charges, (my claim was for £500+). I referred him to the "bundle" which listed all the charges, and he said that he hadn't seen the bundle, but would see if he could find it and call me back. Within 20 minutes he had miraculously located the bundle and agreed to settle in full. Just another tactic in an attempt to reduce their settlement offer!!
  22. It would depend on the terms of the IVA. If Barclays accepted 55p/£1 as full and final settlement, and you have written evidence of that, then you shouldn't have a problem. If not, then they may be entitled to set off the 45p/£1 against what you are claiming
  23. You can claim back all charges that relate to unpaid items, such as cheques, DDM's, Standing Orders etc, unauthorised overdraft fees, daily charges whilst in unauthorised overdraft, also where they pay a cheque that is guaranteed by a cheque card, and any other payment they honour that exceeds your O/D limit, or puts you into O/D, all of which they will charge you for What you can't claim for is the account fees, eg Additions Account where you pay a monthly fee for receiving lots of "benefits", or anything where you have specifically requested a service, such as providing you with a bankers draft, or copies of statements etc
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