The unauthorised overdraft was made up entirely of bank charge interest, so according to the guide it forms part of the figure I can claim. There was never any authorised overdraft. I wasn't sure wether (1) and (2) were referring to different parts of the total claim. I'll put the same figure (with OD interest but without s.69 interest) in both of those. I understand (3) and I just deleted (4). IMHO the test case will totally absolutely definitely be found in the bank's favour, without a shadow of a doubt. Banks run this planet, Novus Ordo Seclorum and all that. Though, if the judges have half a moral testicle between them, hopefully they will still allow claiming of older charges that were accompanied by "blah blah blah to cover our costs" letters. I've kept all of mine. Thanks again for your help slick!

Please excuse my continued thickness! Could someone with ahead for paperwork clarify the following bits? I'm nearly there and I'm hoping to get the peperwork in tomorrow. -------------------------- 15. The Bank wrongly debited the Account with Charges totalling some £[is this just charges -or- charges plus interest taken by the bank?] between [Date of first charge] and [date of last OD interest taken before account closure?]. Particulars appear from Schedule 2. 16. On [ date of your preliminary letter (my prelim sums were goofed and same for first LBA but the last LBA was correct, will that matter?) ] the Claimant demanded repayment of the sums wrongly debited. 17. The Defendant has not repaid them or any of them. And the Claimant claims: (1) A declaration that the sums totalling £[ Charges AND OD interest, or just charges? ] have wrongly been debited from the Account (2) Payment of the said sum of £[ is this just the OD interest if its just the charges above? ] charged by the Bank thereon. (3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £[s.69 Interest total as on the spreadsheet], and at the daily rate of [ daily s.69 rate ] until judgment or sooner payment. (4) Court costs of [ I'm on jobseeker's so I don't have to pay the fees, so do I put zero here or what it would have cost me, since Barclays will probly be paying the court for wasting its time?]. I believe that the facts stated in these particulars, comprising of X pages, are true. Dated today Signed ME! ------------------------ How long do you think it will take to get me cash? I'd really like to be able to afford some sort of xmas this year...

Cheers for that slick, wasn't 100% sure. I missed that first link when I trawled for pages to save (my net connection is iffy). The DCA's have been stupid and still sending the odd letter, final demand, settlement offer etc but not what I'd call hounding. The last I heard from WCS was a hand-filled form letter offering me a 50% discount for settlement. As if! I've kept all the letters so I'll claim for harassment. I'm using all this Barclays bother as a practice run for when I (fingers crossed!) turn HBOS into the next Northern Rock. OTOH The 6 to 8 calls a day (and night) from Haliprats that I was unable to block with BT's Choose-To-Refuse... That was hounding and effed my head up badly. If it weren't for the rock solid mates I've got then I probly wouldn't still be here. HBOS "high and mighty" will get what's coming though. What's interesting is that WCS is sending correspondence to an address I'm currently living at in Brum, even though I've always used my other address in London for the Barclays account and correspondence. Ali

Well I've sent off an updated LBA (I goofed on some of my sums) about a fortnight ago, just got to fill out the N1 and send that off to the court tomorrow. Am I right in thinking that I file a claim for the charges plus overdraft interest taken by Barclays, but NOT telephone and postage costs? As I understand it I put that lot in a Wasted Costs Order...?

Ideas or comments anyone? I should mention I've sorted my assets out so I've got absolutely nothing to lose even if I end up bankrupt, so I can go hell for leather to really punish them, and I'll probably donate the whole claim amount to the site cos by the time I get the cash I won't need it anyway. Haliprats really have kicked themselves in the gonads this time!

Here goes, I've got all the info I need, which is full statement histories of: Current account (root cause of my troubles) from £10 Data Protection Act request, arrived as a wedge of letters. Credit Card - Asked on phone, printed records arrived with covering letter from Melanie Smith, Team manager, customer service. 2 Personal loans - Popped into local branch, girl pulled them up on computer and gave me printouts there and then. A leaflet outlining current account charges. Now here's what I'm wondering: 1) As I'm about to tot up the bank charges on the Current Account and Credit Card, would the principle of "reciprocity" (seen here: http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html) allow me to include interest at the EAR of 29.8% (current account) and 26.75% (credit card cash advance) on their unlawful charges from the day they were applied? I can probably tweak the spreadsheet myself. 2) I suffered months of HBOS harassment but I have no record of the calls, although I may be able to get a record of my attempts to block them with BT's Choose To Refuse, before I changed my number. Can I get records of calls to me from HBOS under the DPA? Their telephone provider will have kept them even if they plead ignorance. Or should I go to the cops? Or something else? 3) Due to the bother with the Current Account, I was NOT sent a replacement Credit Card AND got an interest rate increase! Can I claim the card balance at the expiry of the last card as the total owed, minus the charges, since they were no longer providing the service to me, through no fault of my own? I'm not much of a brainbox so a lot of the long legal stuff goes over my head, but I do my best...

Debt Managers Ltd - Barclays Nothing extreme as I used my old address and have already written to them (confirmied in a phone call to them that I even itemised in my prelim to Barclays) but they sent another letter so I gave them a terse but civil call today (which will be added to the L.B.A.!) warning that any further foolishness by them will have the matter handed to their local plod.

I wish I'd known this was free to do about a year ago when the halifax started chipping away at my mental health... I just called BT and asked for a new number because their call barring system did not work against calls from the halifax: BT lady: "Certainly sir, you new bumber will be BLAH BLAH and will be activated within 48 hours." Me: "No charge?" BT lady: "None at all sir." Simple as that! Of course, it was relatively easy for me in practical terms since there's only a few people I communicate with on my land line, but I wish I'd known it was as simple as just asking!

Thanks for that I just hope the court summons finds its way to me in time as I had to use my old address for the account. I wrote to DM and they acknowledged the letter in a subsequent phone call so they have no excuse. I was sure to itemise the 34p for a stamp and the cost of the call in my letter to Barclays!

The sum they are claiming I owe includes the interest they charged, so I have to include it to make the sums right. It was itemised on my statements so I just included it like any other charge, and in my case the overdraft is made up entirely of their bank charge foolishness. I've got a honking great mortgage payment in July and I'm hoping this will be sorted soon. Otherwise I'll be out on my arse, and i don't fancy that in this weather...

I didn't add the 8% interest in the end, much as I wanted to, and I am sending it be recorded delivery. The interest mentioned is that taken by Barclays themselves.

Got the Preliminary letter done, based on the template, and sending off tomorrow with the schedule of charges not including interest. Here's the juicy bit:

Many thanks saintly_1 I just updated a few bits I'd downloaded before. I'll be working stuff out and looking around... I know it says I can't add the interest unless it goes to a court claim, but i want to anyway. I like hurting banks!

Here goes! I've finally got the statements through the post after much arsing around: Called Debt Managers (who are trying to collect on behalf of Barclays) and was told that I would have to write to them, for them to pass the letter on to Barclays and obtain statements on my behalf. Partial statements received, with a note saying that I would have to pop into my local branch. Into the branch, lady was as polite as she was useless, so puts me on phone to "advisor" at head office with _severe_ stammer. Thats no reason not to employ the fella but ffs don't stick him on the phones! Good job I wasn't on a parking meter. Return to the lady, saying HO was no help, she gives me another number to call, which I do when I get home, and hey presto full statements are sent out, no charge! I only opened to the account in June '06 so it shouldn't take long to enter the charges into the spreadsheet. Learning to make the spreadsheet might, but I used to be a programmer so it can't be that bad! I'm using OpenOffice (.org) and I've got a good few coffees inside me and DJ xplizit bangin out the stereo What's the most interest I can get away with charging? Considering it's only a couple of hundred they owe me, because the 600 odd they say I owe consists entirely of charges. Plus they would want to avoid court costs and I want to shaft them good and proper! I also need to stop Debt Managers taking me to court in the meantime, cos they won't listen about the fact that it's Barclays that owe ME money!

Hi, I'm a bloke of 24 (25 on Tuesday!) living in West Bromwich. I've been getting hell from HBOS since I joined, and more recently Barclays, but had other stuff to deal with and their harassment drove me back into depression and alcoholism (just the one box of wine a day though, nothing major) so I hid myself away. Anyway all that's in the past and I'm fighting back now! Err... Dunno what else to add now so I'll go make a few posts in the relevant forums. - Ali