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kaznelson

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  1. UPDATE - 22TH APRIL 2006 Received copy of their Defence. First mistake I noticed was in their original letter of the 2nd March 2006 (in reply to my request for my DPA) they state "I note you are claiming a refund of £3005, which is the total amount of charges you have incurred over the last six years" (this was their calculation) When I finally got the statements and calculated the amount it was £3319.50. So they got that wrong!! In their defence they now agree with my figure. The Defence reads "It is admitted that 1) The Claimant has with the Defendant an Additions current account, number X, with an authorised overdraft limit of £x. 1a) The balance of the account X as at 7/4/06 stands at £x overdrawn 1b) That the Claimant incurred bank charges in the form of unauthoised overdraft and Paid Referral fees totally £3435 during the period 2000 to 2006 2) The Defendant is entitled to charge the Claimant for the unaurthoirsed borrowings by virtue of its standard terms and conditions which the Claimant accepted when the account was opened. 3) a) The terms and conditions which applied to this account would be: "A Paid Referral Fee is charged when you go above your Paid Referral Buffer. You will not incur more than 3 fees within any monthly charging period". £25 per account per day. b) If you go overdrawn without agreement, or if you exceed your agreed limit we may return your cheques, standing orders or Direct Debtis. £30 maximum per account per day. 4) The charges the Claimant paid to the Defendant when she incureed an overdraft were payments which, under the terms and conditions of her account, she agreed to make. 5) Such administrative costs were consideration for the Defendant advancing further credit to the Claimant. The Defendant was under no obligation to advance the aforementioned further credit to the Claimant, and was entitled to impose the charges when the Claimant incurred the overdraft. 6) It is denied that the Defendants charges are unenforceable. It is further denied that under the terms charges were unlawfully debited from the CLaimants account. 7) In all the premises, it is averred that the Defendants charges are legally enforceable and the Defendnat was entitled to the charge. 8) The defendant denies that it is liable to the claimant for the sum claimed of X or at all. I am returning my Allocation Questionnaire to the Court with the additional fee of £100. I will also be faxing it and posting a copy directly to the Banks Legal Department. I am also requesting a copy of their T&C. Any suggestions would be grateful
  2. Keep it up and I'm glad word is getting around
  3. Viewed Money Claim Online and Barclays submitted a defence on the 20th April 2006. I am eagerly waiting the details
  4. They havent really addressed the issue of your claim that their Charges are illegal? Just because you have agreed to their T&C doesnt mean that their charges are legal and they can enfocre them! I am surprised how short & basic their defence is
  5. I'm not 100% sure but I am sure the bank are suppose to send you a copy of their full defence before the 28 days but keep us posted cant wait to see what they say
  6. I'd agree with Dickie, its just a case of holding your nerve. The bank will only pay out at the last minute, they might as well hang on to your money for as long as they can!! They will also be hoping that some people drop their cases as they are scared of the prospect of attending court. They could even turn up on the day of the Court Hearing and offer you a full payment before you sit before the Judge. Barclays have got 2 days to submit a Defence to my claim of £4k
  7. Good for you, keep us up to date
  8. Do you have details of their Defence? What reasons are they giving in their defence?
  9. Barclays seem to have a habit of doing this. Go through your statements again with a fine tooth comb and see if you can see any times they have repaid you your charges, if you have previously complained. If not stick to the figure that you calculate to be correct
  10. Any form of Litigation is drawn out - its just the banks way of hanging onto your hard earned money for longer. Dave - I wish Barclays would give in and give me my £4k back now
  11. Claiming this on behalf of my mum 9th March 2006 - Sent 1st letter inc DPA request 5th April 2006 - Received reply looking into matter Waiting for DPA details so can work out total charges
  12. Received details of my charges today. Sent letter requesting refund of all charges £170 within 14 days
  13. I dont know how you will go about this being outside the UK but if you have a look on the Moneyclaim website they may have some more info for you. Charlotte, You can inform them you are proceeding with your claim within 7 days and then go straight ahead and enter your claim All the details are in the FAQ's section. Good luck
  14. Reply back to them and reject their offer. (see FAQ's) Give them 7/14 days or you will proceed with the claim. Good luck
  15. You can claim just in one name & good luck
  16. All your queries are answered in the FAQ and Step by Step instructions. You cant go back a full 6 years via Barclays online bank so you will need to send your DPA request. Try and open another account in case Barclays did decide to close your account but dont let this put you off getting your money back, its legally yours!!!
  17. If Barclays havent supplied the actual charges applied to account and you have no way of finding this & you enter a estimate figure on your claim, Is it not up to Barclays to prove your information incorrect???? If they turn up in court rejecting the amount quoted, the Judge wont look lightly on this as you gave them the opportunity to supply this. As we all know the Courts favour it when we try and resolve any problems before hearing. I would work out the interested on the estimated figures on a average charge per month. But try and make it seem fair. That keeps the Judges happy. Wont it have to go to Fast Track if you go over £5k?
  18. Dont think anyone recently has received a large refund from the bank. There are a few including myself who have entered claims against Barclays. They are defending these or delaying these as long as possible. Just another way to keep hold of our money longer. Dont worry about it, just go for it. What they are doing is illegal and wrong.
  19. Its will probably be a complete waste of time. I phoned them and they said they would pass on the comments to their legal department. I then immediately submitted my claim.
  20. Even if you make your claim online the hearing will still be transferred to the Claimants local court. Its up to the Defendant to make the application to transfer to their preffered court and they must have extreme circumstances for this to be granted.
  21. They have got 40 days to send you the statements. From memory the 40 days was nearly up before they sent mine. All delaying tactics It wont do any harm ringing them and reminding them about the DPA rules
  22. Good for you and keep us all up to date
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