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mazda626

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  1. Hi There, Basically dont worry - I worried so much I thought about dropping the whole thing but Im more than pleased I didnt. I got most of my advise from the chat room on this website. Theres some really nice people who know alot about these things and they will help boost your confidence and offer really useful advise. To put this all into perspective only TWO people have ever lost so to the banks so far out of hundreds and hundreds of winners. Unfortunatly you will see that somebody did lose to the bank the other day - This will probably start to change things and you may have to take this into account ? Others may need to offer your advice on this as Im not really clever enough to work out the legal ins and outs ! My best advise would be to get yourself onto the chat room..... Jamie
  2. Hi John, As long as you stick to the time frames (I nearly missed my deadline and had to get a courier to take my docs to London!) the standard court bundle will be sufficient - I doubt if they even look at it anymore. Their defence is totally ridiculous and although it sounds a bit daunting its just meant to scare you off - I wouldnt worry about it. Within days of my documents getting to the bank (maybe it helped that a courier took them in as I think they thought I really meant business) I got a decent offer (£4700 - They owed about £5000) which I took. Its a waiting game but youre nearly there - The standard court bundle is excellent and just whats needed - Try not to worry - Its just a case of getting the bits in and waiting for the cash! Good luck (though you wont need it!) Jamie
  3. Hello mate - Starts getting a little more complicated from now but Ill try and help. What was the last letter you sent them ? Was it the Letter before Action?
  4. Just to keep you all updated (and maybe this might help somebody?!?) I have had a copy of the banks defence back today. Heres what it says. 1) the particulars of claim do not provide details of the account in question and/or the precise charges alledged to have been unlawful, or the date thereof. Notwithstanding the claimants failiure to correctly identify and particularise an account held with the defendant, it is admitted that the claimant has an account number ~~~~~~~ sort code ~~~~~~. However to the extent it is alledged that the claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fees for returned cheques, paid referral fees or any other such fees) the defendant puts the claimant to strict proof of each charge and the date thereof. 2) the defendants standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his/her authorised overdraft limit) 3) If and to the extent that it is the claimants case that the failiure to make necessarry payments and / or failiure to remain within authorised overdraft limits failiure to arrange an unauthorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes payments the claimant agreed to make by reason of the terms and conditions of his/her account and were consideration for the defendant advancing credit to the claimant which the defendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred overdraft. 4) Accordingly it is denied that the legal principles realating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further r alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair terms in consumer contracts regulations 1999 (particularly but without limitation to paragraph 1E of schedule 2) or are in breach of the unfair (contracts) terms act 1977 (or any other provision) or are unreasonable within the meaning of the supply of goods and service act 1982 (or indeed any other provision) 5) Therefore, it is denied that the charges were unlawfully debited from the account. 6) If and to the extent the claimant incurred charges on his account this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility to increase the overdraft facility and his/her failiure to make payments to bring the balance of the account back into credit. 7) it is averred that the said charges and interest are and remain lawful anf enforceable and that the defendant was entitled to debit the same. Accordingly the claimant is not entitled to a declaration by the court as to the enforceability of the said charges. 8) The defendant denies that it is liable to the claimant to the sums claimed and interest as pleaded by the claimant or at all. In the alternative which is denied, if the said charges amount to sums payable on breach of contract it is averred that the charges asserted by the claimant to have been applied to the account prior to 23rd August 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act 1980. 9) In the alternative and without prejudice to paragraph 6 above (which is denied) the said charges and interest or any part therefore are unlawful or unenforceble as alledged by the claimant or at all, the defendant has nonetheless suffered loss and damage as a consequence of the claimants breach of contract in allowing the account to go into unauthorised overdraft. Accordingly in the event that the defendant is unable to rely on its express entitlement to enforce the charges set out at paragraphs 2 to 3 above it will seek to recover to the extent necessary such loss and damage as it actually suffered which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant Statement of truth etc.....signed by ADrain ruffhead I would welcome your comments people as Im now really worried that they have a good case - Is this letter normal ? Whats does it all mean Now Im scared ? What next ? Thanks People - This website is fab!
  5. I heard that it may be better to use the old fashioned form instead of the moneyclaim site - Think there are pros and cons to both but I used the old fashioned form. Do read through everything - All starts getting a bit confusing from this point - DONT just drop it though - Im waiting for my court date now (barclays decided to fight it!) but think (and hope!) I will get an offer a few days before court. Try the chat rooms for advice as the people on here are really helpful!
  6. Cheers ! - guess Ill have to remain patient. Good things come to those who wait - Softly softly catchy monkey! All the best JAMIE
  7. Thanks ! Need the encouragement! How long do things take - When am I likely to get an offer/ refund ? When am I likely to get a date ? Thanks JAMIE
  8. Hi All, Just thought I would post a message detailing where i am with the claim - Have to thank this website for all of their help as well! Have gone through all of the necessary Prelims and LBAs etc with an offer of £1000 turned down (am owed about £4000) Served papers on the Bank (deemed served 26th August) and they filed an acknowledgement 5th Septemeber. As I had heard nothing I called the court this morning as the 28 days allowed (from date papers were deemed served) has passed and I had assumed I had won! Court advised me that Barclays have filed a defence and appointed asolicitor to fight it in court. Naturally Im REALLY worried about this but have read through all the info on the site so if it gets this far hopefully Ill be ready for them! Im rather hoping that anytime soon ill have have an offer or something back from Barclays but does anyone know whats likely to happen next? Should I be doing anything ? How long until things happen ? Im SCARED I wont get my money JAMIE
  9. Hi Marcus, Thanks for helping me out. Im stuck! I need to get the claim off today with Barclays. Do I need to TYPE out an N1 rather than complete on the PC? Also do I need to send the letter as sent with the link you pasted up for me?
  10. Thanks for that - You mention to make sure I send the LBA letter. Should I send that now with my partial repayment accepted statement or should I send seperatly at a later date ?
  11. Just thought Id introduce myself and try and get this site sussed out! I am in the process of getting my money back from Barclays and have so far got my statements and worked out they owe me £3895 (plus any interest if it goes that far!) I sent my prelim approach for payment and they got back to me today offering £1000 as full and final payment regarding the matter. Looking through this site (which is great by the way!) I see that I should probably accept that but not as full and final payment. Ive reprinted a version of their acceptance which now says I accept £1000 as partial payment and will pursue the rest now through the courts. Am I doing things right - I wonder if they will tell me to stick it. Any help you can give would be great as I want to get it in the post tonight. Lets see if this site works and thanks again for putting all this together - ABout time we all got our money back! All the best Jamie (mazda626)
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