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  1. I have just received a notice of hearing, its an allocation hearing and its not until the 22nd May. It reads that the cout will consider fast track or small claims track?, disclosure of defendant's actual costs incurred, particularly in light of pargraph 11 of defence. Thier Paragraph 11 reads: 11. In the alternative, and without prejudice to paragraph 9 above, if (which s denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, the defendant has nonetheless suffered loss and damage as a consequence of the claimant's breach of contract in allowing the account to go into unauthorised overdraf. Accordingly, in the event that the defendant is unableto rely on its express entitlement to enforce the charges as set out 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. The way that I am reading this is that the court have (or will) ask woolwich to provide a definitive list of what it actualy costs them because woolwich have said that they do not want to pay me back the full costs and will try to get something, f they do this and they can only prove that it costs them £5 will this not be worse for them in the long run???
  2. I have today called the court and they have advised me that the N150 needed to be back on the 23rd, mine was but Barclays havent returned thiers, i looked on the HMCS website and i was reading in to fast track claims and it says that the judge cn still write to them asking for it and maybe issuing them with a fine or he can throw it out. to be honest i am getting really worried, i should have gone for small claims but because of the value i put it in as fast track and what i have been reading looks to be out of my league, it also states that it can take a further 30 weeks from this point. does anyone have any help with what i should do, should i try to contact barclays or just sit back and wait
  3. I have just got my letter, they have given a court just round the corner from me, I have been give a questionnaire to fill out, anyone done one of these before, its a little complicated, I could do it but dont want to do it wrong, it has to be back by the 23rd and I have to pay another £100. Also if there are charges between my initial letters and the court date, can I add these on?
  4. Not what I had hoped for, Submitted my claim at MCOL and they acknowledged and then on the 2nd last day then submitted a defence. I have been advised that the court is now going to be changed and I will receive my letter advising me soon. i really didn't want it to go to court. Does anyone know if a case has been to court and the claimant has ended up losing, the case has cost me £250 and in total I am claiming just under 13K with the interest.
  5. Not posted for a while but that doesn't mean that I never followed up, I sent the 2nd letter and again they never responded other than saying someone will get back to you next decade. I have today filled in my court claim and at least now the woolwich will know that I am serious. I will post again when then finally rebate me my charges, and because they took so long the 2K in interest charges as well.
  6. Hello all, I sent off my request for repayment (1st letter) and they have replied saying that in view of the complex nature (just over 10K) they have escalated to their head office (Barclays) and they in turn will contact me, a day later I received another letter saying that they (Head Office) will fully investigate the issues that I have raised and contact me by 31st October and they also enclosed a copy of thier complaints procedure that states that they aim to resolve queries within 28 days. Do I have to give them this time or can I just write to them once their 14 days are up that I stated within my letter and send them the request for repayment (2nd letter) and tell them that this is their last chance before court proceedings?
  7. Hi SolidStan, I have been reading your thread and I need a little bit of help. I have just received my statements and added up all the charges, it comes to just over 10K but i'm unsure now how to proceed. I have looked at the speedsheets in the templates library but i'm finding it hard to understand. A few years back I had an 1800 overdraft and now I only have 100. when I send my preliminary approach for repayment do I need to include any interest charges and/or the 8% charge. The leter states 'I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .' but I do not know what figures to include or how to calculate them. Any help will be greatly appreciated.
  8. To be honest I really cannot believe how much is involved, it has just taken me most of the night adding it up. The 'IC' is only every present when I was in my overdraft and I think that it must be as it says 'Debit Interest' so I can leave this off, it will not make a whole lot of difference anyway. I know that i'm bad with money and I really should manage it better but surely they've been allowing me to be this bad because they have been making a fair wedge from me. DC207IC135.5MC82.5OD609QC3690RC700UC516510589 Do you think they will pay this out or will it go right to the vey end?
  9. Hello all, I have just received back the statement from my bank, they have very kindly filted it for me so that only the charges are listed, however there seems to be an awful lot of them. I previously had an overdraft of £1800 and I wanted to know what I can claim back, the charges are listed below: RC - Returned Cheque UC - Unpaid Direct Debit IC - Debit Interest MC - Unpaid Standing Order OD - Unauthorised Daily Overdraft Fee QC - Guaranteed Cheque Charge DC - Forced Card Transaction can I claim against all of these. Thanks in advance TC
  10. Hi SJC, Thats a great help, thanks. I think that I will play it safe and only go for the 6 years and then like you I will think about trying to claim anything that happened before that time. Thanks Again TC
  11. I need a little help with one question. 1) Where does the 6 years come from, can you only go back for 6 years from the date that you claim or was there a change in a law that occured at a point in time about 6 years ago. basically if I have been with my bank for 12 years then why can I only claim 6 years? Regards TC
  12. Thats great, I will add these in when I get enough info to start the ball rolling, I know that I shouldn't be writing them but its difficult when you need to get things (Petrol, Shopping, train fares to work) and you have no means. They took the book off me about 4-5 years ago but they gave it back to me about a year ago. I just wanted to make sure that they never came back with something along the lines of I'm commiting fraud by writing cheques when I know that there is no money in the account, I get paid in to the account so they know that they will get it back (along with an extra £35 in charges) but if I can claim all these back then I may as well include them. Thanks again TC
  13. Hello All, I'm really new to this (only got told about the site last night) and am still reading through threads before I get involved, just a quick question regarding what I can actually claim. Recently I have been a bit bad and have been writing cheques with my cheque guarantee card even though I have no funds in my account. I am now aware that I can claim back unpaid DD charges as well as charges for unauthorised overdraft charges but the Woolwich charge £35 for a forced cheque charge, are they allowed to charge this or can I also claim back these charges. Many Thanks in advance TC
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