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ronvin

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Everything posted by ronvin

  1. i got a bit bored of sitting around and waiting so i phoned the court to see if a date had been set, and to my suprise it had 18th june at 10am bit of a wait but i'm sure it will be worth my while i'll leave it until i've got my date in writing from the court then i might give barclays a ring to try and sort this out got a few more claims to start while i'm waiting so i don't get bored!
  2. just about to send my sars to barclaycard can anyone offer their expertise on my situation plz i had a credit card with barclays eight yrs ago which i was pretty bad at repaying there must be loads of charges on them for late payments and such. i only had the credit card for about 2yrs which would be over the 6 yr deadline is it worth sending the sars or am i just wasting time and money claiming these charges?
  3. hi just an update still not heard anything from anyone i've phoned the number in one of the messages above but got no answer left a message with phone no claim no etc but no one has phoned me back. In barclays defence they said about the limitations act and that i can only claim from dec 2000 can someone please send me the letter to send so i can claim for the charges before this date (they already have these charges on my soc's sent to them.) hope someone contacts me soon
  4. got a phone call of my sister in law today the halifax have settled with her for just over £1000 just after the LBA was sent, how come other banks just don't get the message and pay up sooner ? you think they would learn !
  5. money in the bank now and showng on my account i've got a few more claims going
  6. i know this is probably a daft question but do i include all statements in my bundle or just the ones with charges on them ?
  7. just been reading other threads and i wasn't aware that you could claim further back than 6 yrs i had a barclay card in 1998 i was really bad and it probably had hundreds of charges on it, where do i stand with this one? i also had one with the natwest around the same time. sorry i've been speaking to my mum she's gone mad with PPI'S and credit cards, current accounts she wants it all back and she's taking no prisoners until shes got it
  8. thanks i've sent barclays a letter with an updated schedule of charges. i also gave them a contact no just in case they want to settle. having a look at the court bundle and getting its sorted just in case i have to go to court. i know it will be me!
  9. don't worry about that yet its a while off you only need to concentrate on your statements for the time being. the next step i asking for your money back and giving them 14 days to do so (which they don't, they may offer you a small amount of what they owe though, its up to you whether you take this or not) the next step is you letter before action (LBA) where you give them a further 14 days before you take them to court. so you have at least 2 months before you get to this stage so don't worry about the court part yet
  10. if you have had a default notice against you or a bad credit score with barclays because of the charges you can ask for it to be removed i think this bit is in red if you are not too sure leave it out. have you sent off you request for statements yet?
  11. hi you need to keep at least one copy of everything you send so you can photocopy it at a later date,if you want to do them now you will need 3 copies of each item. It is best that you send everything recorded delivery then you know they have recieved them. As for the hand written letter i don't think it would be a problem as long as its readable.
  12. thanks tanz hope mine is the same i got a phone call off my mum this morning saying that someone from a bank has tried to get through to me (when i had this account i still lived with my parents) does anyone know the number or better still the person i need to phone as they left no contact details. i have withheld numbers barred from my new number so if they try to phone me at home they won't get through.
  13. hi sandbag has given you the address at the top of this thread i used this to send all of my letters to. i was in the same boat as you struggling each month i've just taken barclays to court for about £2000 of charges, and i've just got back £1400 from the halifax. stick it out you will get your money back and probably more (the interest you claim when it goes to court). This site is full of people in the same boat and they are more than willing to help
  14. hi i'm a bit ahead of you i've just filled in my AQ and sent it back, as far as i'm aware you keep the same claim no throughout court proceedings. hope this helps and good luck
  15. hi rbs have put the money in my account so i have my money back great i can't believe it
  16. thanks for your help i sent my AQ in so i'm just waiting now think i might start my bundle so i'm not rushing when the time comes. i also sent a copy of the charges with interest to barclays with details as above
  17. hi not done much i was waiting for a bit of money to start moneyclaim when all of a sudden my partner gets a phone call off someone called barbara offering us £1000 obviously we said "NO" she than offered £1250 and again we said "NO" she then offered us the full amount of £1467. i can't believe it. I told them i want the cheque within 14 days or i will start court proceedings. I don't need to do anything else do i ?
  18. hi in barclays defence they say that in the particulars of claim i haven't put in details of charges taken so i'm going to send them another schedule of charges to them and to the court. Is there a letter somewhere that i can send with it?
  19. got my aq questionaire with my letter with the defence on. ooooooh it all seems so real now don't know why i didn't think it was real before. i think i'm gonna read your threads to find out what they do next thanks for all your help it gives you a bit more confidence to know that there is someone there to help.
  20. well barclays had until the 24th of jan to defend my claim and they did it on the last day as usual. they have said 1, the particulars of claim do not provide details of the precise charges alleged to have been unlawful. to the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendent puts to the claimant to strict proof of each charge and the date thereof. 2,the defendent is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions. the claimant accepted the same when the account was opened, including (in particular but without limitation) the followng terms and conditions (which are summerised): a. the defendents right to charge a "paid referral fee" where the defendent pays an amount (either by compulsion or election) which allows the account to become overdrawn - £30 per item (previously £25). b.the defendents right to charge an administrative fee is any cheque, standing orderor direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30). c.the defendents entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 3,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 her overdraft limit) 4,if and to the extent it is the claimants case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft limit constituted a breach or the terms applying to the account and that the contractul entitlement to debit charges from the claimants account constitutes a liqiudated damages clause, the same is denied. Tthe charges constitute payments the claiment agreed to make by reason of the terms and conditions of her account and were consideration for the defendent advancing credit to the claimant, which the defendant was under no obligation to advance. the defendent was entitled to impose such charges and interest when the claimant incurred the overdraft. 5,Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevent or applicable to the facts set out above. Further or 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, or are in breach of the unfair (contracts) terms act 1977, or are unreasonable within the meaning of the supply of goods and services act 1982. 6, Therefore, it is denied that the charges were unlawfully debited from the account. 7, If and to the extent the claimant incurred charges on her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an unauthorised overdraft facility or to increase the overdraft facility and / or her failure to make payments to bring the balance of the account back into credit. 8, It is averred that the said charges and interest are and remain lawful and enforcable and that the defendant was entitled to debit the same. 9, The defendent denies that is liable to the claimant for the sums claimed and the interest pleaded by the claimant or at all. In the alterantive, 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 the 22 december 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. 10, In alternative, and without predjudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, and the charges were a concequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a concequence of such a 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 inforce the charges as set out in 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 herunder to the claimant. if anyone could translate this i would be extremely grateful!!!!
  21. i won ha ha ha just an update i sent rbs a letter on the 8th of jan basically asking for them to return my £108 in bank charges to me or to face further action. on the 22nd of jan the sent a letter saying " i'm sorry you have concerns blah blah blah ........... we believe that these charges are fair, reasonable and transparent.(whatever) blah blah blah ...................... however we have reviewed your case and as a gesture of good will and without admission of liability or error in this instance we are prepared to offer the amount of £108 blah blah blah...................... i'm quite suprised really as i didn't use the standard prelim letter not got my money yet though so i'll keep you posted
  22. thanks bottomburp thats a great help. i haven't won any yet i'm just impatient and i wants whats mine !!!!!!!! i've got 3 at different stages so hopefully i don't get confused.
  23. hi i'm currently claiming bank charges back from loads of diffenent banks, recently heard that you can do the same with store cards. is this true????? if so can i use the same letters as i've used for the banks and is it the same time (6 years worth).
  24. here i go again already claiming charges from the halifax and barclays for a lot more, but while claiming from barclays via money claim rbs decided to take a charge from my account. my fella rang and asked for it to be refunded andthey refused, they then decided to add a few more charges over the xmas period (the fools, you think they would learn). i phoned the other day and asked them to refund the charges and again they refused until i stated that what they were doing is wrong and the only reason i was in over my overdraft was that they have taken charges out. they refunded £38 into my account still leaving me over, with a £28 charge looming if i don't sort out my account. so, i am writing to their h/o with a letter giving them 14 days to refund all charges (its only £106 so i'm hoping they will reconcider) or my first letter goes out to them. is this ok or should i leave out my letter and start the process now?
  25. thanks i was just a bit worried i hadn't done it right didn't want to come all this way and look like a fool thanks for your help
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