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Well, cheque arrived in the post this morning for full claim... Woohoo!! They were very keen to get hold of me on Monday - I certainly got the feeling they were quite keen to avoid going to court yesterday. Can't think why, considering my case was apparently completely devoid of merit.

Offer of settlement that covers charges, costs and nearly all of the 8% interest. Need to do a latest interest calculation to see if it is worth trying to get the last few squids out of them.

Thanks for the support and encouragement everyone... This morning I received a letter, dated yesterday (Fri 27 Oct)... Talk about cutting it fine. Of course, I need to call them to put a couple of things straight (they have not left enough time for reply in writing / negotiation) but hopefully this will all be wrapped up on Monday. Otherwise, it's off to court on Tuesday. To be honest, it will be rather disappointing not to get my day in court after so much build-up... (Final) update soon!

Well, looks like they have been busy as I got a letter this morning, sent yesterday (court date is Tuesday 31st Oct!). Must be something in the air.

Ok - so, one week to go before my supposed court appearance. Quick question - has anybody got close to their court date with Barclays and tried to make contact with them, ostensibly to remind their litigation department of the impending court case, but also to try and coax a settlement out of them? Or do I have to sit it out and wait for them not to turn up in court?

Well, long time no visit (working hard, got married, usual excuses), but things are still chugging along... My court date is set 31 October at Edmonton CC, north London, so I've just finalised my court bundles to send out. There have been some great additions in terms of resources and court formatting stuff since I last got on here!! Thanks to everyone for sharing their bits so far. Heavy weekend of reading in store...

Well, just about to send my AQ off... Herewith a full and faithful transcript of Barclays' defence. It seems slightly more fleshed out than some of the ones I've seen on here, but I can't get the search tool to work at the moment, so I don't know if this is the new standard defence they are offering... All comments welcome: 1. It is admitted that the Claimant had two accounts, numbers xxxxxxx and xxxxxxxx, both of sort code xxxxxx, and that both were closed on 30 June 2006. To the extent that it is alleged that the Claimant incurred bank charges on his accounts for unauthorised borrowings (whether unpaid fees for returned cheques, ?Paid Referral fees? Or any other such fees), it is admitted that such charges were debited from the Claimant?s accounts; however, the Defendant puts the Claimant to strict proof of each charge and the date thereof. 2. The Defendant was entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the accounts were opened, including (in particular but without limitation) the following terms and conditions (which are summarised): a. The Defendant?s right to charge a ?Paid Referral Fee? where the Defendant pays an amount (either by compulsion or election) which causes the accounts to become overdrawn - £30 per item (previously £25). b. The Defendant?s right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the accounts - £35 per item (previously £30) c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 3. The Defendant?s standard terms and conditions gave the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the accounts are overdrawn without an overdraft limit or where the Claimant exceeds his authorised overdraft limit). 4. If and to the extent that it is the Claimant?s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits constituted a breach of the terms applying to the accounts and that the contractual entitlement to debit charges from the Claimant?s accounts constituted a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his accounts 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 the overdraft. 5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant 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 (particularly but without limitation to, paragraph 1(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision). 6. Therefore, it is denied that the charges were unlawfully debited from the accounts. 7. If and to the extent the Claimant incurred charges on his accounts, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and / or his failure to make payments to bring the balance of the accounts back into credit.

Well, our trainee solicitor at Barclays is getting very busy - and they have acknowledged the claim and intend to defend. They've also requested the full 28 days, although I'm currently considering, on the advice of the other half, putting in an objection with the Court to get it back to 14 days. Have politely declined the full and final part of their offer. I don't believe they will agree to it as part payment

Just been talking with my other half about my case, as the acknowledgement and intend to defend has come back from Barclays. She tells me that you can object to the defendant's request to an extension to 28 days to prepare a defence - not least, in this case, because it is evident the bank has already compiled a defence. Is it worth pushing the point to get the 28-day limit revoked, and make them stick to the 14-day timetable? Any one else tried this?

Got a letter in the post today, offering me 980 squids as a full and final. Shame I filed for 2,700 squids earlier this week. That'll be a no then. Out of interest, with the claim lodged through MCOL is there anything I should do - ie do I reject the whoole thing out of hand, or can I accept the 980 as part payment - but if I do, how will this affect my claim through the courts?

Well, there's a big note in my diary for today saying that it's time to file the claim... Apart from the usual 'we are looking into your complaint' blah, with a rolling 'you will receive a reply by' date, have not heard a sausage from them. Been briefing my other half to prepare herself - she's a legal eagle who has recently been focusing on contract case law and the unfair terms bits and pieces, as well as CCA 74 and 06. Which is kinda handy. So. Will inform BF of claim details later on today, and will keep posting as and when I hear anything...

Finally got around to sending out my prelim letter 18 April. To date have only received the 'looking into it and will get back to you by 17 May' letter. Now sending out LBA letter 04/05/06. Only fourteen more days to go! I feel a fight coming on.

DPA letter was signed for 1st or 3rd April, and 8 April a complete set of statements arrived with my returned DPA cheque. Apparently, according to a handwritten compliments slip included with the standard letter, 'there is no charge for this service'. Have now calculated charges - total 2,315 squids ex interest, mainly accrued during three bad two-month periods in the last four years. Letter requesting payment going out Mon 10 April.

Well, there's a thing. Called Customer Relations again and referred them to my request for a list of charges. Got a letter in the post saying that they were refunding some of the charges (ie. several months' worth of monthly fee) for my Additions account which I have recently cancelled. Not what I was after, but a bonus anyway. It'll help as an advance for the impending court costs. DPA letter sent with cheque for £10 27/03/06.