Erm, its actually 100 HD films, or about 900 normal films if they have a DTS track. Alot less than "2 years to watch" i think you'll find

Hi all, I am trying to get charges back for my mother, who retured last year. This is now nearly £1300 including the interest. Having taken the claim though LBA and limited negotiation, i filed on her behalf though moneyclaim. Barclays have decided to defend it and have posted the following defence: 1. The particulars of Claim do not provide details or particluars 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 Defendant puts the Claimant to strict proof of each charge and the date thereof. 2. The defendant is entitiled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. teh Claimant accepted the same when the account was opened, including (in particular, but without limitation) the following terms and conditions (which are summarised): a. The Defendant's right to charge a "paid referall fee" where the defendant pays an amount( either by complusion or election) which causes the account to become overdrawn - £30 per item (previously £30). b. The defendant's right to charge amin fee if any cheque, standign order or direct debit cannot be paid because fo insufficient cleared funds int he account - £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 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). 4. If and to the extent it is the Claimant's case that the failure to make necessary payments and I or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms a.."1d conditions or hisiher account and Were consideration for the Defendant advancing creditto 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 l(e) 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 Services Act 1982 (or indeed any other provision). It is further denied that any such charges unduly enrich the Defendant 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 hislher account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and I or hislher 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 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. 9. The Defendant denies that it is liable to the Claimant for 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 O8th September 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 the alternative, and without prejudice to paragraph 6 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, 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 overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as 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. Which is identical in most part to that which was sent to Welshman http://www.consumeractiongroup.co.uk/forum/barclays-bank/21951-welshman-barclays-6.html I have filled in the AQ using the text for section G taken from this site and await the court date. I have also made made a short cut to the court bundle if it is required. I have kept all correspondance (having sent two LBA's) from Barclays and myself and a record of a very rude phonecall from Barclays offerign a very derisery offer fo £150 as a one off payment of goodwill. I was initially a bit concerned that i may have led my mother down the wrong path, with getting a defence filed by Barclays, but having read the Barclays forum and Welshboys case, its clear that the defence is a simple cut/paste and not a considered response to my Mothers claim. So onward, with form sent. Happy to go to court as this sort of thing really interests me, plus i think my mother deserves her money back as a nice retirement present! Thanks to those named and un-named whos resources and story have renewed my confidence! I will keep posted with where we are.

Hi everyone, i came accross this site when researching my claim for bank charges and i think it is briliant! I recovered £680 from First Direct on my own and they refunded it without having to go any further than writing a letter. Encouraged by this i tried the same wth Natwest but they were entirely unresponsive which is when i found this site. We are now at stage 2 filing my claim which was so easy when i looked through the library here. Best of luck to everyone