Hi Olden You can either submit the DD OR you can hold off and take 3 copies with you to the hearing on the 14th and ask the judge there and then. I personally think it's best to submit 14 days before hearing because judges always appreciate having sight of proposals before the parties enter the room so he can give it a few moments of 'private time' consideration. If you do submit prior to hearing, take in copies on the day anyway because if judge does want to consider it, it shows courtesy to have provision for the other party in attendance. I wouldn't bother contacting BLT again - their email has made it clear they are not interested at the moment in negotiating.

Hi ghia You will get better advice if you post on the TSB forum (this is Barclays)

Hi Clubber - did PQ email you today?

Hi Hale If the effect of the charges sent you into overdraft mode and have kept you there ie you would not be overdrawn now if the charges had not existed, then you can claim for the full period as the charges' interest is responsible for retaining your account status as continually deficit.

Hi Claimb The Draft Directions is the strategy for requesting as good as disclosure from the banks despite it being Small Claims routed. There is absolutely no harm in submitting the DD - I have a 2nd claim for the Nov 14th date and this is what I did & am awaiting court response. If the DD is accepted, it will potentially allow for Strike Out of Defence by end of August for non-compliance thus rendering the Nov date obselete.

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; This is your charges + any Overdraft Interest BUT NOT the 8% c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [earliest charge date] to [the date you are issuing the claim] of £ [the amount of 8% interest as shown on your SOC up to the date you filed at court] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

Hi Maria If you filed online MCOL, the hold up may well be with them. If you filed at court, I would honestly just liase with court to see whether they recommend applying for judgement. You can give a call to BLT but they can't be relied upon to always know the state of play given their track record and current inability to track claims and even if they do find your case, they are often just giving standard replies that are, shall we say, unreliable on the accuracy factor.

Hi Aude You're not the only one by a long shot who has been advised by BLT that they haven't any details of court and could we please send them on ... try getting your filing sorted out I say! basically, they need you to help them fight your claim because they haven't got enough flexifiles and staples to keep the incoming paperwork in order. It's up to you whether you assist them, I told them to refer to the documentation the court sent (unless they offer to pay me £9.50 an hour, I'm not doing their admin work for them). Just make sure you comply with every court deadline to the letter. By all means approach BLT but do not alter your obligations to submit and attend court even if they write a promise of settlement in blood!

Yes, after MCOL filing, you should send SOC (use CAGs) to both Barclays and the Court dealing with your claim - don't wait to be asked, put in short covering letter quoting claim number and send both registered mail

Hi Conrad Don't have a Barclaycard myself but according to their website, Barclaycard address is: Barclaycard Customer Relations Department 1234 Pavilion Drive Northampton NN4 7SG Telephone: 0870 154 0154 or 0800 289 289 Fax: 01604 254 152

Hi dj I strongly recommend that you use http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148 for your Allocations Questionnaire. I wouldn't send in an amended POC unless the court Orders you to (this will be sent to you in writing from court if judge wants it). Sounds also as if Barclays are suggesting you didn't provide a clear itemised breakdown of all the charges ie a Schedule of Charges (SOC). You needed to send a copy to both the court and Barclays upon filing. If you haven't already done so, I suggest you use the SOC from this site http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html. It updates every time you open it so you don't have to manually recalculate the 8% Statutory Interest for future settlement (which will come)

Hi saracen When you say you've sent in your 'court pack', were both parties ordered to do this by a certain date - ie have Barclays failed to submit paperwork by court deadline? Secondly, do you have anything in writing (even an email) confirming settlement has been offered on one claim? If so, take this along and show it to the judge and ask that in view of this, he consider saving court time and effort by Ordering same for other claim ( as long as both claims received the same sort of Defence argument). If neither of these apply, I would suggest you go along with 3 copies of the Draft Directions used in the http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148. Offer it to judge as a way of quickening up the whole process and hopefully eliciting settlement without the need for a full trial - all judges like that idea.

I think there is always a danger of over complicating the process by introducing legal arguments that can be avoided. I will be waiting for Barclays' Defence case before I invest hours of time researching points of law that may be irrelevant to the argument. I would suggest that we all pool any legal cases we come across that can demonstrate the invalidity of the Limitations Act in respect of concealment in tandem with building a persuasive case that the banks knowingly withheld sufficient information as to prevent customers from reaching an informed and clear understanding of what the charges represented. To me, where one party is misled because they were reasonably allowed to believe a misrepresentation and no attempt was made by the 'charger' to correct this, then the case for concealment is potent.

Hi cg "Also so far I have claimed no interest should I start pushing for that as well?" You can only add the 8% APR Statutory Interest once you file a court claim. If however you are talking about interest you have been cared as a result of going overdrawn due to the charges, then these interest events should already be itemised on your Schedule of Charges(SOC). You can always add them to your SOC up to filing the claim (and any further charges that have been imposed).

I have today sent off my SAR for pre-6yr data. To hopefully speed things up, I have extended my request letter as shown below: Michele Wallis Sales and Service Manager Woolwich Openplan Customer Contact Centre The Woolwich Jackson House Jackson Road Clacton on Sea ESSEX CO15 1WH xxxxxxxx 2007 Data Protection Act 1998 Subject Access Request Dear Ms Wallis ACCOUNT NUMBER: xxxxxxxxxxx Please supply me with a complete list of transactions and charges relating to my banking history with your organisation covering period of opening of the account in or around xxxxxxxxx to closure xxxxxxxx. Alternatively, a complete set of statements for that period will be acceptable. Please note that this written request specifically requires you to provide a complete list of transactions and charges relating to the entire banking history with the Woolwich for account xxxxxxxxxx. The request is not limited simply to charges or to activity affecting the account only in the last six years. Please be advised that the Limitation Act 1980 does not apply to the provision of data requested as a Subject Access Request made under the Data Protection Act 1998 and I do not therefore expect to receive a response suggesting such. Consequently, should The Woolwich chose to cite the Limitations Act and in the absence of complete compliance with the terms of this request, I will immediately commence legal action against Barclays Bank PLC t/s The Woolwich for breach of the Data Protection Act 1998 and you may be required to attend future legal proceedings as a witness. In addition, I am asking for information that relates to any manual intervention by any member of your staff. Whilst not exhaustive and for the avoidance of doubt I shall list what I require: Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same. Copies of all statements relating to the above accounts. Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts. This must also include internal communication that relates to my personal banking business. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party. Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information. Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply and I expect this request to be entirely complied with by no later than xxxxxx. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully

Hi BI Barclays are rapidly earning the reputation for being one of the front runners for breaching the 40-day limit on compliance with SARs. I have after a 9 month battle and a breach claim only just managed to get my last 6 yrs worth (actually they sent me 7 yrs) of statements. Today I'm sending off my pre 6-yr SAR as I am confident the Limitations Act does not apply to such given the concealment issue.

Hi syds mum My advice is to send another copy and mark it UPDATED COPY so it just looks like you've sent a further complimentary copy for them to keep the file updated. Presume the original to be delivered, just not updated correctly on royal mail website - they are notorious for being extremely lax in updating the details of received registered mail. One of mine had no details showing up for 2 months and then suddenly it showed a confirmation electronic proof though no signature. Worst case scenario is you will be asked to send another one however this will not damage or delay your case or buy the bank anymore time. The important thing is that you submitted it to the court on time. You have the regstered postal receipt and this confirms that you have complied with the deadlines.

Today I received 7 1/2 yrs worth of copy statements sent by Woolwich Openplan Customer Contact Centre, Clacton on Sea. I haven't received the second cheque for my updated costs however as it was agreed in writing from BLT, I'm sure a nudge email will get that through especially as I will still Strike Out Defence on Friday if they don't respond by return. I've decided to SAR for the pre-6yr now as it looks [on face of it] to be worth around £6,000 inc 8% APR. Not Discontinuance on this claim until my second cheque for a mere £34 comes through... but it's the equivalent of July's gas & electricity costs so I'm hanging out for it!

Hi iwcd Take a copy of the letter along to court tomorrow and show it to the judge. I would ask whether he/she would kindly make an Order based on the evidence that settlement should be forthcoming in say no more than 14 days. Explain that you hope that in view of the mounting evidence that B's are failing to follow up these intial settlement confirmations, that an Order would encourage B's to complete settlement in a timely manner and avoid the need for further waste of the court's time having to bring it back in front of them - this may persuade the judge to agree (if they think it'll save further court intervention).

Okay This is an example but with totally made up easy figures; When you go overdrawn (whether it is authorised or unauthorised) you will get charged interest for as long as you are in the red. You cannot claim back the overdrawn interest they have charged you for things like: You draw out £50 at a cashpoint You write a £55 cheque and it is honoured You cannot claim back the interest they have charged you on being overdrawn by this £105 (£50+£55) You can claim the overdrawn interest back on things like: You write a £55 cheque that bounces but they charge you £35 Your monthly Direct Debit to BT is refused but they charge you £35 You can claim back the interest they have charged you on being overdrawn by this £70 (£35+£35)

Hi Squeezed SOC = Schedule of Charges = table thing Any new charges, just keep adding them to your SOC up until the point where you take claim down to your local county court.

I can almost guaranttee that you'll never need to prove your LBA got delivered unless you're going to go for a Wasted Costs Order and the judge is going to nit pick and ask for receipts of postage...hardly worth his breathe asking for though!

Hi Hoolio If you have entered into a signed overdraft Agreement, I believe that you cannot claim back the fees associated with it however if the only reason your account is in a deficit state is as a result of accumulated unlawful charges, you can claim the back charges, the overdraft interest caused by them and (when you file in court) the additional 8%. I understand what you are saying however it is entirely negated if, as I understand it, your account has been overdrawn (and thus relying on an overdrfat facility) as a sole result of bank charges. If you have at least the amount in charges equal to the amount by which you have been in the red, then all the interest you have been charged is recoverable as part of this claim. You can keep adding charges & overdraft interest up to point of filing your claim with the court - Barclays may try to quibble when it comes to settlement but as long as they know you'll just start a fresh claim if they don't, they'll do with you as they have with those before you, and concede that it's more cost effective to settle all of them in one go. We urge you to do it at your local county court and not MCOL. The court staff don't have an opinion on it that you will get to see even if they're fed up to the back teeth of bank charge claims. They get paid 9-5 regardless and some may actually be thankful for the overtime it's giving them.

If it's an ongoing niggle, I would suggest saying each time, this is my Schedule of Charges up until xxxx (say 10 days time) after which time interest will be updated and a new total provided. Every 10 days, send them a revised SOC by email.