Left voicemail for Adrian Rufhead, BLT. He emailed a disjointed reply stating that BLT don't know of the impending court hearing and giving no explaination as to why I hadn't received my list of transactions. He did attach a partial list of the correct account transactions - unfortunately since it only gives last 6 yrs worth of charges from today, it still fails to comply with my SAR of Nov 2006 (ie there are 8 months missing from Dec 2000 - July 2001). I have emailed him back once again explaining this using short words. I also reminded him that when I rang Barclays' Customer Service posing as a divorcer asking for over 6 yrs worth of statements for my divorce case, I was told I could have data back as far as I wanted...the telephonist added but "if it's for bank charges reclaim, I can't give you more than 6 yrs' worth! " ... I kid you not. I've told him to supply the complete 6 yrs worth from date of my SAR (well less 40 days to be polite) or I'm going to apply for the Defence to be Struck Out. I've drafted application to judge already

Hi Princess and welcome, sorry no one has answered yet - sometimes the forum get used so heavily that threads can rapidly move down the list. I shal just bump this so it's a the top ready for the morning. Am absolutely exhausted & about to turn in so my brain is in slow gear at moment. More than likely there will be lots of responses by mid morning

Hi fastrunner Welcome to CAG, a good move for the later stages of a claim! You're spot on in your understanding of the New Strategy objective. Not sure what you mean by how do you print off ... you can just copy it and paste into a Word document on your C drive. You may need to tidy up the format a bit, then print off as normal. Alternatively, I filled in my AQ using the online form http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf. I cut the Section G wording and pasted it straight in to the form then printed it off straight from the web.

Hi daz Sorry, I probably didn't word it clearly. The part that is shown in Section G/H - this is what you would use as the body of the covering letter to accompany/introduce your Draft Directions. It's not mandatory but it gives the judge a clear understanding of the benefits to all (including the court) in using the Directions.

HI wayne You may want to use one of the Spreadsheets from this site http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html as they are self updating in respect of 1) the amount of days that have passed since the charge was incurred and 2) the 8% APR (ie the number of days and interest to date update automatically everytime you open it).

What is your claim without the 8%?

hi Buttercup If at the point of sending the letter, you haven't received it in any shape or form, you delete both (green and brown). How much £ is your claim without the 8% APR?

Hi hubble Am a bit confused by your last port. Unless I am missing something obvious, Your post #14 states that B's Defence is late and the court have given the green light for you to file for judgement. But then in post#15, you talk about agreeing to Barclay's request for more time to get in their Defence as long as they settle in full. Why would you complicate it by protracting the matter. It would waste less of the court's time (and yours) if the judge can just rubber stamp the judgement and be done with it. The court has offered to give judgement in your favour - grab it with both hands asap!

You'll have to wait til the beginning of August (40+2 days) before they are in breach of DPA. You could always send a nudge email to barclays Customer Service, can't do any harm at this stage.

Hi buttercup Ok, stop panicing - you haven't filed at court so you're fine. what you need to do is 'hide' the 8% APR column and print off the spreadsheet (because what you are legally allowed to ask back for at this stage is just the charges but not the 8%). I presume the total of your claim is significantly more that the offer, even without the 8% - if it is pretty much on the mark, you should obviously consider accepting their offer. So, assuming you still want to reject their offer as being way off the mark of what's due, what you will do now is take your amended spreadsheet (not showing 8%) and enclose it with a further letter to Barclays. The letter you will send is Letter No. 4 from http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html. BUT you will need to make a few alterations. ................................ Here is my offer of the altered letter: YOUR Street Town City Postcode Date BANK NAME Address Address Postcode Re: Account number XXXXXXXX Response to settlement offer. Dear [named sender or Sirs] Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request that you return to me all charges imposed on this account, totalling £xxxx as per the enclosed Schedule of Charges. In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days, namely £ [put in the difference between £4492 and your new spreadsheet figure]. Failure to comply with this request will result in legal action against you for full recovery. *If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return any the payment to you OR *If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. *(Only put this is if they send you a cheque for the £4492) *(Only put this is if the bank have credited your account) I trust this clarifies my position. Yours faithfully [signature] [print name] Enc: Schedule of Charges ...................................................

Hi toffo Not enough information to really advise accurately. What was her claim for, Breach of DPA (trying to get statements off bank) or actually for charges? If it was for the first, then it would have been Small Claims and so I don't understand how costs were awarded. If it was the latter, why had she got to the stage of a court hearing without having had her statements supplied? 1) What was she claiming? 2) Are you saying that the Notice of Court Hearing date came through when she was away and also took place - both within the 3 weeks? 3) How long ago was the judgement made (exact date of judgement) and what was the precise wording of the Order made in her absence?

Hi buttercup and welcome to CAG! Well that's a pretty rotten offer by The Woolwich and quite rightly you can, if you follow all the steps on this site, have the full amount of your charges (and any interest thereon) refunded, so a closer figure would be £8,351. You will get all the advice and support you need on this site buttercup so don't panic about the thought of court or that it's a bank - in basic speak, it's your money so you're going to get it back. Okay, just so we know you've got it all right before you file an N1, can you let us know; 1) What sort of account is it and how far back are you re-claiming? 2) Did you send off the Preliminary Request and then the Letter Before Action at least 14 days later? 3) When you say you included interest, as long as it was interest occuring as a result of the unlawful charges you are fine. At this point you cannot have included the 8% Statutory Interest. That gets added only once you file a claim. 4) Have you calculated your charges and interest using the spreadsheet from this site? If not, I would recommend you download it and put in your figures as it is self updating and calculates accumulating 8% Stat Interest which you will need once you file. This link http://www.hmcourts-service.gov.uk/HMCSCourtFinder/ will help you find your local county court. If you are still unsure, let us know where you live and I'll look it up for you. Definitely the N1 route from now on as MCOL is snowed under and will certainly delay your claim.

Onofakind is right, Letter No 5 from http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html - you just have to amand to suit. The court will write to you giving you notice of when the court date is. When you get that Notice from them, you can send back the letter in my post #54 above

Hi Karen It is very important that both parties (you and the bank) try your best to resolve the dispute before turning to litigation (court action). This is why you must adhere to sending the Preliminary Letter requesting refund and then waiting at least 14 days before sending an LBA. These steps form part of the pre court action protocol, that is to say, the court expects you to have at least taken these steps before resorting to a claim. Ideally, you shuld have sent the rejection letter from this site that accepts the offer as a partial payment; having said that, it doesn't seem to have harmed your case just delayed it. What I suggest you do is send Letter Number 4 from the templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-. This then gives you 10 days before you submit a claim to your local court. You should ideally leave it 12 days to allow for postal delivery

Hi bakadan Quite normal for 11th hour Defence. Wait for the court to send to you. You may not have to submit an AQ and if you do, the court will send it to you. Until then, there's nothing more for you to do but skulk around the forum reading & learning. IF you do have to fill in an AQ, the step by step guide is http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html and you may want to enhance the AQ with a Draft Directions: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy

Hi Blue Nothing to worry about. He gave a pretty standard response. They are settling - look at all the success threads. Barclays Litigation are working against a tide of evergrowing workload so they are still dealing with settlements of claims where it's less than a month before full hearing. The only ones they challenge at this stage are where they have found a glaring error in SOC calculations, though normally they will have attempted to have these Struck Out before it even gets to late stage. Which Court? YOu may find there are others on the site attending as well ie it might be another mass hearing. You don't need your court bundle unless you have already been ordered to submit it by court (and this you will have already done I hope). Have you submitted http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy? If not, you could take a Draft Directions along to the court and ask the judge if he would consider making it into an Order - it saves everyone time and frees up the courts!!

Hi Fox Have you read http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming-100.html?highlight=Contractual+Interest+Stuck+out?

Hi Slim Why would you make them an offer? Surely you want all your money back so will be sending a rejection offer (in which you accept the GOGW as part payment only). If they have added more charges since you sent your Preliminary Letter, just send an update Schedule of Charges with your rejection letter. Truth is Slim, Woolwich are not going to turn around and make this easy for you by caving in and refunded the full amount so why would you want to make an 'offer'? It is all your money, you don't have to try and negotiate with them to try and get a good deal - you take them to court and get it all back! Don't delay in sending back the rejection (partial payment acceptance) and don't delay in following up with LBA which I suspect is about due now. Don't combine the two - send them seperately and both registered. Only once you file a claim with the court can you add the 8% remember

Hi Kivo Use this ........................................................... Dear Sir/Madam, xxxxxxx v BARCLAYS BANK PLC In the xxxxxxxxxxx COUNTY COURT CLAIM No:******* I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**. I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [give brief explanation of your medical condition which makes court appearance difficult/impossible]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed. If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order [it will be this Draft Directions http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy] If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's. - In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. A copy of this letter and draft directions has also been sent to the Defendant. Yours faithfully, xxxxxxx ................................................

Hi Give me strength. Adrian has replied to my last letter in which I explained clearly that the statements sent in March (upon which their Defence rests) is for a different account. A 3 line letter; "Thank you for your letter of xxx July, the SAR Team have confirmed that the data you requested was sent to you on 23rd March and 13th June, can you please therefore check that this has been received" As per my post #11, I did receive a load of statements but No Adrian, they are nothing to do with the bank account we are talking about! Just like the statements sent in March were nothing to do with the bank account we’re talking about. You see? Even a 10 yr old would by now have grasped that they keep sending statements for a different (and completely unrelated) account. They sent the wrong ones in March and they have sent the wrong one now. I have told them at least a dozen times now. As far as I'm concerned, this is total incompetence. Short of tattooing it on their foreheads, there's little more I can do. It is simply moronic. I am today updating my costs to date in respect of this claim and will attach to yet another letter back to Adrian. I am going to use short sentences. I note, Adrian’s letter is cc to the Court. Good! My response will be cc’ed also.

Botsy It may well be that since the judge for this bank Directions session has hopefully received lots of Draft Directions asking for the same thing, that on the 14th he will be issuing an Order that allows the Directions we've all requested. This may explain why claimants haven't received individual responses to their submissions.

Hi daz The 14th August is only a Directions hearing not a full trial hearing so unless you have already been ordered to by the court, you do not need to prepare your court bundle yet. What you should submit (and I would get it in quickly so it get's processed befor the 1st August) is a Draft Directions. This is the link http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=new+strategy Post #3 for both the Draft Directions and the covering letter (the part you would have put in Section G/H - other information ie turn it into your covering letter. The purpose of submitting this request is to try and force a type of 'charge costing disclosure' from the bank. If say the judge grants the Directions suggestion on the 14th, it will mean that by the 28th August, you have to submit certain documents (which are straightforward enough) and that by 11th September, the bank has to comply with its part in submitting a breakdown of why the charges are fair and showing the actual costings used to calculate the charges. This is what the whle of the UK is waiitng for - a bank to provide proof of how it justifies the charges. It won't happen, the banks will not comply. They will have their Defence Struck Out. Claimants who have not already had settlement, will have a court win. And all before the end of September. The Draft Directions therefore is a vehicle for cutting through all the stalling techniques of the banks.

Hi Trucker I did consider all of these possibilities and whilst I have moved address once, the original address is still owned and occupied by our best friends - who walk round with any odd bits of mail that come through for me. They have from the offset remained well aware that charge list could be sent; so it isn't that. The account was closed a few years ago however I still have a Savings Account so i at least am still a "live" customer.

I have a dodgey husband, foc.

South Wales - glorious, kids got suntanned from school, the stars are bright and it was a red sky. Of course if I had put the washing on the line it would have poured down, "Sodden's Law".