thank you

forgive me for being blind but i cant seem to see an address other than the one for getting your statements. can someone please post there address for me please.

cheers dsilverstein, that makes for quite interesting reading. i just wished they had of started doing away with the AQ earlier and maybe i wouldve had a result already from my barclays bank account.

hi ive a quick question here with regards to my barclaycard claim. im currently claiming £612 and received a letter saying they'll give me 240 and have credited it to my card(even tho i asked for a cheque). ive since sent a rejection letter to them saying that 240 wasnt acceptable and to remove it if they werent going to pay me the full amount within ten days. well saturday was the tenth day and i was just about to fill out an mcol, but i thought id ring barclaycard first to see if they have taken the money back off my card, they havnt. they did say tho that they wouldnt take it off my card untill court proceedings had been started. So, do i claim for £612 + interest? Also can someone plesae link me to what to put in the mcol

when handing in the poc and table of charges should i also include copies of my statements highlighting where i have been charged or will the table of charges be sufficent

im just finalising what i have to hand into the court and im just finishing my schedule of charges for the court. will it matter that the interest is being worked out until today, as it will be a different total as to when i first submitted my claim?

I have finally received all of my statements from barclaycard (after about three months) and wrote a letter asking for £612 in charges back. Today i received a letter from them saying that they will refund the difference between what they charged and £12, which works out at about £240. I want to refuse this offer because its still about £400 short of what i asked for. If i refuse it, i know it'll probably be a long time after till i see it but i can wait. This is kind of where i am confused because there isnt a set limit on charges with banks so ive gone for everything, but is it different with credit card charges? can they get away with only refunding the difference or shall i still go for the lot like i would like to? Also i am going to be claiming for my second barclaycard but have heard about claiming contractual interest aswell, any chance someone could explain this a little or provide a link so i can read up on it please?

yeah thats kinda helped cheers, ill have a little play with them words in my letter aswell.

bump

today i finally received my statements through for two credit card accounts with barclaycard, but before i get the ball rolling with the letters, i just wondered was there a different letter to send for when claiming from a credit card than from a current account?

today i received a letter "General form of judgement or order" saying, Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an apllication to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT Claiment do file and serve fully detailed claim setting out dates and amounts which it is alleged have been deducted from the defendants account by 10 april, in default claim do be struck out. is this asking me just to send in copies of my statements showing the dates and amounts? or am i not reading it correctly any help would be greatly received : )

Doh! ive just found the AQ guide to completion. thank you for posting a link though. i shall now take that down to the court tomorrow morning once i have finished work quick question, would the new strategy be better to use?

to no surprise to me barclays filed a defence late on monday afternoon (they had until midnight on that day.) today i received from the court an AQ and a copy of their defence and am kind of wondering what to do now. i know the AQ needs to be completed (can someone please post a link to the AQ up as i cant seem to find it) and this will be done and handed in to the court before it closes tomorrow. i read from othe rposts about a court bundle? does this have to be given in at the same time or will i be instructed about this after the court has received my AQ? Finally here is the defence that barclays gave.... The particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on his 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 date thereof. The Defendant 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 following terms and conditions (which are summarised) The Defendant’s right to charge a “paid referral fee” where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn – £30 per item (previously £25). 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 account - £35 per item (previously £30). 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. [*]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 accounts are overdrawn without an overdraft limit or where the Claimant exceeds his authorised overdraft limit). [*]If and to the extent it is the Claimant’s 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 constituted a breach of the terms applying to to the accounts and that the contractual entitlement to debit charges from the Claimant’s accounts constitutes 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. [*]Accordingly, it is denied that the legal principles related 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 (particually 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). [*]Therefore, it is denied that the charges were unlawfully debited from the accounts. [*]If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility and / or to increase the overdraft facility and / or his failure to make payments to bring the balance of the accounts back into credit. [*]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. [*]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 22 January 2001 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. [*]In the alternative, and without prejudice 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 consequence of the breach of contract by the Claimant , the defendant has nonetheless suffered loss and damage as a consequence of such 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 to recover 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. Barclays Bank PLC the part of this that i dont quite get is the first part where they are saying that the claim does not provide details of the charges. I dont know why they have said this as in my first letter sent way back in december had a list included, and once the mcol was started Barclays solicitors were also sent a copy along with the court. would this have any effect to their defence if i were to raise this point , or is this just a standard issue defence that they give for all their cases? any help or advice would be much appreciated because i dont want to just charge staright in and possibly slip up along the way. jordash

i wrote to barclaycard for the statements for two credit cards on the 8th of january and the 40 day limit for them was last saturday and they still havn't arrived even though i received a letter for each card dated the 2nd of february from a karen thompson saying that they would have my statements to me within the time limit which should've been saturday just gone. So i thought id give them untill after the weekend just incase they were in the post but nothing turned up today so i thought id give barclaycard a call asking where they were. They said that they never received the letter until the 2nd of february and that they where using that as the date!!!! which confused me a bit, surely it doesnt take a month to open a letter,? and can they change the date to suit themselves? im sure they'd love that if i said sorry i didnt pay my bill but ive only just got it through the post. Shame i cant give them a penalty charge because their happy to give them out to us for being late. Anyway im just kind of wondering what to do now?

just submitted my claim online. now time to wait. As my claim was submitted online do i have to do anything else now?? if so, what?

hi, today i am completing my money claim online and am a bit unsure what to do. i have found two templates (see below) and am unsure of which one to use. please could someone help as i dont know which one to use, or does anyone have a link to the template they used? any help would be appreciated very much 1. 1. Between the dates of [insert dates of first and last charge] the Defendant applied numerous default charges to the Claimant’s [This means you because you are the person claiming the money] bank account. 2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach. 3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost. 4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of [insert amount of interest], continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment. 5. The Claimant therefore asks the court to enter judgment in their favour for the sum of [insert total charges] plus interest, amounting to a total of [insert total charges plus interest]. 2.1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

ive got to the mcol stage today as ive not had an offer of the full amount from barclays. ive rejected their initial offer of £840, i asked for £1565. Can someone please help me or point me in the right direction for what to do with the mcol. Is there a template that i can use or does anyone have a link to what they put on theirs?? any help would be appreciated very much.

i sent the lba off yesterday as i didnt receive their offer untill the day after the initial 14 days. from reading on this site i see it says to accept their offer as a partial offer and to tell them that you are still claiming for the rest. has anyone done this?, or have you just refused it totally and continued your claim

sorry to sound a bit thick here but the rejection letter mentions about the letter before action and i havnt had to send that, should i just send in the letter before action and change a couple of bits in it?

i sent the prelim letter off to barclays just before xmas asking for £1565 and yesterday receievd an offer for £840. what should i do next as im not too sure, £840 is very tempting but then its still short of £725. if i send off the next letter (letter before action), would they then respond with another offer or would they basically turn round and say start proceedings? any advice would be very much appreciated especially from those whove already expericend this with barclays. jordash

so should i now send the LBA letter as ive only sent the prelim letter so far? sorry for seeming a little thick over this but i want to do it correctly And if i send this next letter are they likely to return with another offer or would they not offer me again as they did in their last letter?

ive just started to claim back my charges from a few banks, credit providers etc.. and am kind of wondering what to do know. i sent a letter to barclays asking for 1565 and yesterday got a letter offering me 840, just for one letter being sent. would you take that and be happy with it or would you carry on and persue the bank for the full amount( as it is 720 short of what i asked for)??? any advice would be much appreciated as i am a bit undecided on what to do now.