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Debtmountain

Debt Mountain Versus Barclays Bank Account.

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Hi DM,

 

I'm afraid, as Sea Sidelady says, that the fees charged for stopping the cheques cannot be reclaimed as the bank is providing a service, albeit a relatively expensive one.

 

Ironically, if you'd have left the cheques to be bounced by the bank, you could have now reclaimed those fees saving £50. :mad:


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I was in a bad way at the time and just informed the payees that the cheques had been stopped. Barclays got me in a big mess in the first place, so it was all their fault as far as I am concerned. I do have another question. Barclays sent me statements from 2000. Can I claim back the charges over 6 years old?

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You can certainly claim them - whether or not you get them repaid is another matter.

 

Claiming back beyond 6 years will complicate your claim. Barclays have repaid chgs that are slightly over the 6 years but may be less willing to settle with you because of the older chgs going back a further 2 years.

 

If you go to court, it will mainly depend on the judge whether you get older chgs back.

 

Read here - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

If you're up for arguing on the basis of s.32 Limitations Act 1980, take a look here for an example (not yet agreed by Barclacard) - http://www.consumeractiongroup.co.uk/forum/barclaycard/115319-reddannio-card-3.html#post1415715

 

Finally, if you want the older chgs back, you're best to include them now with an otherwise simple claim. If you just claim the 6 years now and then try later for older charges, the later claim is more likely to fail.


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I never issued a court claim, as I decided to wait for the outcome of the test case. This is a chunky claim of £350, for me it is anyway, and I will try the hardship route while waiting for further CAG advice on the legal angle.

Edited by Debtmountain

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I tried hardship when trying to stop a stay way back, their barrister had some very stock objections, I got the impression that you needed to have raised that with them at the time and produced evidence to support that, that you couldn't just say 'hardship'

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