Particulars for Court Hearing

[kaznelson]

I estimate that I have paid nearly £2k in bank charges over the last few years and thanks to this site have now started my claim back

 

Sent standard 7 days letter to Barclays on Friday 17th which gives them until Monday the 27th (allowing for the weekends, Im being generous!)

 

Received letter today saying they are investigating the matter and will respond before the 7th March.

 

I expect I will receive a standard reply that I have agreed to their T&C blah blah

 

Tomorrow I will fax them again saying that I will be issuing my claim on the 27th and I am not prepared to wait until the 7th.

 

Do you think it is a good idea to fax a copy of the County Court Claim that I will be issuing? (I know you cant do this when collecting Debts, but ppl do it regardless)

[Russe11]

took no notice of a attached claim form when I made my final demand.

[Seminole]

Someone did this and included the classic comment that the next time the bank saw it, it would have a county court stamp on it!

[BankFodder]

Someone did this and included the classic comment that the next time the bank saw it, it would have a county court stamp on it!

 

Well I don't know if it is classic yet but I like to think that it might be one day

[kaznelson]

I sent my request for refund to Barclays on the 23rd Feb and they said they would reply before the 7th.

 

Got a reply today saying the usually but as a gesture of goodwill will refund me half the total amount paid. I'm shocked that I have actually paid £3015 over the last 6 years in charges. No Wonder I needed an overdraft!!!!

 

I'm sticking to my guns and going to write today saying I will be issuing a claim in 14 days for the FULL balance plus costs & interest.

[JamesBooker]

You should ask for your statements and work out exactly how much you've paid. Barclays totally over-estimated how much I had paid them and their 50% offer was more like a 90% offer.

[kaznelson]

Their letter reads "you are seeking a reund of £3015 which is the total amount of charges incurred over the last 6 years" and they will refund 50% of this being £1507. They dont say any where this is an estimate.

 

I asked under the Data Protection Act for a list of the total charges but they havent supplied them. They have to do this within 40 days.

[BankFodder]

Send the DPA request. Much better to be certain for yourself.

 

very embarrassing to be in court and suddenly they provide evidence that you are claiming too much and that if you had accepted their offer the debt would have been settled.

Keep control. Gather your own info. Don't rely on the bank. They are not to be trusted.

[kaznelson]

Received a full list of my charges & this letter from Alison Leary

 

Dear XX

 

Thank you for your letter of 4 March.

 

Having reviewed the matter our stance remains the same, as detailed within my letter of the 2 March

 

With regards to any default notice registered against your records, I feel it is appropriate to clarify that all information recorded on CreditFiles will be a true reflecton of the way an account has been run we will only remove information if we have made an error. For me to review this matter further could you please forward a copy of your Credit File which details any default notice which the Barclays Group may of recorded.

 

If any consideration you would like to accept the offer detailed within my letter of 4 March please sign and return the acceptance form.

 

 

I telephone and spoke to Alison Leary who repeated this is their final decision. I explained I will be proceeding with action and she will inform the Legal Department.

 

In their previous letter they claim I had paid £3015 in charges. After ploughing through my last 6 years statements I have actually paid £3389. They even worked that out wrong!!

 

Submitting my claim today for £3389 plus interest £706.95

[BankFodder]

What about the default? Don't submit a claim until you have considered including this in your claim. Pm me that you have responded to this post.

[alansdale]

Hi can you tell me which dept you sent this to cheers alan.

 

Send the DPA request. Much better to be certain for yourself.

 

very embarrassing to be in court and suddenly they provide evidence that you are claiming too much and that if you had accepted their offer the debt would have been settled.

Keep control. Gather your own info. Don't rely on the bank. They are not to be trusted.

[kaznelson]

Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office customer relations

1 churchill place

london

e14 5hp

 

Attention: Anita Hicks

[EMMA WARD]

Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office customer relations

1 churchill place

london

e14 5hp

 

 

Attention: Anita Hicks

[kaznelson]

Quick Update

 

Barclays have acknowledged my claim and now have 28 days from date of service to reply

[kaznelson]

Viewed Money Claim Online and Barclays submitted a defence on the 20th April 2006.

 

I am eagerly waiting the details

[jinx_uk_98]

We seem to be at the same stage of the claim against Barclays. Have you recivied Barclays defence details yet? Got mine this morning they have broken down the charges and then quoted the t&c's of my account.

 

any different for you?

 

good luck

[kaznelson]

UPDATE - 22TH APRIL 2006

 

Received copy of their Defence.

 

First mistake I noticed was in their original letter of the 2nd March 2006 (in reply to my request for my DPA) they state "I note you are claiming a refund of £3005, which is the total amount of charges you have incurred over the last six years" (this was their calculation) When I finally got the statements and calculated the amount it was £3319.50. So they got that wrong!! In their defence they now agree with my figure.

 

The Defence reads

 

"It is admitted that

 

1) The Claimant has with the Defendant an Additions current account, number X, with an authorised overdraft limit of £x.

1a) The balance of the account X as at 7/4/06 stands at £x overdrawn

1b) That the Claimant incurred bank charges in the form of unauthoised overdraft and Paid Referral fees totally £3435 during the period 2000 to 2006

2) The Defendant is entitled to charge the Claimant for the unaurthoirsed borrowings by virtue of its standard terms and conditions which the Claimant accepted when the account was opened.

3) a) The terms and conditions which applied to this account would be: "A Paid Referral Fee is charged when you go above your Paid Referral Buffer. You will not incur more than 3 fees within any monthly charging period". £25 per account per day.

b) If you go overdrawn without agreement, or if you exceed your agreed limit we may return your cheques, standing orders or Direct Debtis. £30 maximum per account per day.

4) The charges the Claimant paid to the Defendant when she incureed an overdraft were payments which, under the terms and conditions of her account, she agreed to make.

5) Such administrative costs were consideration for the Defendant advancing further credit to the Claimant. The Defendant was under no obligation to advance the aforementioned further credit to the Claimant, and was entitled to impose the charges when the Claimant incurred the overdraft.

6) It is denied that the Defendants charges are unenforceable. It is further denied that under the terms charges were unlawfully debited from the CLaimants account.

7) In all the premises, it is averred that the Defendants charges are legally enforceable and the Defendnat was entitled to the charge.

8) The defendant denies that it is liable to the claimant for the sum claimed of X or at all.

 

I am returning my Allocation Questionnaire to the Court with the additional fee of £100. I will also be faxing it and posting a copy directly to the Banks Legal Department. I am also requesting a copy of their T&C.

 

Any suggestions would be grateful

[file_wizzard]

Don’t know what time scales are involved with your claim but it may be worth while waiting for 5-7 days before you return the questionnaire and £100, I don’t know directly how Barclays will deal with this stage of the proceedings, but most of the other banks seem to submit a defense, and then very shortly after will write to you and offer to settle in full without liability, this certainly seems to be the case with HSBC and others.

[Guest red_ratty_rat]

Any news?

[kaznelson]

Nothing yet, I'm even dreaming about the darn thing now!!!!!!!!!!

[Guest red_ratty_rat]

Good Luck and hope it's successful!

[oblong21]

Kaz,

 

did you fax your AQ over to our friend in the litigation department? Im about to do the same this afternoon.

[kaznelson]

Yes, I faxed it and sent in via Post. I also printed out a Fax Log just to make sure!!!

[Mervalous]

Who you faxing it to? in about 12 days Ill be doing my moneyclaim part to you see.

[kaznelson]

Today I have received a copy of Barclays Allocation Questionnaire & a copy of their T&C's I requested.

 

Nothing unusual in the AQ.