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My Girlfriend vs Barclays - ::::::SETTLED IN FULL:::::::::

tomas weber

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ere are copies of the letter sent to Barclays as well as the reply letter received from them offering full settlement of charges totalling 200 + interest.


Hope this is of assistance to anyone currently in dispute with Barclays. If you have any questions regarding the contents of these letters or anything else you feel I may be able to help with please PM me.





Letter sent to Barclays:


Head of Current Accounts

Barclays Bank Plc

72 St James Street


BB11 1NH


Penalty & unfair chargeslink3.gif request for refund for Miss R. Markham, sort code XX-XX-XX, account number XXXXXXX


Dear Sir/Madam,


I write with reference to my current account with you. Over the past few months, I have noticed a number of 25 charges being levied, allegedly connected with the costs involved in allowing transactions which have taken me over my overdraftlink3.gif limit, please see the attached table for a breakdown. I would like to express my objection to each of these charges, and ask for their reversal.


I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Your charges do not reflect any actual or real loss, instead they appear to represent a lucrative profit-making scheme.


On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:


Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.


On 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a lucrative profit margin, in addition to actual loss, they are irrecoverable as an unfair term in contract.


The fact that these charges were applied has meant that even after additional funds were credited to the account which would normally have been sufficient, on some occasions the balance has remained overdrawn or otherwise insufficient. As a result, additional transactions have been processed when inadequate funds were available in my account, and additional charges applied. I believe the term vicious circle applies to this situation, and as such, it could constitute a clear breach of the Banking Codelink3.gif.


Regardless of the wording of the automated letters sent to me, these charges constitute a penalty charge, as the amounts bear no relation to the actual damages incurred by you. I have been advised to remind you that such penalty charges are legally unenforceable, even if a clause exists in the terms and conditionslink3.gif that authorises such a charge.


The charges have also worsened my already fragile financial status. I am on a fixed and limited income, and I am struggling to pay off debts. I hope that you will take note of my situation and provide a favourable resolution.


At a minimum, I now ask for the charges to be reversed, and for any debit interest accrued as a result of these charges to be re-credited to my account. If this does not occur within 14 days of the date of this letter, I will be forced to seek further action, which is likely to increase the costs you incur to settle this dispute.


Yours faithfully,

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When did you start the claim and when was it settled.






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