Let Battle commence Bakewell Vs Barclays

[bakewemr]

Just sent my letter ''subject access request'', as a former student I will have thousands no doubt !!!

 

Just a quick on, do I put it to the attention of the ''Data Controller'' ?

[Rooster-UK]

Please read the FAQs, the step-by-step guide and also have a read through the threads.

 

This will answer most of your questions.

[bakewemr]

Copy of letter my solicitor has sent to the Barclays:

 

 

The Manager

 

 

The bank has charged my aforementioned client numerous fees in respect of unpaid items and unauthorised borrowing since April 2001 amounting to £*** and £*** on account nos. ******** and ******** respectively. I have enclosed copies of the statements of account in which these charges appear for your information.

 

Having taken specific legal advice on the matter of such charges I would make the following points:

 

Whilst I accept that where a breach of contract has occurred, such as in this case, the bank is entitled to recover appropriate damages to compensate it for the actual loss incurred. The parties to a contract can agree, as is the case here, that if either party breaches the contract, a certain sum of money is to be paid to the other. If this sum is termed a genuine pre-estimate of the loss as a result of the breach of contract, then it stands as agreed damages and is called liquidated damages.

 

If the sum agreed however is not a genuine pre-estimate of loss, but a penalty, then it is not recoverable as a matter of law. The charges which the Bank has levied on my client clearly fall into this latter category in that they are excessive and therefore not a genuine pre-estimate of loss, but a penalty and therefore, not recoverable in law. If the bank considers these charges to be damages, then please would you provide an analysis which demonstrates that these charges actually do reflect the bank's costs.

 

There are also several cases in law which prove this argument, three of which I quote below:

 

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage & Motor Co. (1915)

Bridge v Campbell Discount Co. Ltd (1962)

 

It is also the opinion of The Office of Fair Trading (OFT) that these charges are punitive in nature and furthermore, The 1977 Unfair Terms (contracts) Act requires that all contract terms be reasonable. I don't consider these charges to be reasonable as defined by this act.

 

As I am sure you are aware, the OFT has already instigated a cap on credit card penalty fees and further to this, announced on 7 September 2006 that it is now is to investigate overdraft charges and it is highly likely that there will be a similar outcome.

 

This statement from The OFT has far reaching legal implications for the banks who impose these charges and it is now clearer than ever that at the present levels, penalty charges have no legal validity and there can be no that this statement would further strengthen any challenge to recover these fees should one be brought before The Court.

 

Given the above, I should be obliged if you would arrange to refund the full amount of these fees, being £*** in total by 15 November 2006.

 

I sincerely hope that you will enter into dialogue with me in this matter and I have enclosed the appropriate form of authority to enable the bank to respond directly to me. Should you wish to discuss this matter with me, please feel free to telephone.

 

In the meantime, I should be grateful if you would acknowledge receipt.

 

Yours faithfully,

[bakewemr]

SETTLED !

£380 BARCLAYS !

STILL WAITING ON BARCLAYCARD & HSBC OFFERS.

[chesterb]

WOW!!!!! That was very very quick!!!!!!! Congrats!

[phil-99]

SETTLED !

 

£380 BARCLAYS !

 

STILL WAITING ON BARCLAYCARD & HSBC OFFERS.

 

Was that the amount you were claiming, or a settlement figure?