Court Next week! **ANOTHER BARCLAYS WON**

[Mervalous]

A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

 

 

What did you put in a reply to the barclays defence?

 

And where do I get the other information? any chance you could send me some stuff on a email?

[Spotted Dog]

Sorry to jump in on this thread. I would also be very grateful if you post in an open thread or PM me some pointers as to where to find the documents needed to submit to the Court.

 

 

Cheers

Spotty

[Mervalous]

No problem spotted, thats kind of why I made this thread, the information is about but its burried in other threads and I just cant find it.

[Mervalous]

OK this is what I have put together so far.

 

Let me know if you need any of these as some were hard to find using google:

 

List of charges to date

List of letters sent to Barclays

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). Supply of Goods and Services Act 1982 s.15.

OFT investingation

 

Well I think I have the above docs but having trouble finding the relevant sections in them

[Seminole]

Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

[boonyed]

Mervalous

 

Would it be possible to either post or PM me with a link to a copy of the Unfair (Contracts) Terms Act 1977 s.4, I can't seem to find one on the site or on the OPSI site.

 

Many thanks in advance

Boon

[Mervalous]

Yes, I have recieved a letter back from the courts informing that date is TBC and that I need to send all docs to both barclays and the courts 28 days before the court case.

 

Thats why I'm running around trying to find out what docs we should send, there doesnt seem to be a definative list anywhere.

 

Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

[andyroo]

Mervalous:

 

I am at the same stage as you. I am going to submit all of my evidence today, and spent the last week preparing everything.

 

I have included:

 

A copy of all correspondence with the bank.

A breakdown of charges + interest.

A summary of the dispute to date.

A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

A copy of the OFT Report on Default Charges [downloadable from OFT website].

 

I hope this helps.

 

 

Hi,

 

I have just recieved Barclays defence through the post. When returning the questionnaire to the court do I need to include any of my responce etc, or is all of that done later?

 

In regards to your quote above would you possibly be able to post any links to the relevant documents so I (and others) can have a scan through them?

 

Much appreciated....

 

 

PS: I too recieved the same defence as everybody else seems to.....

[Mervalous]

No documents need for the questionnaire, well I didnt bother as it says something about not needing to on the form.

 

I dont know where I found the above docs but if you cut and past the names into google it should bring you loads of links, thats what i did and just saved them on my PC now

 

hth

[Pillowatrick]

Andyroo & others seeking information:

 

I started by including all letters which I sent to Barclays, and received from them. I put these in chronological order. In hindsight, although I didn't include it, I would have also sent a copy of the letter which Barclays normally sends when it charges you £35 (The one that says We are charging you for having insufficient funds in your account, blah blah blah). If you choose to do this, write above it, "Sample Letter" (which, when accepted into evidence, will prove what Barclays have been doing, adding to your argument that it shouldnt cost £35 to only write this letter!

 

As far as the legislation is concerned, I used the Google search engine to find specific mention of the names of the Acts. I typed in the names of the Acts (e.g. "Unfair Contract Terms Act 1977"), and there were a few hits. Some of these sights allowedyou to print off the relevant sections of the legislation.

 

Other useful sources of information:

Govan Law - Resources: penalty & unfair bank charges | legal help from Govan Law Centre, Glasgow, UK

Bank Charges Hell - bankchargeshell.co.uk - Bank Charges

St Brendan's Law - Information about contractlaw and terms - Saint Brendan's - Law pages - index

 

Don't forget to include a copy of the OFT's April 2006 report on Default Charges - downloadable & printable from the OFT website http://www.oft.gov.uk. Before sending a copy of this to Mr Jeremiah (or his other assistants) and to the court, read through it, and highlight the relevant bits of the report. The judge will appreciate this, rather than having to trawl through the wholedocument. Notice, the end paragraph mentions that, although the Report focusses on credit card charges, its findings should also be applied to other banking services, such as overdrafts etc!

 

Good luck in your research. Please pmmeif you get stuck on any of the above.

 

PS: Although I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline, the final deadline day for the bank to do the same was today, and no docs. have been received by either myself or the bank. Does this mean Barclays cannot produce any evidence???!!!

[Spotted Dog]

Sorry to be a pain but I have had a quick look at the OFT site and cannot find the 'April 2006 report on Default Charges'

Could you post a more specific link please

 

Cheers

 

Spotty

[Mervalous]

OFT report:

 

http://www.oft.gov.uk/NR/rdonlyres/2EBC491E-303E-4FAA-A24D-32EF8396255E/0/oft842.pdf

[Spotted Dog]

Thanks Mervelous

 

Spotty

[Jamespalmer999]

can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

[mooreda]

Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

[Jamespalmer999]

Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

 

yeah np

 

unfortuantly i am not at home but will be tomz so i will let you know then!

 

James

[jinx_uk_98]

can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

 

that would be very handy indeed.

 

Can someone help us?

[Carl Stevens]

have you handed your docs to the court yet ive don mine yesterday but have had no letter from barclays with their defence docs should have been with me 7th August

[jinx_uk_98]

no, just putting together everything I need. so far I have the oft document (want to highlight relvant area's), all corisponance between me and Barcalys, list of charges.

 

anything else?

[omollmeg]

HI sorry to be a pain but what info did you send with you rAq form pls.

Many thx

[Mervalous]

search for all threads made by me and it didnt find my original one.

 

Anyway i just got a court date of 03/10/2006 at wandsworth county court.

[brussels1]

If they settle before the court date, send a letter to the court informing that they have settled with no new information coming to light and that in your opinion they are wasting the courts time by dragging out yours and other cases with no intention of defending - which Barclays seem to be doing with everyone. I'm waiting for the allocation questionairre now , however, i am cofident that they will settle before a court hearing- and I will be sending a letter to the court when the time comes.

 

I don't know if it will serve any purpose but its worth a try.

[Nightstar]

Good Luck mervalous:)

[Spotted Dog]

Good luck too

 

I am at a similar stage to you - AQ has been sent, now waiting for Court date

 

Spotty

[andyroo]

...I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline...

 

Ive just sent back my court questionnaire, how long after did you get your deadline to supply the evidence?

 

Many thanks.