Slick v Barclays(business) ***WON***

[slick132]

Hoping for help please.

 

My barclays business a/c had loads of 'account control fees' which total over £2k in the last 6 yrs. These were charged when I was overdrawn and paid out a cheque or a DD. Instead of bouncing and charging me, they paid the item and charged £12 and then £20 resulting in quaterly AC fees of £300+ at times.

 

Q. Are these account control fees reclaimable in the same way as unpaid items charge.

 

Thanks

[Michael Browne]

See here:

Business Claim - FAQ's

Business Claims - basic guide

[slick132]

Thanks for the link. However, it still does not clarify whether the Account Control Fees levied count as reclaimable. They were charged presumably for someone to consider if payment should clear. Is this any different to a cheque referral fee or unpaid cheque fee.

 

Opinions please.

[slick132]

1st claim letter sent by Recorded Del'y 7th March.

 

No reply rec'd yet so LBA will be sent on 26th March.

[slick132]

Please could I have a link for a Court Bundle for business bank chgs claim. Thanks. Slick

[slick132]

No reply so LBA was sent.

Just after 14 days was up, rec'd a standard letter from Cust'r Relations saying they'll reply by end April.

Spoke to the Tel no they gave and was told no refunds made for business a/cs. Was told to speak to my branch.

Called branch out of interest and they had my claim letter back there but had to now refer it to another office. I said 'enough - I'm off to Court.

 

Filed papers at the County Court this pm (24/4/07).

[dar£n]

Nice work, dont stand for their excuses,

If they dont want to pay out we will MAKE them pay out!..... RIGHT BOYS N GIRLS?

[slick132]

In reply to my request for repayment of charges and my LBA, Barclays wrote a ltr saying looking into it and will reply by 30th April. Lucky old me rec'd reply saying Thanks for my patience while they investigate my complaint fully. And i now quote, "However, we will contact you again as soon as possible, and certainly no later than xxx."

Yes, they put xxx!

I'm so glad I was told by forum peeps to stick to my own timetable. Or barclays would have me on hold forever.

Bank has till 10th May to respond to Court papers.

[slick132]

Barclays Filed Acknowledg't of Service on 8th May and have said they intend to depend all of my claim.

They now have 28 days to file their defence.

Hope the chat room is back up and running by then!

[saintly_1]

They have 28 days from when the claim was served not from when they acknowledge

[slick132]

Rec'd 3 page defence from Barclays today setting out 12 points of reply.

Court has sent me AQ for completion despite telling me before this may not be nec'y. AQ to be returned to court by 7th June.

 

HELP PLEASE.

 

I've scanned Barclays defence and could send it by email if it helps.

 

Thanks, Slick

[slick132]

Would appreciate a reply to my last post.

 

Worried the defence is a bit strong but maybe normal.

[saintly_1]

Not sure what the normal defence is of a business claim ..... but B's have been issuing an 11 point defence for customer accounts

[slick132]

When I 1st wrote to Barclays dated 7th March , I claimed £48 re. chgs debited in March 2001. Court claim N1 was iss'd 24th April so will the £48 be lost now.

 

And I'd still appreciate response about Barclays defence which I mentioned in my thread above.

 

Thanks for help.

[saintly_1]

Very much doubt that you will lose the earliest charge

[dar£n]

if you have scanned the document, cant you copy and paste it into your thread.?

 

I dont understand what youre saying about £48, are you concerned about the limitations act?

[slick132]

Dar£n,

 

When I 1st wrote claim to Barclays,£48 of my total claim was still in date but when the Court issued my claim, the amount which was chgd in March 2001 was over 6 yrs and Bclys have mentioned this in their defence. Will I have to drop this £48 from my total claimed from Bclys do you think.

 

I have the defence scanned as a text doct but it runs to 2 pages. Isn't this too big for my thread. I could PM it - I just wanted to know if their defence is standard . It looks daunting but I guess that's the idea - to put peeps off. Thanks, Slick

[dar£n]

Leave it in buddy, there is no limit to the 6yr claim anymore, you can claim right back if you have the information.

Limitations Act pfffffft yeah right.

 

they wont quibble over £48 anyhoo.

 

keep going

[slick132]

I've probably still got older statements. Are you saying I should go back beyond 6yrs if I have?

 

And what about posting or PM'ing the defence. Do you think it sounds normal and nothing to worry about.

[dar£n]

The defence will be normal.

Check No1 doesnt say anything about not providing information about charges etc..

[slick132]

Hey Dar£n, No.1 says.....The Defendant put the Claimant to strict proof of each charge and the date thereof.

 

I have all have nec'y statements and charge notifications.

 

Re. my last post, are you really saying I should go back beyond 6 years. I do, in fact, have statements detailing charges back to April 1997.

 

Opinions eagerly awaited.

Thanks, Slick

[dar£n]

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html?highlight=Claiming+6

[slick132]

Thanks Dar£n,

 

I'll stick to the 6 years for now and hope the £48 from March 2001 gets included.

 

So now I'll fill in the AQ and get that back to court.

 

And I'll keep an eye on how progress goes re charges going back beyond 6 years before I leap in.

 

Regards, Slick

[slick132]

Filled in my AQ including the Draft Order for Directions and will take to court Monday 4th June with £100 fee.

 

Sending Barclays copies by recorded delivery.

 

Onwards and upwards.

[saintly_1]

The future is bright .... the future is CAG