Daxcobra 1 - 0 Barclays. Case WON

[daxcobra]

Hi all. I've been on this wonderful website for a few months now and have used the info on this site to get my bank (Barclays) to a small claims hearing. I've gone through the normal proceedure, including the bank offering me £1000 as full and final settlement (£3k+ claim).

 

I've gone through all of the proceedures and have finally been given a hearing date of 28th March. The court paperwork states that 10 minutes has been allocated for the hearing. Is this normal?

 

Speaking to a Court staff member, she says that all hearings relating to Bank 'overcharging' were being heard over a period of a few days and that they all had the same time allocation time.

[Rooster-UK]

Hi Daxcobra.

 

This could well be because the courts are coming to realise that the bank will settle before court.

A court hearing is the last thing a bank wants, because it has too much to lose.

 

Good luck.

 

Regards, Rooster.

[hagenuk]

Ten minutes is quite normal, given that the Judges know full well that not one single bank has attended yet and in all probability won't.

[rbrears]

10 minutes sounds like a directions hearing, not the trial of your claim.

[Isiris]

Must admit, seems strange

 

Ive got 2 cases, one on 7th and one on 8th of February 2007

 

Ones 90 mins and ones 2 hours.

[hagenuk]

Two of my claims were both allocated 15 minutes, 10 minutes does not seem unusual - neither of mine were for directions.

[daxcobra]

My hearing is in a couple of weeks but the case has only been allocated a 10 minute slot. Is this the full hearing or is it a preliminary one before the 'main' one?

[Michael Browne]

Is this the full hearing or is it a preliminary one before the 'main' one?

Almost certainly a direction or allocation hearing. Phone the court and ask.

 

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

[taylormandy]

I recently attended a final hearing at court. The judge told me that becuse so many banks are settling at the last minute, they are only allocating 10 or 20 mins for the hearings, so that they are not left with great gaps in their schedule when the banks settle just before court.

[daxcobra]

Finally, superb news!! Had a letter from Barclays yesterday saying they are to pay up in full (plus expenses) £3314.91. They of course disagree with my comments on their actions being unlawful and are only paying up due to the case being 'not economically viable for either party to go to trail'.

 

I look forward to my next case on my other account!

[ukaviator]

Well done. . . only 3 posts as well. You must have thoroughly read the FAQ'S..

 

Uk

[daxcobra]

Yes, its obviously a busy site so I took everything on board by having a good look around the forums. Once Barclays refund my money I intend to donate to the site as without it, claiming my money back would have been a damn sight harder. Thankyou all.

[Guest Niklowe]

Well done Dax

[tomburley]

Congratulations!

 

I too have had a very successful result with Barclays, actually on my wife's behalf.

 

For a while now I have been looking at the forum and thinking that I should have a go.

 

My wife had a couple of charges levied because of a small excess on her overdraft (£11). I wrote on her behalf saying:

 

Mr XXXXXXX

Head of Current Accounts

Barclays Bank PLC

PO Box XX

XXXXXX

XXXXXXXXXXX

 

Dear Mr XXXXXX,

 

Thank you for your letter dated 6 February, under ref: XXXXXXX, about my account number: XXXXXX, sort code: XXXXXXX.

 

You wrote to tell me I am overdrawn by £11.47 more than my overdraft limit and charging £30.00 to do so. You recently made other penalty charges at a similar level and I ask you to refund them all.

 

I understand that the regime of fees which you have been applying to my account in relation to exceeding overdraft limits and so forth is in breach of recent consumer regulations. If you say that they are not, then will you please let me have a full breakdown of the costs as a result of my breaches, to reassure me that your penalties really do reflect your costs? I believe other banks have reduced their charges.

 

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Yours,

 

 

They wrote back saying how sorry they were that she felt she had reason to complain and would get back by 20 March.

 

On 22nd March a letter from Barclays was delivered offering a figure in full and final settlement. I told her not to accept it as I notice that posters in the forum say that it usually about a third of the full amount.

 

We checked the statements over the last 6 years and found that they were offering every penny that they had ever charged.

 

She posted the acceptance today.

 

No threats of court action, just one letter, I think the power of bad TV publicity (Whistleblower) is a positive force.

 

I want to thank all the community for the information and guidance in the forums and encourage other sufferers to put pen to paper.

[ukaviator]

Well done Tom. .great work

 

Uk

[daxcobra]

Barclays finally gave in a week before the court hearing. It was straight after my court bundle landed on the desk of their chief legal executive. Repayment in full £3314.91

[Bigmac versus]

Congrats to you daxcobra, bet you feel on top of the world now.

[kippy2]

hearing. my court bundle landed on the desk of their chief legal executive.

 

how do you know that?

 

congratulations

[harvest]

Woooohooo!!! Congrats!!! (I'm only a visitor this forum but well done)

 

btw -kimmy01 has a point...how do you know that?

 

And don't forget to make a donation from your winnings to this site. And fill in the online survey (takes seconds) so the site can keep track of refunds overall.

 

Well done again and good luck:)

[woodentop]

Woohoo, well done

[lthomp192]

Barclays finally gave in a week before the court hearing. It was straight after my court bundle landed on the desk of their chief legal executive. Repayment in full £3314.91

 

Well done you they seem to be still hanging on to the last minute, or is it just that they are really busy?????? again

well done.

[Janet-M]

4 threads merged so some of the above posts may not run in sequence

CONGRATULATIONS

[rosebud23]

Hi,

I am new to this forum&website and about to file a claim against Barclays.

Despite studying law at University, I am a bit intimidated by it!

Thanks