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Barclays v Hildragon


Hilldragon
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On the threshold of a dream?

I've requested a record of my bank charges and had my cheque for ten pounds (to cover their expenses) returned with a letter saying they will supply my statements free of charge.

As to the list of charges, they say they do not hold/cannot supply information in that form.

Knowing a little about databases and these things are held on a database for sure it is a very simple process to bring up that sort of thing at the touch of a button. They themselves would want to know that sort of thing, so the assertion that can't do it, is remote in the extreme.

The request was sent to their Radbroke Hall address.

 

Watch this space.

 

Hilldragon

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They won't give you a list of charges, but you should receive a fat envelope full of weird looking printouts. My bundle had about 4 different formats in it; looked like some were copied from computer printouts, some from microfiche or whatever. A quiet hour spent with good coffee, a highlighter pen and a magnifying glass (only joking about that, unless your eyesight's even worse than mine!) and you can identify all the charges they've levied against you.

 

tot them up, stick them in the spreadsheet (actually, that even does all the totting-up for you!) and away you go.

 

Easier than it sounds, honest!

 

D.:)

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  • 3 weeks later...

I have had nothing but a letter saying that they would supply the information but not sort rather in the form of statements. They returned my cheque saying they would supply the information fre of charge.

I'm sending the seven day notice letter. What action should I take then? I realise it's court but what exact form should this action take?

 

H

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As to the list of charges, they say they do not hold/cannot supply information in that form.

All they are saying here is, they dont want to make it easy for you, if you want it you gotta go looking for it...and they produce your request in the form that you are used to, [i.e true statement layout] would be time consuming and contain a lot more pages,

 

you dont actually say how long you have been waiting since your SAR.

Initially the deadline is 40 days, but due to extreme demand they are struggling big time to keep to this, on average turning around in about 45 - 50 days.

Id give it til then before sending in your non compliance stuff.

 

-CAZ, you got a list of charges?? No fair, must be those long eyelashes. ;-)

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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The 40 days deadline was up on April 21st.

Since they say they will comply for free I'll give them till the end of April then serve them with the non-compliance letter.

After that what is it I should be doing court wise?

 

H

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Well the statements arrived. Now it's a plod through six years of records to process the charges through the spread sheet.

What time scale should I be looking at for Barclays to come up with he goods?

 

H

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  • 2 weeks later...

Send them this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html with a copy of your charges spreadsheet.

 

don't mention anything about interest at this stage. Delete the 'days since' and 'interest' columns from the spreadsheet (SAVE IT FIRST!!!) then print it out. this is what you send them.

 

Use Recorded delivery post, so you know they receive it.

 

Bur before you do any of this, go to http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ and spend some time getting your head round the procedure! One daft mistake could ruin the whole thing for you.

 

And, if in doubt, ASK before doing anything!

 

Good luck.

 

;)

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  • 2 weeks later...

I have been waiting a while to see how the tsb Berwick case panned out. I've seen little since the failure of his case hit the press. I have however seen that he is appealing the judgement.

Have any claimants succeeded in reclaiming charges since Mr Berwicks failure?

I'm about to send off my claim against Barclays. If it goes to court what are that specific reasons to claim the charges made by the bank are illegal or unjust?

It seems to me Mr Berwick didn't convince the judge of the legal reasons why the TSB's charges were illegal.

Also who should I address my claim to at Barclays?

 

FYI An article from the Daily Telegraph:-

Bank charges: the jury is still out | Personal Finance | Money | Telegraph

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Yes people are still receiving settlements from what i read of the Berwick case it was mainly because he (MR Berwick) said there was no breach of contract Due to this the judge said the charges wernt panalties but payment for a service.

 

Barclays Bank plc

1 Churchill Place

London

E14 5HP

is the address for barclays that you use on you court forms

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Ta saintly_1

So what should the arguement be to give in court? The charges are not service charges, but penalties, and go against the banking code or what ever?

A lot has been made by Martin Lewis and others that the banks may charge to recompense themselves for notifying you of your breach of contract; that is going overdrawn or a bounced cheque, but they are charging inexcess of that expense incurred.

Should we accept that the banks can make charges but that the charges made are excessive and therefore not legal?

 

H

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it is very unlikely that it will get as far as the inside of a court at all.

To see what to put on your court forms take a look here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

or here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

Depending on which way you are going to make your claim

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  • 2 weeks later...

I am only today sending my claim to Barclays. Time constraints.

A question: We're told not to include our interest calculation with the schedule of charges yet it appears on the letter for the claim. Why?

 

H

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I'm sending my claim in today; late due to time constraints.

We're advised to leave out our calculation for interst on the schedule of charges but it is included on the claim letter. Why?

 

H

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the interest thats in the letter is for overdraft interest ... but as you can only claim the proportion of the interest that was the result of the charges its not that easy to calculate .... just delete that from the letter .. The interest @ 8% is only added to the claim once you file at court

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