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It's been well over a week and I've got nothing at all

 

I don't think so anyway, once you got a couple of dup sets of statements they kinda all blur into one

 

I think the way they keep trimming months off the start date is very amusing

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I think the way they keep trimming months off the start date is very amusing

 

... ah yes, that's a very naughty naughty. When I pointed this out to their Customer Services, I got an email response explaining that it was because they only hold 6 years worth and not a day over "due to Statute Limitations" - no, it wasn't a joke reply, they honestly expected me to believe that the system continuously destroys all transaction records on a monthly basis!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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... ah yes, that's a very naughty naughty. When I pointed this out to their Customer Services, I got an email response explaining that it was because they only hold 6 years worth and not a day over "due to Statute Limitations" - no, it wasn't a joke reply, they honestly expected me to believe that the system continuously destroys all transaction records on a monthly basis!

 

 

Its utter rubbish... i got statements back to 98 and now waiting for microfiche entries back to 95

 

madeleine150x120.gif

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Trucker - what magic phrase to you use and on which department?

 

Admittedly, my request was for Woolwich statements so I think Barclays is using the excuse that historically Woolies retained only 6 yrs of records and that was the state of play when Barclays took them over.

 

Hippo - any news yet?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Trucker - what magic phrase to you use and on which department?

 

Admittedly, my request was for Woolwich statements so I think Barclays is using the excuse that historically Woolies retained only 6 yrs of records and that was the state of play when Barclays took them over.

 

Hippo - any news yet?

 

I contacted the barclays retail banking customer relations team on 0845 609 0806.

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Hippo

 

Hhmm, so on the 14th June, the nice lady said she was actioning for them to be sent that evening? I bet she says that to all the fellas!

 

Have you thought about sending a email advising that they are in breach of DPA and that you are considering legal action if they do not provide within next 5 working days? At the very least, you will more than likely get an email response (with someone's name) which you can then use as a lever should you need to LBA them for breach - it'll provide a very compelling piece of documentary evidence if it contains an assurance to send.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I owe the nice lady at Barclays an apology, I've just found an A4 envelope with the statements from 96 when the account was opened through to the set for the last six years, the wife opened it and 'filed it' for me, joint account

 

Goody

 

Sorry again to the nice lady if she's reading, I did write it down at the time, on a scrap of paper

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Actually from 97 but when the account was opened anyway, the early ones are from fiche

 

Sadly we seemed to have a lot of ready cash in those days, no overdraft and plenty of cash sloshing about

 

A miserable £105 in charges for the three years :(

 

I'm assumign the monthly £5 'overdraft fee' isn't claimable

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As I remember, Barclays used to charge a £5/month fee for my overdraft if it was used. Not reclaimable sadly, it's a valid 'service charge'.:(

 

I was disappointed with my pre-2001 statements too. Between 95 and 2000 I only managed to rack up £100 or so!:(

 

Where did all our cash go, Micky???:confused:

 

(well, most of mine ran off with the ex, TBH!:D )

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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I know where it went all right, sigh

 

I'm not sure whether to claim for £105, it being pre six years and all

 

I figured the £5 was valid, that might have added another thirty quid

 

if I can get my NW statements, I'll be minted :rolleyes:

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Maybe I'll work out what my £100 equates to with CCI....

 

not really worth the effort otherwise!

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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  • 2 weeks later...

Defence from Barclays arrived from the court today, sadly with an AQ

 

1. To the extent that it is alleged that the claimant incurred charges on the Claimant's account for unauthorised borrowings (wether unpaid fees for returned cheques, "Paid Referral Fees" or any such fees), the Defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised:

 

a) The Defendant's right to charge a " Paid Referral Fee" etc etc

b) The Defendant's right to charge an administartion fee etc etc

c) The Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit etc etc

 

3. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and charges applicable etc etc#

 

4.

5. liquidated damages/utcc/ucta/s15 of the SGSA

6. Therefore it is denied that the charges were unlawfuly debited etc etc denied that Defendant has concealed any charges

7.

8. denied that charges unduly enriched

9. charges and interest are lawful

10. claim for interest is denied, lots of dissing of M&R, no gounds etc etc

11.denies liable for the sums claimed and interest as pleaded, charges prior to 4th June 2001 SLA

12.some gobbldygook that seem to imply they'll 'seek to recover such loss and damage as it actually suffered

 

signed one Rosemary Treves Brown

 

 

All standard enough? I've not read ahead to this point yet

 

And I send something to the court now to suggest the AQ is dispensed with don't I? Or is it too late for that?

 

I don't need to respond to the defence itself do I?

 

As ever, thanks

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Pain in the bum I know because of the filing fee but as long as you send in the Draft Directions with it, you may save a lot of waiting to be allocated a court hearing date.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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The draft thingy looks very exciting, I think it makes sense, essentially I'm sending the bundle in early and defying the bank to do likewise?

 

Any tips on arguing the CI angle of the claim at this stage if necessary? To save my lazy arse from hunting around :)

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micky,

 

your defence is bog standard, exactly the same as the one I received.

 

:D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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thank-you, it reeked of something that had my case details pasted over the top and faxed in a hurry

 

I take the draft directions is the way to go? need to swot up on the necessary evidence/bundle thing now I suppose

 

that and scrape up £100

 

if the judge goes for the draft thing and I get my bumpf in, is the bank going to put there stuff in? ie will they be able to contest the CI element? if they offer the core charges leaving only the CI, I refuse, and then they fail to put in their evidence regarding the nature of their charges (as I presume they always will) then do I effectively win by default?

 

or will they then only have to present a case that smashes the CI portion alone because by offering the core charges that no longer has to be defended?

 

you can probably tell I only skimmed this subject last night :)

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Yes, definitely go with the draft order for directions.

If the Judge goes with it, it's like telling Barclays to 'p*** or get off the pot' as my late Grandad was fond of saying.

 

As for the CI element, this is tricky. From reading other threads, I don't believe anyone has actually gone to court and been awarded CI.

BUT we all know the last thing Barclays want to do is go to court at all!

 

I can see this turning into a poker game...

 

:D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Ta

 

I have no illusions about arguing CI in front of the judge

 

But am I right to think that the bank will not produce it's bundle because to do so would mean they have to produce the proof that their charges are fair etc etc?

 

Is that what happens with the people that have had the judge go with the draft directions?

 

And if that's so, doesn't it mean that the bank will either have to settle in full, CI and all or lose by default?

 

Or will they be able to offer all but the CI and then only have to offer evidence on the CI portion and so sidestep having to prove their charges are lawful etc etc?

 

Pardon my questions, I haven't has time yet to red up on exactly what the bank has to produce under the draft directions and whether they do

 

and of course the CI factor adds some complexity to the process

 

not really poker the draft route is it? more wham bam what you going to do about that (not much hopefully)

 

granted the regular process is a bit more like that although I assumed under that route the bank wouold eventually offer everything but the CI and then stick to their guns in the knowledge that they can probably beat the CI in court

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  • 2 weeks later...

I'm filling in my AQ (N149) at this exact moment

 

I've got the various bits and bobs for the draft directions and the application to have their defence struck out

 

the only bit I'm sucking my pencil on is the wording to put in to section G (other information) to indicate to the judge that I want their defence struck out and failing that the draft directions used

 

is anything fancy called for or can I just wing it

 

I'd be keen on a answer to my last post too :)

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http://www.consumeractiongroup.co.uk/forum/barclays-bank/97169-aq-strike-out-application.html I would just just go with what's indicated here :)

 

As to the CI i dont have enough knowledge of ot to advise sorry :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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thanks fella/lady, I did get there in the end, I think I've got it all now, just need to mark it up and fill in the AQ itself

 

might as well bang out NatWest's at the same time

 

it's all good stuff, God bless the people on this site

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