bigal75 v Barclays. ** WON **

[bigal75]

hi folks new to all this and not very good with computers :?

basically i trawled through 6 years of statements and found £3000 worth of referral fees where i have gone over my limit,i take it these are the charges when you go overdrawn.

are these the charges you can reclaim or is it just the fees for the bank sending a direct debit back ?

can you claim back for all these referral fees,many thanks in advance,

Mr Confused !

ps i sent a registered letter with copies of statements to barclays today with template letter but just a bit worried as i don`t want to look stupid and it seems to good to be true

[livelylad]

hi folks new to all this and not very good with computers :?

basically i trawled through 6 years of statements and found £3000 worth of referral fees where i have gone over my limit,i take it these are the charges when you go overdrawn.

are these the charges you can reclaim or is it just the fees for the bank sending a direct debit back ?

can you claim back for all these referral fees,many thanks in advance,

Mr Confused !

ps i sent a registered letter with copies of statements to barclays today with template letter but just a bit worried as i don`t want to look stupid and it seems to good to be true

 

 

Hello and welcome, in this thread it explains what you can claim back. Also if you read the FAQS and step by step instructions this will explain it for you.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=6

[bigal75]

many thanks

[bigal75]

Hi people

 

Barclays have said they will go to court as i have gone a few months over the six years limit !!!

 

Does this matter as if i went to court i would just wave these extra couple of months ?

 

Are they trying to scare me or do they have a case ?

 

 

Help would be greatly appreciated.....

[saintly_1]

It sounds like part of barclays standard defence .... im sure they will settle in full just before the court date ..... but you might want to wait for someone with more experience to answer

Hope that helps ... Saint

[bigal75]

Cheers mate , i am hoping it is irrelevant (as in losing a case) just need a confidence boost...

[Bookworm]

Threads merged, please stay on 1 thread per claim, it makes things easier to follow.

 

They have 3 choices:

1 - Admit the charges are unlawful, then you tell them that you're happy to let the judge decide if some of the charges are statute-barred or not.

2 - Pay up as a "goodwill gesture" or because it is "uneconomical to defend", in which case what does have the 6 yrs limit have to do with it? They are paying to make you go away, and only full payment of ALL charges will make that happen.

3) They can try to scare you into going away by feeding you some lines of legalese.

 

Which one do you think they're doing?

[bigal75]

apologies, much appreciated,cheque in post upon victory

[oneofakind]

What you apologising for?

 

We're all here to help, and we all (probably?) started out asking what looked like daft questions.

 

Get positive. you WILL win!

 

[bigal75]

cheers i will let you know

[stevie8abes]

Hi everyone,

 

Firstly, this is a fab site so thank you to everyone for making it happen and keeping it going.

 

Secondly, I've just recieved a notice that my case is being transferred to County Court as Barclays have submitted a defence. Is this normal and, having read many of the threads, do I just sit tight and wait for the offer?

 

Also, what's the chances of claiming punitive damages? I know there's a high profile case going through the courts at the moment but does anyone have any experience of going further than just the charges?

 

Once again, thanks for all your help.

[saintly_1]

Hi everyone,

 

Firstly, this is a fab site so thank you to everyone for making it happen and keeping it going.

 

Secondly, I've just recieved a notice that my case is being transferred to County Court as Barclays have submitted a defence. Is this normal and, having read many of the threads, do I just sit tight and wait for the offer?

 

Also, what's the chances of claiming punitive damages? I know there's a high profile case going through the courts at the moment but does anyone have any experience of going further than just the charges?

 

Once again, thanks for all your help.

Its much better if you start your own thread then you arnt hijacking someone elses thread .. its normal for B's to submit a defence

[bigal75]

Sorry everyone little help needed,,,

 

Recieved notice of transfer proceedings today (going to epsom cc)

 

Couple of questions

without hearing ? it says the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise ?

What does this mean and do i now just wait for the allocation questionnaire now as i recieved notice of transfer and a defence and counter claim form /

 

I take it i have nothing to sign (by the looks of it) do i just wait now until the court write to me again /

 

Not being stupid just frightened i will mess up.

 

I am reading up everywhere on the site just if someone could kickstart me off i will be eternally grateful................cheers

[Rooster-UK]

it says the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise ?

Exactly what it says. For the most part, the allocation questionaire is being dispensed with on claims through MCOL.

 

Just wait now until you hear from the courts.

 

Regards, Rooster.

[fitzos]

you wont get an AQ through, the courts are trying to speed things along. back to the waiting game but you could always start thinking about your court bundle as thats one of the next steps after the court has got back to you.

[bigal75]

CHEERS Rooster, looking at things that are not there i think,(beginning to panic) what is the best thread for showing me what i should start putting into my bundle for court ?...... many thanks again

[CAZKATJOE]

Hi I claimed through MCOL and was just transfered to my local court and although the AQ has been dispensed with, today i recieved a request to pay £100 so off to the court tomorrow to pay. This will probably happen to you too, so be prepared

[bigal75]

cheers you two......... let me know how you are getting on Cazkat as we are at the same stage !!

I got £220 of Halifax so i suppose i have nothing to lose (this one is nearly 4k)

[bigal75]

Barclays have put a big defence in against me.

 

1 The particulars of claim do not provide details of the precise charges alleged to have been unlawful etc etc ( i sent highlighted statements back which showed the fees,do not say Barclays took them but who else would ?)

 

2 I have gone two months over the 6 year period

 

 

3 well i think the rest are just standard so..

 

 

 

Should i be worried or not

 

 

any help greatly appreciated.........thanks

[saintly_1]

Nope ....... its all the standard defence

[bigal75]

cheers mate

[dar£n]

the statements were copies werent they ???????

[Tipsy0nBacardi]

Dont you ever sleep dar£n lol

[etteh2000]

I too have recieved a similar defence, which were copies. I am worried on what happens next? I was sent an order that states that 'the filing of an allocation questionnare be dispensed with in this case unless the District Judge at the courtof transfer orders otherise'.

This was sent on 09/05/07 since then I have been waiting. Can anyone help me on this issue.......please?

[bigal75]

Recieved a letter from Epsom court today that without hearing my case is being switched to Guildford court

 

It is ordered that Pursuant to the order of his honour Judge **** q.c,designated judge of the Surrey group of courts

 

it is ordered the case be transfered to Guildford

 

 

Should i be worried ? why have they changed courts ?

 

 

Any help will be greatly welcomed.................cheers:idea: