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alumb05

Court - Coming Soon!! Worried!!

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Hi

 

I am getting quite worried now re my court case as i have heard about somebody losing their case recently. Please can somebody reasure me or let me know if i need to do something else in regards to my case.

 

The case is for a Business Account and i have heard nothing back from Barclays since i raised a case with MCOL. The last time i did this with a current account they got back to me to try and reach a settlement. Is it normal procedure now to not contact people to do this, i would of thought they would of contacted me by now as the court case is on July 18th!

 

I regret this now but i used the advanced spreadsheet and i'm now worried that they may be contesting my case becasue i made a mistake. Is it possible for anyone to verify my calculations?

 

Here is a copy of the claim i placed online, does this look OK?

 

****************************************

 

The claimant has held a current account with the defendant, conducted on their Standard terms and conditions since November, 2004, The defendant from 28/6/2005 to present day has applied charges to the claimant account, totalling £1,561.08. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so. The claimant claims £1,561.08, being the sum unlawfully debited. The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £84.16. Interest on the Penalties received to 10/2/07 = £262.178% and 8% on interest on penalties = £9.85 Total = £1917.26

****************************************

 

Any help on this is most appreciated, thanks in advance

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Hi alum

 

Hang on, have Barclay's entered a Defence? If so, can you post it? If they haven't why have you not applied to have it Struck Out? Where is your case being heard?


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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Hi

 

Yes, they have entered a defense but i don't have it with me. I will get it out when i get home tonight and post it on here.

 

I have just been browsing through the site and i read a very helpful thread about MCOL

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

I'm afraid i didn't send off the Schedule Of Charges to the court. Should i do this immediately? I don't remember doing this in my prevous case with the current account.

 

Regards

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Please would somebody be good enough to check my schedule of charges, i want to ensure Barclays can't beat me on anything. I have used the complicated spreadsheet to work out all the interest (which i regret doing now). I have also put in what the charges were, i went through the statements and put in anything i thought was some kind of a charge but when asking about these things on the forum nobody had heard of any of them. As this was a while ago, hopefully some more people can verify if they are legitimate to claim back. Thanks

 

DATE PENALTY APPLIED

DETAIL OF PENALTY

PENALTY CHARGED

8% ON PENALTIES

INTEREST DATE

INTEREST ON PENALTIES

8% ON INTEREST ON PENALTIES

TOTALS:

1,561.08

83.82

262.17

9.79

28/06/2005

COMMISSION

60.00

7.77

06/03/2005

0.00

0.00

27/09/2005

COMMISSION

40.00

4.38

05/06/2005

0.00

0.00

17/11/2005

UNPAIDS OUT

30.00

2.95

04/09/2005

10.28

1.18

14/12/2005

UNPAIDS OUT

30.00

2.77

04/12/2005

6.94

0.66

29/12/2005

COMMISSION

80.00

7.14

05/03/2006

15.52

1.16

17/03/2006

UNPAIDS OUT

70.00

5.05

04/06/2006

56.96

3.12

22/03/2006

UNPAIDS OUT

70.00

4.97

03/09/2006

58.42

2.04

28/03/2006

COMMISSION

60.00

4.18

03/12/2006

95.81

1.43

15/05/2006

BUS ESSENTIALS

21.73

1.29

19/12/2006

18.24

0.21

18/05/2006

COMMISSION

300.00

17.56

00/01/1900

0.00

0.00

06/06/2006

UNPAIDS OUT

35.00

1.90

00/01/1900

0.00

0.00

15/06/2006

BUS ESSENTIALS

21.73

1.14

00/01/1900

0.00

0.00

27/06/2006

COMMISSION

3.31

0.16

00/01/1900

0.00

0.00

28/06/2006

UNPAIDS OUT

35.00

1.73

00/01/1900

0.00

0.00

17/07/2006

BUS ESSENTIALS

21.73

0.99

00/01/1900

0.00

0.00

25/07/2006

UNPAIDS OUT

35.00

1.53

00/01/1900

0.00

0.00

27/06/2006

UNPAIDS OUT

35.00

1.74

00/01/1900

0.00

0.00

01/07/2006

UNPAIDS OUT

35.00

1.71

00/01/1900

0.00

0.00

15/08/2006

BUS ESSENTIALS

21.73

0.85

00/01/1900

0.00

0.00

15/09/2006

BUS ESSENTIALS

21.73

0.70

00/01/1900

0.00

0.00

26/09/2006

COMMISSION

330.58

9.85

00/01/1900

0.00

0.00

26/09/2006

COMMISSION

35.00

1.04

00/01/1900

0.00

0.00

16/10/2006

BUS ESSENTIALS

21.73

0.55

00/01/1900

0.00

0.00

15/11/2006

BUS ESSENTIALS

21.73

0.41

00/01/1900

0.00

0.00

15/12/2006

BUS ESSENTIALS

21.73

0.27

00/01/1900

0.00

0.00

19/12/2006

COMMISSION

103.35

1.18

00/01/1900

0.00

0.00

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Sorry, the above did not show up as i expected, if someone is willing to give me a hand with this though, please let me know and i can e-mail you a copy.

 

Getting worried!!

 

Thanks

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