DOS v Barclays - Personal Account

[Destinyofsouls]

Hi,

had a good look round the barclays threads can't find the above. The o/d fee is £5 per month as aginst the una o/d fee at £ 20

 

Is the first one reclaimable?

If not do I deduct £5 from the unauth o/d charge of £28?

I also had an o/d protectiopn of 1000 x £0.80 /100 = £8.00 per month. I don't remember asking for this, I assume it is legit though?

 

There is also ' unpaids out 1 @ £25. I assume this is a charge for unpaid chq/s/o d/d etc..?

[Laineybelle]

Hi,

 

The o/d fee of £5 is part of your account so you have to pay that unfortunately. It is a charge for your overdraft facility. It is a separate charge though and will have been listed separately so you don't deduct anything from the others. Not sure about the protection but it sounds like another one that is part of a facility you have. Although you could probably cancel it if you wanted, although they will prob try and talk you out of it. I have never taken on this protection rubbish, I see it as just another way for them to take money from you.

 

As for all the others though, unauthorised overdraft, unpaids out and referrals are all claimable charges so definately include those.

 

Good luck

Laineybelle

[Destinyofsouls]

thank you

[Destinyofsouls]

mE AGAIN! Can I claim £8 for a stopped cheque charge?

[Laineybelle]

Hi,

 

That must be something you requested then wasn't it? If so I would say it was a Service they did for you and that you would not be able to reclaim it back.

[Destinyofsouls]

Barclays have not responded at all. They offered £600 against £1050 in March. I rejected this and went on to file in court.

 

It is a directions hearing ( 10 mins) should I be worried at this stage|?

 

I seemd to thinkmthey paid up before this

[dar£n]

Barclays have not responded at all. They offered £600 against £1050 in March. I rejected this and went on to file in court.

 

It is a directions hearing ( 10 mins) should I be worried at this stage|?

 

I seemd to thinkmthey paid up before this

 

No dont be worried this is std procedure, I would suggest that you try and contact the Lit Team [see my signature for link] tell them you are in court...dont let on it is only a directions hearing... ask if they are prepared to settle.

If they dont settle there and then but have agreed to do so, you can inform the judge of this tomorrow, he will then prob make a ruling there in favour of your claim.

if you cannot get hold of anyone before tomorrow simply mention it to the judge that you have repeatedly attempted to contact the defendant in order to attempt out of court settlement to prevent wasting his time..

[Destinyofsouls]

hi dar£n. Thanks for your reply. I have contacted them and they offered me £800. I refused and so she put me in touch with the lit team. They have said there will be representation there tomorrow.

 

I am seriously bricking now. What do I say/take/do?

[dar£n]

hi dar£n. Thanks for your reply. I have contacted them and they offered me £800. I refused and so she put me in touch with the lit team. They have said there will be representation there tomorrow.

 

I am seriously bricking now. What do I say/take/do?

 

DO NOT PANIC,

The Lit team are a very nice bunch, see my thread there is an example of what to do and say.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[Destinyofsouls]

Just rang back and was told that they will definately be represented tomorrow in court.

 

Wish me luck, I think I am going to need it! I am too nervous

[Destinyofsouls]

BTW this was my POC, do you think it's OK?

 

 

 

 

BETWEEN

 

Destiny - CLAIMANT

 

And

 

 

Barclies Plc - DEFENDANT

 

PARTICULARS OF CLAIM

 

 

 

 

1. The Claimant has an account, number xxxxxx, sort code xxxx, ("the Account") with the Defendant.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and;

iii) the common law and Case Law relating to liquidated damages and penalties in contracts.

 

c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

 

a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £1050.00 as per attached Schedule.

 

b) Court costs; £120.00

 

c) Interest pursuant to section 69 County Courts Act 1984 at 8% per annum of £129.41

 

d) Interest pursuant to section 69 County Courts Act 1984 at 8% per annum from the date of the claim until the date of judgement/settlement at a daily rate of £0.23

 

STATEMENT OF TRUTH

 

I believe that the contents of these particulars of claim are true

 

 

 

 

Full name: ___________________________________________

 

 

 

SIGNED______________________________________________(Claimant)

 

 

 

Date __________________

[Destinyofsouls]

If so, what haoppens? what is said, did the bank turn up? if not, what happens then?

 

What do I need to take /say/do?

 

I have a hearing tomoz at 10.30 an starting to have a Diedre.

 

I could really do with some help out there please

[bjones26muk]

I'm in a similar position, got a hearing on 30th July. Not sure what I'm meant to do / say / bring yet!

[stagey]

Hi - you must be worried that no one has got back to you - I understand. I'm not an expert in this at all - I struggled thro' the procedure for my son. Luckily I did settle for the full amount + 8% and did not go to court, just. Tho' it took nearly 2 weeks for the ££ to get paid. Now as I said, I'm no expert - but basically the charges are unlawful, if you look at the link where the chap lost against Lloyds a few months ago, this breaks down the reasons why he lost - unusually the judge questioned him. I could try and quote what some of it says but I don't want to give you incorrect info. Hopefully someone with much more knowledge will come back to you soon and give more guidance - but Barclays still may not show up. Mind you your claim is for much more than my sons (£800ish) - so be prepared. Good Luck - I hope it goes well

[stagey]

sorry - I see that your claim is just over £1000 - (I thought it said £10000) hmm - I really don't think they will turn up you know.

[hedgey06]

You'll find info on directions hearings here GOT A COURT DATE? A guide to the later stages

[invictus]

Interesting, Lloyds settled about 5 days before my directions hearing.

[Camdenite]

Bjones, Destiny & Invictus. Take a look at the thread "Central London CCC developments". There's a whole bunch of us either going through it or been through it.

[j.barton1]

Hi ,

 

Hope it goes okay today.

 

Jenny

[Destinyofsouls]

Thanks for your help stagey,

 

I am worried sick, in fact I feel as though I am going to be sick!!

I am really not the type of person for all this. I am leaving in 30 mins for court and I am no more confident than I was when I first started the claim.

I just haven't got a clue what to say, although I have read as much as I can on here, I still feel I don't know what to do.

 

I am a little disappointed there is no-one to give me support, especially at this time, but I understand there are thousands also needing help, and the helpers can't be everywehre. I hope the bank don't catch on that I'm too nervous and play on that.

 

Wish me luck, I'm going to need it.

[un1boy]

Don't worry, this happened to my friend and their solicitor had a cheque waiting for them - nothing to be worried about, just be calm and confident.

 

BTW - Good luck

[Destinyofsouls]

Thanks Un1boy,

 

The thought of getting a grilling like \kev @ birmingham fills me with dread.

[dar£n]

Remember, the judge will understand that you are not experienced at this,

just state the reason you are there.

 

the bank has applied what you feel to be penalty charges to your account for being overdrawn etc

its not the fact of being charged its the amount you were charges for doing so.

and would like the bank to show how they got to the amount of £20, 30 35 for each charge when it has been shown [the whistleblower tv program] that it only costs the bank £1.50 - £2.50 to apply the charge.

it is also stated that banks are not allowed to make a profit by applying penalty charges, which they clearly are.

you are there today to either request your money back shown in your SOC's

OR

the bank to clearly show and prove how they legally arrive at the amounts charged.

 

point out there are thousands being paid out daily

approx £15,000,000 on CAG alone.

 

 

good luck

[paulson1985]

I am sending you my best wishes.

 

Keep your cool.

 

Deep breaths.

 

Remember all the advice.

 

Good Luck

[koalaattack]

Hi Destiny,

 

This is going to happen to me on 6th August (I'm certain as I am claiming nearly £6,400 and I have a directions hearing) so I wanted to wish you all the best - I hope it all goes well for you. What Dar£n has said seems to make perfect sense to me so good luck.

 

I'm going to keep an eye on this as I'm not far behind you.

 

GOOD LUCK,

 

KA