Barclays Bank (merged)

esmerellda

here you go molly from CAG....something for your hubby to get his teeth into

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

* a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

* b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

* c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

* d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.



2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

* a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

* b) Whether such charge is accepted to be a penalty, and if not why not;

* c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

* d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

* e) Any witness statements.

* f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

and its working a treat thus far

mollyjak

Printed and giving them to him to have a look at

Many thanks for all your help

This site is brilliant

lfc1983

Send the letter again but make sure it is recorded, if you went to court, you might have to prove you sent the letters

Trancer

Barclays returned my cheque for £10.00 and supplied the statements free, after my initial letter they offered me £1,000.00 which I have turned down and have now started court proceedings Barclays have responded and notified the court that they intend to defend the action.

Stick with it

I have seen OFT reports about credit card charges is there a separate one about Bank Charges as feel I might need it.

danafoster

Hi all - I havent posted before but I have sent off my charges and letter and had a letter back a couple of weeks ago saying that they were sorry I had a complaint and they will be in touch shortly - how long do I leave it?? Also hubby has been waiting 3 weeks for his statements and the bank keep saying they are on there way - what can we do?? Thanks

HewlettPackard_2

After going through the bank direct to claim back £3,000 and getting offered £1,000 in compensation with Barclays claiming they did nothing wrong, I then decided to file for a CCJ.

I've just received a lettter from the court and it says that Barclays are going to defend all of the claim. It also says that the defendant (Barclays) has 28 days from the date of service of the claim form with particulars of claim, or of the particulars claim, to file a defence.

Has anyone got to this stage? If so, what generally happens? Will I need to go to court?

Help would be appreciated.

vanman7

danafoster wrote: »

Hi all - I havent posted before but I have sent off my charges and letter and had a letter back a couple of weeks ago saying that they were sorry I had a complaint and they will be in touch shortly - how long do I leave it?? Also hubby has been waiting 3 weeks for his statements and the bank keep saying they are on there way - what can we do?? Thanks

Stick to YOUR time scale and not Barclays. Dont even give them one day over the time scale. And as for waiting for statements they have 40 days and that is the law, as they well know it. But I'm sure it wont be too long now. Your hubby could always phone them just to check they have not got lost in the post.
Good luck to you both.:D

NewbieSavvySaver

Hi guys, we sent a letter asking for charges + interest that accumulated to £3100 we recieved the "we'll look into it" letter and after 14 days we sent the follow up. But I realised in the follow up I miss quoted the amount from £3100 to £2600 (which was the total minus interst) and they have offered £1900. Should we take it?

vanman7

NewbieSavvySaver wrote: »

Hi guys, we sent a letter asking for charges + interest that accumulated to £3100 we recieved the "we'll look into it" letter and after 14 days we sent the follow up. But I realised in the follow up I miss quoted the amount from £3100 to £2600 (which was the total minus interst) and they have offered £1900. Should we take it?

I wouldn't worry about it too much as most people dont seem to know that you cant claim the interest untill you have started court action anyway. Why not phone them and tell them about the interest and unless they make a better offer or you will go to court and claim the interest

good luck.:D

esmerellda

Trancer wrote: »

I have seen OFT reports about credit card charges is there a separate one about Bank Charges as feel I might need it.

Its due early April