I went to court today!

fatbelly

I would have thought under the Unfair Terms in Consumer Contract Regulations if the amount charged was disproportionate because it was a penalty rather than a true pre-estimate of loss, then the term fails and the whole amount should be refunded, not the amount minus £2.50.

I'm in court against Barclays next Wednesday!

January20

Jenrigg wrote:

Well done to the OP and thank you so much for posting!! My claim has been Acknowledged by Abbey and I fully expect my day in Court. As a single mum on a lowly salary, my huge overdraft was run up trying to avoid bank charges, mostly. People (who don't know what it's like) say you should just not go overdrawn - but when your ex spouse doesn't pay you on time, or your benefits get paid a day late and all your DDs bounce, you don't have a choice. And 120 quid in bank charges in one month (or more) can truly damage a tight budget, hence the spiral. And why is it that Abbey always takes their charges a few days BEFORE pay day? Huh? Can anyone answer that one? It's as if they are willing us to not be able to pay them, thereby causing charges to self-perpetuate ad infinitum...

Anyway, the last straw for me was going 56p over my o/d limit, thereby incurring 35 quid charges PLUS another 20 for going over my o/d limit without authorisation. I would LOVE a bank or a judge to prove to me that charging 100 times the amount in question is ethical or just!! Itching for that day to come LOL

Jenrigg, your post sounds just like my story about 3 years ago: I was in the same situation as you and between shAbbey charging me hundreds of pounds and my wages not being paid on time (because of the way I worked I had no come back to my employers) it eventually all added up to about 4k...

I've just started my claim with MCOL and I find showmethemoney!'s post most inspiring and reassuring. Thank you for that!

But I am so endoctrinated by this site that I nearly had a panic attack when I had to pay £120 lol.... I keep trying to convince myself I'll get it back

hollydays

re sneakin out-glad you werent "court"

PaulW922

stacey21 wrote:

Well done on your victory!

Quick question for myself, Is it worth claiming for charges such as £120 - through the court channels?

Won't the court fee just cancel out the amount being claimed anyway?

Stacey

i took NatWest to the small claims court for £38 and won. The fee for that, and for your claim too, was £30. If you issue your claim on-line it will automatically add the fee onto the amount claimed. So your total claim would be £120 plus £30. Assuming you win you'll get your money back. For my claim against natWest I received £68 in total - £38 bank fee (for going 8p overdrawn for three hours!) and the £30 court fee.

You can only claim additional costs such as loss of earnings if you actually have to attend court (on the small claims track).

frugalpam

showmethemoney! wrote: »

Hello All

I went to court today against Barclays. I have followed each of the steps through as guided by the site, I was offered £300 initially but rejected it as my claim was for £800. I was always hoping that a better offer would come through but nothing arrived in the post on Saturday so off I went to court today. I felt confident as I am not the defendant, nothing was going to happen to me and the worse thing that the bank can do to me is close my account and as suggested I have opened another one ready.

So I arrived for my 10.30am hearing on my own and was surprised to read that for court 6 that I was due to go into that there were 10 other claimants ready to do exactly the same thing, 3 had brought a legal person, maybe there cases were larger I do not know but 3 of us went for it alone, 4 did not show, maybe the occasion was too much for them. The cases were against Barclays as well as others, no banks turned up to any, we all went into the court and each had our turn.

The facts were there, heres my bank statements, this what they have taken, I agree that I have not looked after my account, that I do not disagree with, but I used Martins words and said that the amount that they took is not proportionate to the work of an automated letter and franked envelope, the judge asked what did I feel would be appropriate and I said £2.50, which he agreed, so my 38 payments were timesed £2.50 and that was taken off of my claimed amount and I was awarded my £800 there abouts as I had paid £80 in fees to the court. They were pleasing words to my ears when he said I find the judgement in your favour, the verdict will come in writing, I will write to my bank giving them 7 days to pay and if they do not I will instruct bailiffs to get the money back for me. The judge said I would probably have to get the bailiffs in.

The judge seemed fair and obviously been through this many times previously, so do not worry, go for it, I went to work for 8.30am left at 9.45am saying I had a appointment and would be back asap, my court hearing was for 10.30am and I was finished by 11am and that was with 2 people being seen before me, I left and was back at work for 11.30am with no one any the wiser of my adventures.

You really have nothing to lose. This sight has been marvelous as whenever I felt in doubt I would return and read some useful fact and see that someone has already been there and done it.

I just came across your post - well done to you !!! :beer:
If it ends up that I have to go to Court, I'm going to feel a whole lot better about it now!

thanks for posting this,
Pam

monopoly_money

PaulW922 wrote: »

Stacey

i took NatWest to the small claims court for £38 and won. The fee for that, and for your claim too, was £30. If you issue your claim on-line it will automatically add the fee onto the amount claimed. So your total claim would be £120 plus £30. Assuming you win you'll get your money back. For my claim against natWest I received £68 in total - £38 bank fee (for going 8p overdrawn for three hours!) and the £30 court fee.

You can only claim additional costs such as loss of earnings if you actually have to attend court (on the small claims track).

dear me that is outragous! 8p for 3 hours!!! and for nat west letting it go to court! for such a small sum! good on you for winning! im just moving away from nat west, had our share of charges a few years ago, more than 6 unfortunately!

Phil

just see your siggy frugalpam... im also claiming from capital one and my silence is deafening too! have sent them a court letter! good luck with yours

frugalpam

monopoly_money wrote: »

just see your siggy frugalpam... im also claiming from capital one and my silence is deafening too! have sent them a court letter! good luck with yours

Hiya - I'm about to send them an LBA letter and if they don't reply will take great pleasure in starting a court claim against them. Capital One have got to be one of the bigger sharks out there !! Good luck with your claim also,

Pam

Stefc_2

My bank (HSBC) have filed a defence, and I've now filled in the allocation questionnaire.

Therefore I now presume that it'll go to court. and i'm wondering what the procedure is,

Firstly do I need to be there?

Will I need representation?

Will the bank show up mob handed?

If anyone who has got that far could fill me in, I'd be very grateful

Also what are the chances of the bank settling before, how do the banks go about doing this?

Thanks

Stef

daniel1985_2

I am in the same situation with HSBC they have just filed a defence 2 days ago, i havent recieved the AQ yet but was wondering what is the process now and how long does it usually take?

Glpark01

we filed our court papers about 9days ago, we got a letter saying barclaycard were putting up a defence and have 28days from the date they recieved the claim so what do we do now? what is this questionaire ppl are filling in?