Reclaim Unfair Bank Charges Discussion Area

jojo_112

Have just received a letter from the court with a date for the Directions Hearing.Can anyone give me any advice on this.My case is against the Abbey and they seem intent on taking this as far as possible.
Do i take it that this is not the main court hearing?
Any help greatfully accepted

ness2020

Ok, so I have just received my 2nd letter back from Barclays, both letters are exactly the same explaining they are sorry I have a complaint and they are looking in to it, the new letter received this morning states they will get back to me no later than 26th April.

Given that I have sent them my 2nd letter stating court action and that this letter is their response to that, do I now just go ahead and file for court through the money claim website?

Thanx in advance

LINDSEY321

Please can someone let me know what needs to be put in the particulars of claim for the MCOL, Im worried that I havent put enough information in , can the bank get the case thrown out if there isnt adiquite info. The court has accepted the claim im just waiting for it to be served on the bank.

blondiebee_2

LINDSEY321 wrote: »

Please can someone let me know what needs to be put in the particulars of claim for the MCOL, Im worried that I havent put enough information in , can the bank get the case thrown out if there isnt adiquite info. The court has accepted the claim im just waiting for it to be served on the bank.

This is what I used. Its fits perfectly, as on MCOL it can only be so many characters and so many lines. Mine is at court date stage, so it works.


1. The Claimant has an account xxxxxxxx with the Defendant, opened xx/xx/xx. 2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxxx.xx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx.xx continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Good Luck

geoff1057

solitaire wrote: »

I sent the first initial template letter to Barclays asking for a list of charges and i put that they could deduct the charge from this from my bank account (i'd mislaid my cheque book - found it now!!) and i sent it almost 40 days ago now via recorded delivery but i can't find the slip (arrrghh!!) and i haven't heard anything back from them at all.. Do they usually wait until the last minute to send the statements/list of charges? Do you think they haven't bothered because i asked them to take the fee from my account instead of sending a cheque? What can i do now??

when 40 days are up give Barclays a ring,if no joy report them to the information commissioner for breach ,, should see statements within a few days. i sent cheque and request for charges in february,Barclays returned cheque and said we will send statements free of charge in the next couple of weeks,that was march 8th ,still received nothing,so i rang them ,they were a bit shirty and said they have 40 days to deliver charges, 40 days is up on thursday ,think i will give them a call

blondiebee_2

ness2020 wrote: »

Ok, so I have just received my 2nd letter back from Barclays, both letters are exactly the same explaining they are sorry I have a complaint and they are looking in to it, the new letter received this morning states they will get back to me no later than 26th April.

Given that I have sent them my 2nd letter stating court action and that this letter is their response to that, do I now just go ahead and file for court through the money claim website?

Thanx in advance

Ness2020

I have had the same from Barclays. They have so many claims, it's taking them weeks to get through. I am sticking to my timescales and have registered on MCOL. So it's up to you, but they do seem to be making offers after a few weeks if you don't want to file a court claim.

Hope this helps.

esmerellda

blondiebee wrote: »

This is what I used. Its fits perfectly, as on MCOL it can only be so many characters and so many lines. Mine is at court date stage, so it works.


1. The Claimant has an account xxxxxxxx with the Defendant, opened xx/xx/xx. 2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxxx.xx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx.xx continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Good Luck

from CAG per chance?

jennyowen

Just had the standard letter from HFC, 'you're getting jack back as our charges are fair yadda yadda yadda':mad: . Their 14days aren't up yet but will be sending them the LBA letter next week as planned,

Don't mess with me!!!:eek:

esmerellda

LINDSEY321 wrote: »

Please can someone let me know what needs to be put in the particulars of claim for the MCOL, Im worried that I havent put enough information in , can the bank get the case thrown out if there isnt adiquite info. The court has accepted the claim im just waiting for it to be served on the bank.

Type out what you put Lindsey. If it isnt right/enough you can amend and we can help you amend.

The bank would enter a defence saying lack of particulars/embarssed etc so you'd know if it was heading for a strike out.

Amendment is on form N244 and costs £35 non refundable.

blondiebee_2

esmerellda wrote: »

from CAG per chance?

It was given to me from someone on this forum.
I tried CAG, I registered, spents ages looking through posts and everytime
I tried to post on it, I just kept getting messages to say I was not able to post, as I was a new member, blah, blah.

I gave up with them and just do everything from this site.