This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Okay, so I got a Notice of Allocation or Listing Hearing sent through by the courts. I had to attend last friday, which I did. Barclays also sent out a letter a couple of days after the Allocation Hearing letter, so I assume they must have received their copy and decided to try and stop it getting that far. They offered to settle the claim (almost) in full (minus some interest) which the usual confidentiality clause. I tried ringing Keith several times to discuss the offer and to get rid of the confidentiality clause but he did not ring back. Anyway, went to court and Barclays did not turn up. The judge decided on that note, to make a judgement in my favour!! We discussed the extra interest and decided to leave it, and I received a letter from the court advising that the defence had been struck out and Barclays were to pay up by the 19th October. Now celebrations you would have thought?? But no. Barclays are being t*ssers and have sent a letter which I have briefly copied out below: "I am writing to you in connection with the default judgement which has recently come to the attention of the litigation team. I believe that you had issued a claim via the Northampton CC and in the absence of attendance at a Court hearing, obtained a judgement on the 5th Oct..... Notwithstanding the fact that we inadvertently did not arrange attendance at the hearing, we are still entitled to make an application to Court for the judgement to be set aside on the basis that the Bank was not represented at the hearing. However, I am conscious of the time involved for all concerned i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore propose to offer to settle your claim in full." They then go on to list the clauses such as I consent to the judgement being set aside, that upon payment I write to the court stating that I haave withdrawn my claim. Its been headed without prejudice, so is inadmissable in court. Now I could really do with the money as I need to make some payments and life has been a git recently (on long term sick from work due to harassment and PND, bringing a formal complaint against the bullier, decided due to this to bring our move to London forward as it is making me ill etc). But I don't want the banks to feel that they have won or to jeopardise the movement in getting unlawful bank charges stopped. What do people think I should do? Can Barclays apply to have the judgement set aside once the two weeks to pay has elapsed (they need to have made payment by 19th Oct)? Thanks, Alleycat

Well, I have left numerous messages for the great Jeremiah with no response whatsoever and have heard nothing further from the Courts. I just feel stuck in limbo now and it is frustrating. I decided to ring the courts and have just got off the phone. Unfortunately the guy who wrote to me from the Listings Section is currently in court, but I spoke to a colleague who is going to speak to him today. I have asked for them to email me as I am at work this afternoon, tomorrow and Friday. The stay pending further attempts at resolution is up as of tomorrow, but obviously there is still the stay pending the collation of info relating to other similar cases. Apologies for being absent from this site for a while, but home and work life has been rather manic of late. I hope to be back posting regularly again in the not too distant future.

Okay, so we can't actually PROVE that the amount of the charges is unlawful, we only have circumstantial evidence, therefore the bank is required to disclose how it has reached the figure it charges. Circumstantial evidence - the process of returning a d/d unpaid, exceeding o/d is an automated procedure. A computer system set up to manage many millions of barclays accounts. The cost of installing and maintaining a computer system would be spread over a huge number of transactions. - A one size fits all charge. How would it cost the bank the same amount whether you exceed your o/d by £1 or £100? The loss to the bank would be different. How would it cost the bank the same amount to pay a d/d as it would to return it unpaid? Fact - It has been stated by a high level bank member Peter McNamara on BBC News that "the charges were used to fund free banking for all personal customers." Obviously there is then the legaleze stuff. Penalty clauses in English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. You have asked the bank for disclosure so you can be sure that they are not overcharging but they have refused. Etc etc. Maybe refer to the information you were intending to bring to court... UTTCR 99 Statutory Instrument 1999 No. 2083 copy of Unfair Contract Terms 77 Unfair Contract Terms Act 1977 as amended up to date to 1/10/2003 copy of the OFT statement of April 5th in full http://64.233.183.104/search?q=cache...ct=c lnk&cd=1 copy of the OFT statement of April 5th summary Summary of Exactly What the OFT Said & The 'New' £12 Threshold relevant case law summaries, Wilson, Dunlop dunlop overview http://en.wikipedia.org/wiki/Dunlop_...ge_and_Co._Ltd. The established jurisprudence bankchargeshell.co.uk - Legal cases and common law Thank you to Octron32 who posted these links in Bookworm's thread.

Right (rolls sleeves up!), lets see if we can think of what they might be after. Did they say if they wanted it in writing or not?

Blimey, they're really giving you the run around! I thought that the basics covered in your original letter and what you said on the phone and an actual appearance in court would give you the chance to fully argue the point. Have they given you an ideas as to what exactly they want when you phoned them? Do they want you to try and break down the charges or are they after more legal gumf?

Hey, at least you guys have got court dates! I'm still stuck in no mans land waiting to hear back from the judge as to whether this stay can be lifted. Anyway, good luck to all and hopefully a settlement will be forthcoming soon!

Just a quick q, will respond properly later (dd wants something, not sure what!), does it definately say Ellis v Lloyds and not Elliot??

I assume you are intending to accept if it is the full amount they are offering? Sounds like this is par for the course now. I've just replied to another Cap One thread where they have acknowledged, plus my OH's claim is in the process of being settled in full after the same dance as you have had. Well done!

Hey, its normal! My OH has just received a letter from them offering full settlement with no liability. This was after they acknowledged and stated they were intending to defend the full claim, so hang on in there. Hopefully won't be too long!

Hey, hey they've caved!!! This one has been a bit of a mare as I initially submitted the moneyclaim but got it wrong (duh!) so had to cancel it and start again. Didn't get round to it for about a month, so only resubmitted on 17th July. Anyhoo, they acknowledged and stated they would be defending for the full amount, so sat back and waited for their defence. They had up until *I think off the top of my head* the 18th August to do this, but got a nice surprise in the post this morning. They are basically offering 'as a gesture of goodwill' (ain't they lurverly!) to repay the full amount of £544.78. About £1.50 less than what it stands at at the mo what with the 8% interest clocking up, but it would cost that much in postage I reckon to chase them. Plus there is no telephone number anywhere on the letter they have sent!!! Must be getting pee'ed off with all us CAG'ers telephoning them! They go on and on and on and on (etc, etc) about how the fees are not unlawful, they are not accepting any liability, purely as a gesture of goodwill......Signed Hayley Marriott (Executive Office). So OH will sign and post that off tomorrow. No confidentiality clauses either!

Yes, the Elliot case has been settled, however it does appear that at least some of the courts are trying to sort the matter out once and for all. My case was recently stayed pending the outcome of the Elliot case and to enable further attempts at settlement. I wrote to the judge and got a reply this week which appears to imply that another test case is on the cards. The letter advised that the district judge "is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision." So looks like there could well be another test case coming up in the not too distant future!

Thats why you need to support the Bulls instead of namby pamby football (says the Arsenal fan living in Bradford, I'll get me coat now!)!!

Hi all, Got a reply to my letter from the Courts. It reads:- "With reference to your letter dated 24th July which was referred to the District Judge and the following comments were made: We now know that Elliot v Lloyds TSB has been settled. The Designated Civil Judge for Bradford His Honour Judge Hawksworth QC is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision. We will write to you again as soon as we can." Sounds interesting! I wonder if they will be looking into the way that the banks have been blatantly abusing the court system and/or if they are looking for another potential test case to enable a conclusive decision on our cases? Anyone got any thoughts?

Hi Jasper, thanks for replying! Unfortunately for you, I think the judge would not be happy if you reached an agreeable settlement and it was rejected in favour of court! You never know though, yours could be one of the first to get there! Anyway, I had a letter back from the courts today regarding my stay. It basically reads:- "With reference to your letter dated 24th July, which was referred to the District Judge and the following comments were made: We now know that Elliot v Lloyds TSB has settled. The Designated Civil Judge for Bradford His Honour Judge Hawksworth QC is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision." Sooo, anyone got any thoughts? No mention of staying to allow settlement, though by saying that he is looking into other similar cases he could be looking at how the banks have been manipulating and abusing the courts system.

I think as long as we all continue to attempt settlement with Barclays as we have been told to do by the courts, if Keith and his cohorts don't reply that can only show them in a bad light if/when any of our cases get to court. It would be useful if anyone who does manage to get a reply from Keith to let us know.

Another one here who has tried to get in contact with Keith with no response. At the behest of the courts who have stayed my case to attempt settlement. Maybe he's taken the kids on holiday?!

I don't know the answer, but was the boyfriend named on the council tax bills at all? If so, then I would assume there would be some liability on his part? Maybe contact CAB for some advice on the matter as it doesn't seem fair that your girlfriend is stung for all of it!

Hi Jasper When did you get your notice through from the Courts? Was it after the Elliot case was settled? Also, what are you planning to do/have done? Cheers, Alley

Apologies if I misread, but that was what it appears that you were saying. Also you haven't posted on anyone elses threads since asking a question ages ago.

FFS, mistakes happen. Did you pm Bankfodder or whoever you had asked to update the litigation to let them know your case hadn't been added to the concluded section? So because of that, you are now not going to help others in the same way that you received help? Sorry, rubbish excuse.

Hi, You cannot include the monthly account fee in your claim as this is a service and not a penalty charge. Regardless of whether you have used any of the services offered or that they have not been promoted is irrelevant. If you do not feel that you are getting any benefit for paying for an 'upgraded' account then I would suggest downgrading and losing the monthly fee. I would definately not include it when you start your claim with the Courts. I don't know whether it would be worth writing to Barclays to advise them of your revised claim or not, but hopefully someone else might. Have you done a search on Monthly Account Fee as it might have been discussed elsewhere.

Alleycat v Barclays. Pending Elliot case & to attempt settlement. Bradford CC. Amulrooney v Barclays. Pending Elliot case. Sheffield CC. John v Royal Bank of Scotland. Pending Elliot case. Sheffield CC(?). Rachel2609 v Yorkshire Bank. To attempt settlement. Doncaster CC.