Hi Tez, I know what you mean but sadly I think they probably have some form of "understanding", also, I bet the interviewer has limited interest in the story, it's just another part of his day, so he probably has limited research - I guess that's the trouble with getting so much into a programme. I was tempted to text or email in when I got home but I figured I would just be ignored. Actually, I'm going to do that now... Cheers, KA

Hi guys, Long time no speak and all of that - I hope you're all well and fighting on regardless. I was listening to Five Live on the way home last night and they interviewed a woman from Lloyds TSB because they have cut their charges. Her explanation was: "This isn't because of the OFT case, the fact that we've (they've) paid back £36m in charges or the fact that the charges are unlawful as we (they) are happy that the charges are perfectly fair - it's because it's what our customers asked us to do and we listen to our customers". Brilliant! I think we should all write to Barclays and ask for £1m each as I would really like that. Hopefully they would follow Lloyd's lead and listen to what us customers want. Here's a link to the story: http://news.bbc.co.uk/1/hi/business/6987110.stm Could this form part of our evidence? This is really annoying me now, especially given some of Barclays bully boy tactics - don't let them get to you Lemon, just do what Slick advised and you'll be fine. The interviewer last night even asked whether they were prepared to lower them further given that the OFT may advise this and she replied: "Again, we are perfectly happy that our charges are lawful and fair which is why we are prepared to defend them in court at any time" Two questions: 1) apart from after the announcement of the OFT investigation (when all they do is apply for a stay anyway and not actually offer any defence!), when has any bank defended a claim? and 2) why, if all of these banks are so sure of their "lawful and fair" charges, have they not fully disclosed the true cost to them and ended all of these court cases once and for all, instead preferring to pay out over £1bn to claimants?! I'm fed up of stock responses and damn right lies I'm afraid. Cheers, KA

Matrah - good luck in Oz, thanks for sharing your story. Cheers, KA

Hi guys, Ugly - sorry, I can't help mate. I have a question - what happens now for all of us who have been stayed? Cheers, KA

Clubber, surely if you get the money then that'll generate interest?! Get the cash, make a sign and hang out around the Big Brother house on a Friday night - that should take care of it!

There's a song by a bloke called Chris TT which is about how everyone should put there money under their matress and screw the banks. I wonder if work can do a BACS transfer to under my bed?

Tezl - are you saying that all of the work we have done so far is for nothing and that we will have to go through all this again? Statements, LBA, court date etc? Also, does that mean the current claim will be struck out and we will have lost the money we all spent on court costs? Also, if the banks cannot prove that the true cost of unauthorised borrowing is £30 a time then surely they are acting unlawfully? Or is that a little niaive? Surely that's not the way this'll work otherwise the banks have won and we may as well give up now as basically the more money you have the less you have to act within the law. If this happens I am more than up for a riot, may be we could try the Czech way and all wave our house keys at the same time all over the country?

Hi Micky - stayed until at least February because of the OFT action. What I want to know is this - if, sorry, when the OFT find that the charges are unlawful what will happen? Say for example they do as they did with the credit card charges and say they should only be £12 then will those of us who are in the system and who have claim on hold get a ruling immediately (and of the full amount) or will we have to wait and then have to recalculate everything based on the OFT suggestion? And who will instigate this? Cheers. KA

Yep, I thought about this more and more last night and I got more and more angry with myself for not arguing more. I know it would be a fruitless exercise but I would have felt better... UTCCR 1999 came out 8 years ago. Barclays take pride in telling us they're one of the 8 biggest high street banks so therefore I would say it is logical that they would have put together a full breakdown of their charges over the years to comply with this act. Also, Barclays have been aware of my intention to take them to court since 25th April 2007, that's nearly 4 months - surely they could have put together documentation to fully disclose their charging structure? Or, may be they're just using the system and stalling - in the mean time, charging customers yet more unlawful charges and making interest in the process... Vent over!

Hi guys, What happens now? Will I have to wait until the OFT get something sorted and will I be contacted by the courts to say my case has been reopened or is it up to me to chase? Cheers, KA

Nice one Kat - at least some people are still winning! I'm really pleased for you. KA

Hi Saintly - it was Plymouth Combined Court with Judge Waker. Nice bloke who was quite apologetic, so was the Barclays bloke who's name I didn't get. When I asked whether there was remit for charges to be stayed too the Judge said "well, may be that should be part of your case"? Didn't really answer my question. I presented the Barclays bloke with an objection to stay letter, he said fine. I gave it all to the Judge on Friday (along with a three inch think document of evidence to be considered), it wasn't! I know the OFT are doing a good thing but their timing could have been better for me! Cheers, KA

Hi guys, Well, guess who just got back from court with a cheque from Barclays for £6,500?!!! ...nope, not me. Barclays applied for a stay, judge said he had no choice but to apply it and said that he thinks there may be some idea in February - he said I could apply for it to be lifted in March if I wanted. As we left I thanked the Barclays bloke who apologised and said he doesn't understand why we had to turn up to hear that (wasting me time aparently! The bloody cheek!). Anyway, I said I'll see you again some time and he just laughed. So then, February it is... Cheers, KA

Good news about the water and stuff bigem; rubbish about the court but unfortunately it's the way it is going. When I handed in my stuff on Friday the lady at the court said they may receive directions instructing judges to stay all hearings - where would these instructions come from? Also, I have been researching UTCCR 1999 and was wondering whether anyone could point me towards somewhere that would explain exactly where it says about the unfair charges? I'm pretty much prepared but I want to know exactly where and what the UTCCR says. Cheers!

I handed my documents in at five to four and the lady was very pleasantly suprised and very helpful - she basically said that the judge's hands may well be tied despite what he feels on the situation. I didn't put on page numbers as it wasn't a bundle and she was fine with this - she also said I can take it home and add in anymore information that I want for a later trial. Have a great weekend - see you after the hearing. Cheers, KA.

Hi guys, Panic over, I've sorted everything I need now so am just going to bind it all ond take it down to the court - thanks for all of the advice! I have Judge Walker taking care of my case - anyone else had any dealings in Plymouth Combined Court with this Judge? Cheers, KA

Cheers Saintly, I think it might be. What I was actually after was something that I think I saw on here as a template that basically said that I would respectfully ask the judge to request a breakdown of charges from Barclays Bank so that it is possible to see the true cost of these charges. Is that about anywhere or have I just made it up? Cheers, KA

HELP!!!!!! Sorry to be a pain but has anyone got a link to the latest draft directions please? I'm just finishing off my extra evidence so I can drop it off later and I can't find the draft directions anywhere! Please help! Thanks, KA

Hi guys, Sorry to post this hear but does anyone have a link to the latest template for draft directions? I've been looking and can't find one. I have a directions hearing on Monday and want to submit some info this afternoon, including draft directions. Your help would be really, REALLY appreciated! Please feel free to reply in my thread (koala attack vs barclays) so as not to hijack this one any further. Thanks! KA

Cheers Jenny, Just sticking it all together at the moment. The thing is, I haven't been asked for a bundle so I'm not looking at this to be a bundle - I'm just entering this as additional evidence to be considered with my case. I'm not going to file it in any official way like a bundle and will only be handing it in this afternoon ready for Monday. I was hoping that this would show that I have researched my case and that this isn't some fly by the night, get quick rich idea I have had. I would also hope that it would show the judge who was taking the hearing more seriously out of the two of us as I'm guessing Barclays will have very little with them. This is obviously form the basis of a bundle should I need it but I would also like to be able to add to it with other info before my final hearing should I get one. I'm just about to write something to explain the T&Cs I am including and would like to know the exact act that states that it is unlawful for banks to make money from charges - can anyone help please? Also, I have a standard defence from Barclays - which section am I looking to quote that implies that by going over my limit I have broken my T&Cs? I've had a read through and don't understand a lot of it I'm afriad. Cheers, KA.

Lemon - I'll keep you up to date (check out my thread as that's the one I'll up date). And yes, my claim is for £6,400 ish so it is quite big! Just putting a load of stuff together to drop into the court this afternoon - I've not been asked for a bundle but I'm producing some additional information to be considered. Cheers, KA

Cheers Welshcakes - I haven't spoken to her but she's allowed to use a mobile on her ward so I'll call later (I'm not allowed to see her as I have a cold!) Dar£n - thanks for this, no worries about the link, I have the link to the youtube clip within my transcript so I will use them all (I assume youtube will be ok given that it is exactly as it was on tv?) I mentioned this earlier, and on the Lit Team: Good or Evil? thread, but I have since found this article: Bank charge refunds may have hit £1bn | | Guardian Unlimited Business Surely, and may be this is a bit simplistic of me not being a big shot business man and all (mind you, we did cover goodwill/profit/ethics etc as part of my business A level and in my degree!), no business, no matter how nice and ethical they are, would pay out £1bn if they could produce evidence to show that their taking the money in the first place was legitimate? Or am I wrong?! I can't see how I am, but you never know. Now, assuming I am not wrong, can this be used as evidence? Cheers, KA

Matrah - good luck. I'm in court in Plymouth on Monday and I'm interested to see what happens here. I don't know, but would Plymouth and Torquay share judges? You never know, we may get the same person if so. Dar£n, I completely agree with the statement about the court order. I asked this in my thread but have just found this article: Bank charge refunds may have hit £1bn | | Guardian Unlimited Business I know there will be more as BBC Breakfast ran the story on Monday (I think). Surely, if banks could justify the charges, they wouldn't have paid out nearly £1bn - goodwill is one thing, but £1bn worth?! Can this not form part of the evidence? Cheers, KA

Dar£n - thank you, that would be great. I will stick my version in for now and then check tomorrow and see if the one you have is better. Jen - I don't know what to say, thank you. Does it matter that a lot of that stuff refers to HSBC? I would have thought the same evidence works against all banks but I guess it's best to check. I have the terms and conditions from May 1996 (my account was opened in June 96 I think - def 96 but not sure if it was June or July) so I am assuming that the conditions don't usually change from month to month. Am I right and what is it I need to highlight? Saintly, I know you know about this so if you're there..! Also, sorry for more questions, but as an official court bundle hasn't been requested will I need to treat this as one and number all of the pages. I'm basically getting as much evidence to drop off to the court before the hearing (inc draft directions) so that I get in first. I also think that it'll look a lot better to the judge if I am prepared and Barclays do their usual and don't even bring all of the case notes, if at all. Thanks a lot for all of your help, this place is great! Cheers, KA PS On a completely different note, I had some great news today. My mum was recently diagnosed with cancer - she had the op to remove the tumour today and has started to come around already. The doctors are really positive and said that it was encapsulated and everything else looked absolutely fine. It seems like she's going to be ok which is great. I haven't been bothered with this for a while to be honest, and with OFT events last week I just assumed I wouldn't be getting anything. At the time I figured it was only money and there are more important things (which there are I know!) but now I am going to give this 100% again. I'm going to nail all of this evidence tonight and get it to the court tomorrow ready for Monday - and it's mostly thanks to Harvest and the rest of you helping me out, so thank you. PPS Yellow highlighter doesn't photocopy. Bugger.

Hi guys, Jen - earlier in the thread (post number 65 here to be exact!http://www.consumeractiongroup.co.uk/forum/barclays-bank/76517-koala-attack-barclays-4.html) I produced a transcript of the Whistleblower programme, do you think this will be ok to use or is there a more official document about? Also, and I'm sorry to ask more questions, is there something from the OFT either stating that it is unlawful to make a profit from penalty charges (and therefore I would like to see a breakdown of what it actually costs Barclays) or stating that this is what they are going to investigate? I'm assuming this is what you mean by the OFT stuff? If not, what were you refering to?! Sorry! Peter - I would love to be able to say I completely understood everything well enough to argue as well as you just have, but the truth is, I don't and I would get myself caught up and would say something completely wrong if I tried. I also saw this morning that the bloke who claimed damages and knock on costs lost in court yesterday (he'd had his charges refunded but he lost to extra costs claim) so I would imagine I may have the same out come. I am going to study Haydn's thread and see exactly what he argued and then what calculation he used when it came to the compromise the judge asked for. I will then prepare this and take it with me. Thanks though, it's a shame I'm not as on the ball as you! I also saw that two banks have announced how much they have paid back. Lloyds was one and they had paid back £36m - surely this is an arguement that the banks have no defence? No one would pay out £36m if they thought there was a way around it? Would this be something to add as evidence? Cheers, KA.