Well looks like all claims are now suspended till the OFT and the Banks association go to court as shown on channel 4 tonight

Ok went to court and the tall blonde Barrister tried to impress the judge on her knowledge of the unlucky fella in that brum case which he dismissed and basically said he knows what the banks are doing by wasting time and filling the courts and then never actually going to the final hearings , i now have to send another copy of bank statements and charges to there litigation team within 14 days and then they will see if they wish to defend again or settle. Lets hope its the latter

Right i will take what i have and say that , and fingers crossed they cough up Thankyou Brent

ok i have only the first letter i sent telling them what the charges were between the dates and there replys. a copy of the charges there letter to say they will give me half then courts letter saying they are fighting it then another courts letter telling me of date plus my statements witness statement and copy of the CFDCICCC OFT 2006 i know im missing a few of the early letters, but there are soo many pages and so many things to copy and print , would be easier if someone could break it down in layman terms please - sorry for being an idiot ! Brent

Im not sure about that..ha well i have my statements and witness statement and a copy of the OFT postion statement 2006 - calculating fair default charges- is there anything else i should need? TIA Brent

Got my hearing tomorrow at 12 and emailed one of the litigation team kate ashton is dealing with it and i got this response: Thank you for your email, as this is a directions hearing a Barrister will be attending on our behalf many thanks. what does this mean? are they going to fight it? its only a preliminary hearing! should i be worried? thx Brent

ok i will do this straight away . then do i just wait for a court hearing or ask them if they want to settle?

Hi Torigirl, so all i have to do is send a copy of the charges again but this time directto the solicitors of barclays? cool ta B

Hi all well its finally hear got some paper work regarding my bank charges and i have been transferred to my local court Tamworth in the letter it says: without hearing It is ordered that : 1 the filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise. Note : any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. such a party must apply under Rule 23.3 within 14 days of service of this order. Please note that an allocation fee may be payable in this instance. please contact the court of transfer for further details the banks defence: 1. the particulars of claim do not provide details or particulars of the account in question and the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, " paid referral fees " or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof. 2. The particulars of the claim are summary in nature. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course. 3. The defendant is entitled to charge the claimant for unathorised borrowings by reason of its standard terms and conditions. the claimant accepted the same when the account was opened, including ( in particular but without limitation) the following terms and conditions (which are summarised) : a. The defendants right to charge a "paid referral fee" where the defendant pays an amount ( either by compulsion or election) which causes the account to become overdrawn- £30 per item (previously £25). b. the defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item ( previously £30). c. the defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the borrowing rate on the excess balance. 4. the defendants standard terms and conditions give the claimant a fair and transparant view of those terms and charges applicable for unauthorised borrowings(including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorised overdraft limit). 5. if andto the extent it is the claimants case the the failure to make the necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damages clause, the same is denied. the charges constitute payments the claimant agreed to make by reason of the terms and conditions of the account and were consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. the defendant was entitled to impose such charges and interest when the claimant incurred the overdraft. 6. accordingly, it is denied that the legal principles relating to liquidated damages and penalty charges are relevant or applicable to the facts set out above. further or alternativley it is denied that the unfair terms in consumer contracts regulations 1999, or are in breach of the unfair (contracts) terms act 1977. 7. therefore, it is denied that the charges were lawfully debited from the account. 8. if and to the extent the claimant incurred charges on the acount, this was caused by the claimant having gone into overdraft without having an agreed with the defendant an authorised overdraft facitlity or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back into credit. 9. it is averred that the said charges an interest are and remain lawful and enforcable and that the defendant was entitled to debit the same. 10. the defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all. in the alternative if(which is denied) the said charges are unenforcable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 12th april 2001 are not recoverable because they are time barred under the terms of the limitation act 1980 in that more than six years have elapsed since the accrual of the cause of action. 11. in the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforcable as alleged by the claimant or at all, and the charges were consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a concequence of such breach of contract in allowing the account to go into unauthorised overdraft. accordingly in the event that the defendant in unable on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it acually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant. Barclays bank PLC what do i do now? B

Thankyou, i have emailed them and await there reply B

i have taken barclays to court for my bank charges, however on the MCOL form i have put barclays bank Ltd instead of barclay bank PLC will this matter? thankyou B