That's not as silly as it sounds. it would be an idea for us to approach the least tenacious of the banks (halifax in may experience, they pay up quickest) and offer them our business if they offer an account (with a small monthly fee to cover their admin) which guarantees no charges. everyone on this site has had a cash flow problem not a huge cash problem overall. the majority of us work and have a wage and the capacity to save (when we're not being shafted with charges). we'd be great customers

the courts are clear that offers made before day must still stand. get your money, don't give up. look into entering judgement in your favour at the court (form on the court website Request for Judgement i think) and get the court to set a date by then they must pay. If they don't pay by that time fill a Request for Warrant of Execution and send in bailiffs to collect your money. hope this helps x

thought you may want to add these details: Rosemary Treves Brown Legal Counsel, GRCB Litigation Barclays Bank PLC One Churchill Place London E14 5HP Tel: 020 7116 2710 Mobile: 07766 363930 Fax: 01452 638 420 email rosemary.treves.brown@barclays.com

UPDATE! this is priceless... got home yesterday to find a letter from Wescot confirming they're investigating my complaint. At least they've acknowledged my letter. However, they have also sent a red reminder letter for my friend's dad too (in the hope it'll scare iccle old me into paying my friend's dad's debt!) sent the following letter: Yet again I find myself receiving correspondence from you regarding John ..................... despite him NEVER having been a resident at my address. To reiterate the contents of my previous letter (which you have received, acknowledged and totally ignored???) this gentleman is a friend’s father and sending me details of his financial problems is totally inappropriate and in breach of a large number of regulations governing agencies such as yourselves. I am amazed that I am writing to you about this matter yet again. If I am corresponding in a language that is not understood please advise? I am Melanie Bree of the aforementioned address and would like to know if there is a possibility of a gentleman (who is not a small man) having moved in to my home without my permission or knowledge or in fact me noticing at all! It is extraordinary that from your offices in Hull you have managed to decide that he resides with me when I am totally unaware of it. As far as I am aware, in this particular situation (which is not unusual) I am not living with my friend’s father (nor ever will). Seeing as I have known this gentleman since I was five years of age and am good friends with his wife and three daughters, I doubt I ever will take up residence with him. Since February 2007, I have been visited by one of your bailiffs and received two letters regarding this matter. I have been clear and honest each and every time about the current circumstances. As no positive action has been taken by you, I am now of the opinion that I am dealing with dim-wits. I find this situation highly frustrating and boring and having now realised that I am dealing with people of limited intelligence I will shortly be taking the matter further. I have sent this letter via recorded delivery as I feel this situation has been neglected by you and from past experience, I can only assume that history will repeat itself and my requests will not be dealt with. If you decide to take further action, please be advised that I shall defend the claim in full and will inform the relevant bodies as well as consumer organisations such as Watchdog (who I am sure will be very interested in your incompetence). They may even choose to embarrass you publicly (although you are quite competent at doing this all by yourselves). Please note the details of this matter have been posted on the Consumer Action Group Website and are already attracting attention and highlighting how dense the members of staff you employ actually are! I look forward to hearing from you with the required information, a full apology for your failings to provide a decent and adequate service and compensation for the time, effort and inconvenience I have been put to as well as the full costs of every letter I have had to prepare to you. Many thanks.

Wescot - for sending me a letter regarding my mate's dad's debt with them! they have my details for a vodafone bill i didnt pay but don't know how they think he lives there. i sent them this response: I write further to your letter dated 15 May 2007 to my address which was meant for John ........ This gentleman is a friend’s father. He has never, nor will ever live at my address and any financial problems he has are a confidential matter which he would not share with me. Sending letters to my address regarding his private business are a breach of the acts which govern agencies such as yourselves and any future breach of Mr .......’s confidential business will result in me informing Mr ....... and the relevant bodies immediately. Your actions have caused embarrassment to both me and Mr ........ This is also a massive breach of the data protection act. As far as I am aware, sending letters to your debtors’ daughter’s friends is not common practice. Please remove all reference to my address from your records and provide me with written evidence that my address is now clear of any reference to Mr ....... residing here as a matter of urgency. I also require confirmation of any other company this information has been passed to and proof that they have been corrected. I also require a sincere and genuine apology as well as reimbursement for the time and effort taken to write this letter. Many thanks.

do you have a template of the wording you used as my friend is having terrible trouble with a faulty leather sofa from the "furniture discount warehouse". i've said i'll help her get her money back as it's faded to orange and one side of a chair has collapsed. she's complained dozens of times but they're ignoring her! gits...

just read your thread and wondered how you're getting on now. is everything settled?

my friend's son is having a huge problem with callserve. i wondered which route you had taken to settle your issues with them and if you could give me some pointers please? many thanks

barclays will have to make an application to the court which will cost them £65, you should apply for any costs you incur in connection with this too. they will be applying to have the judgement set aside on the basis that they feel they are able to defend the claim. they will enter the standard defence that they are entering on all claims. i've had it checked by a solicitor. it is very badly pleaded (especially in view of the fact that they have had it prepared by a barrister!). i've had to enter an allocation questionnaire now which was an extra £100 fee. they were 4 days late entering theirs but i still cannot get judgement entered against them. i think they are now going to take them all to trial. as far as i'm aware, they dont attend court on the day of trial and get judgement in default against them. i do not think they could apply to get judgement set aside twice but you should check this with the court. you can object to their application for your judgement to be set aside. it would be heard before the judge and he would decide. if you need anymore info, let me know.

i wrote to my branch to get details of charges but they've managed to lose a few cheques when my friends have done the same. you're best calling your branch and asking where to send the request to.

i didnt issue for non-compliance. i filled a N244 (Application Notice). if you want the wording that i used, then i can e-mail or fax a copy of it to you along with a template of my statement and the relevant order i requested. it was prepared by one of the solicitors i work with and worked a treat! think it took 2 days for statements to arrive. the thing is you should give two weeks' notice before issuing against them so write a letter today and then you'll have two weeks to prepare the paperwork. it's not that difficult.

the information commissioner did nothing for me. i eventually issued an application for pre-action disclosure at the court and natwest took that very seriously. i am not allowed to divulge the result to 3rd parties but my claim is over and i'm buying a new car.

i'm not more intelligent at all! i just work with people who know how the legal system works and they've helped me during my claim. this is something that you must research yourself a bit first before doing what i have done as i am not legally qualified. you're more than welcome to see the wording of the letters and documents i used. i will never forget the 45 minute telephone conversations i had with natwest begging them not to put the charges on that month as i could not afford it and getting nowhere. i am really pleased that people on this site are getting theirs back! good luck and let me know if you ever need a hand x

you still need the wording for the application notice. i can't copy the form and post it on the website but could fax or e-mail a scanned copy to you. if you get hold of the form, i'll tell you what i put in each section. im afraid it may not make much sense if i just paste the sections online

here's a part of the template to the statement that goes with the N244: 1 Claimant: [your name]2 Statement on Behalf of Claimant 3 Statement Number One 4 Exhibits – [iNITIALS & No] 5 Dated [date] IN THE LEICESTER COUNTY COURT Claim No: BETWEEN:- [name] Claimant and [bank] Defendant WITNESS STATEMENT OF [name] I [name], of [address] will say: 1 My date of birth is [ ], 2 I make this statement in support of my Application for Pre-Action Disclosure of statements and documents relating to my account held with the Defendants between [date] and [date/to present date]. 3 On [date] I wrote to the Defendant requesting a complete list of transactions and charges relating to my back account held with the Defendant from [date] and / or a complete set of bank statements for the period since [date]. I attach a copy of my letter to the Defendants dated [date] at exhibit “[initials & no”. 4 My request for the documents detailed in my letter of [date] was made in accordance with the Data Protection Act 1998 and included the statutory maximum fee of £10. 5 The reason for the request under the Data Protection Act 1998 was that I believe that the Defendants have levied disproportionate penalties against me during the period of the account and I wish to reclaim these disproportionate penalties. 6 Under a request under the Data Protection Act 1998 the Defendants had 40 days in which to comply with my request. 7 I enclose a copy of my current bank statement at exhibit “[jnitials &no]” which shows that the £10 statutory fee which was paid to the Defendants was banked on [date]. 8 The period for disclosure of the documents that I have requested from the Defendants has expired and the documents requested have not been disclosed to me. 9 I confirm that this Application is made pursuant to CPR 31.16. 10 I can confirm that despite my chasing correspondence to the Defendants at exhibit “[initials & no]” and the requests made for disclosure of the documents that no response has been received from the Defendant. 11 The documents requested are required prior to the issue of proceedings for recovery of disproportionate charges so that I am able to fully quantify my claim. 12 I further submit that this Application is entirely proportionate in all the circumstances. 13 I also seek an order that the Defendant pay my costs in relation to this Application which have been raised due to the Defendant’s unreasonable refusal to provide these documents further to my request under the Data Protection Act 1998 and bearing in mind they have already banked the statutory fee required. 14 I seek an order of the form of the draft attached. The order that goes with it is: IN THE [TOWN] COUNTY COURT Claim No: BETWEEN:- [NAME] Claimant and [bANK] Defendant DRAFT ORDER Before District Judge ……………… sitting at [ ] County Court on day of 2006 It is hereby ordered that: 1 The Defendant do disclose to the Claimant all bank statements for account number [ac no] sort code [s/code] since [date] until the present date within 7 days of the date of this order. 2 Disclosure of any indication or notes which have either caused or resulted in the manual intervention, or other evidence of manual intervention in relation to the Claimant's banking business with the Defendant within 7 days of this order. The Defendant do pay the Claimant's costs of and incidental to this Application. Dated this day of 2006 To: The Defendant and District Judge