All claims within last six years. Total amount claimed £2,000 ish (incl interest) 1st letter sent 13th June 2006 2nd letter sent 27th June 2006 (Letter Before Action) Barclays offer 43% in Full & Final settlement Offer declined Claim Issued 4th August 2006 (incl interest) Served 6th August 2006 Acknowledged 15th August 2006 (intention to defend) Defence Recd 5th September 2006 Allocation Qustionnaire sent 14th September 2006 Offer received from Barclays in full and Final settlement 24th November 2006 All money owed refunded, in addition 8% Interest & Court costs paid. Keep on with your claim, to date three bank accounts, with two banks. To date all charges refunded in full and 8% interest paid on amounts.

Just receive a cheque from HSBC for full refund of charges and 8% interest on top. That was after the second letter refund in full incl interest @ 8%

Part 18 is your chance to request information from the bank. I have just sent them a request for the following, just to make their life hard. Under Part 18 Application for "Further Information" under Practice Direction Part 18. (1.1). (Copy attached). The Claimant requests the following information:- a) The Claimant requests a full copy of the contractual terms and conditions which were agreed and duly signed, when the said bank accounts were opened in August 1983. b) Copies of the standard terms upon which the Defendant (Barclays Bank PLC) intend to rely. c) Any and all addendum and / or amendments to those standard terms and confirmation of the dates upon which these addendum and / or amendments were brought to the attention of the Claimant ( if at all ). d) The Claimant requests that the Defendant (Barclays Bank PLC) provide a proper breakdown of its costs and charges, in relation to what it actually costs to respond to the purported breaches of contract on the part of the Claimant. Regards David

Mossysue, Did they file a defence? If so was it the same as my post? Regards David Luben (see above)

All claims within last six years. Total amount claimed £2,000 ish (incl interest) 1st letter sent 13th June 2006 2nd letter sent 27th June 2006 (Letter Before Action) Barclays offer 43% in Full & Final settlement Offer declined Claim Issued 4th August 2006 (incl interest) Served 6th August 2006 Acknowledged 15th August 2006 (intention to defend) Defence Recd 5th September 2006 The Barclays Defence 1. Save where indicated to the contrary, references to paragraph numbers below are to the Particulars of Claim. 2. Paragraph 1 is admitted 3. Paragraph 2 is admitted, save that it is denied that charges debited to the Claimant's accounts were in respect of purported breaches of contract on the part of the Claimant. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions.. The charges constitute payments the Claimant agree to make by reason of the terms and conditions of his accounts 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. The Claimant accepted the same when the accounts were opened. 4. The standard terms and conditions included (in particular but without limitation) the following terms and conditions (which are summarised): a. The Defendant's right to charge a "Paid Referral Fee" where the Defendant pays an amount (either by compulsion or election) which causes the accounts to become overdrawn - £30 per item (previously £25). b. The Defendant's right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the accounts - £35 per item (previously £30). c. The Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 5. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the Claimant exceeds his authorised overdraft limit). 6. If and to the extent it is the Claimant's case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits constituted a breach of the terms applying to the accounts and that the contractual entitlement to debit charges from the Claimant's accounts constitutes a liquidated damages clause, the same is denied. Paragraph 3 above is repeated. 7. The existence of the schedule referred to at Paragraph 3 is admitted. The Claimant is required to prove the charges set out therein. 8. For the reasons set out above and in the premises, paragraphs 4 (a) and (b) are denied in their entirety. It is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations, or are in breach of the Unfair (Contracts) Terms Act 1977. It is further denied that any such charges unduly enrich the Defendant. Therefore, it is denied that the charges were unlawfully debited from the accounts. 9. If and to the extent the Claimant incurred charges on his accounts, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and / or his failure to make payments to bring the balance of the accounts back into credit or back within the authorised overdraft limit and / or back within the authorised overdraft limit. 10. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same. 11. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded by the Claimant in paragraph 5 or at all. 12. In the alternative, and without prejudice to paragraph 10 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the accounts to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 3 to 5 and 10 above, it will seek to recover to the extent necessary such loss and damage as it actually 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 Any Idea's how I should play this? Any help appreciated?

This is my first post, so will keep it short. All claims within last six years. Total amount claimed £2,000 ish (incl interest) 1st letter sent 13th June 2006 2nd letter sent 27th June 2006 (Letter Before Action) Barclays offer 43% in Full & Final settlement Offer declined Claim Issued 4th August 2006 (incl interest) Served 6th August 2006 Acknowledged 15th August 2006 (intention to defend) What do I do now?? Any help appreciated.