If you read the small print you do not have to pay the charge if you hold another account with them such as a mortgage, credit car of saving accounts. i think you can open a saving accoutn for a £1.00. So they have two options open a credit card or saving account and never use it or move banks. I would change banks just to prove a point

CONGRATULATIONS I bet your pleased

Good luck file wizzard, it needs someone to take it all the way to end the banks playing delaying tactics. According to my letter from the court there was a total of 14 including mine at the case management conference on the 18th October. When Mr Jeremiah was off sick last week no one else in the office had any idea about his work load, if he is still off sick Barclays may miss offering settlement to someone and may have to turn up the case management conference. From reading other threads it looks like every time they settle one case outside the courts, the courts send another case from the small claims to the mercantile, sooner or later Barclays will miss one and have to stand up in court and fight instead of hiding behind the system.

Not sure about the others, I know there were a number of us, I would assume Barclays are contacting those referred to the mercantile to arrange individual arrangments. But things may be delayed as poor Mr Jeremiah of Barclays litigation team has been off work sick, I hope its not stress related !!!

I pleased I found this website and glad I am now just reading other threads and passing on my limited knowledge Although I would do it all again, especially when I read in the Daily Mail that the top five banks ( Barclays/HSBC/Natwest/Lloyds/ ??) made 4.6 billion in charges alone last year May the fight continue .............

UPDATE Had letter from the mercantile, advising of case management day, also that the judge had ruled the case would be heard under small claim terms. also got letter from barclays on the same day and all I can say now is that I won't be going to court and I am very happy

I was transfered to the mercantile. I got a letter recently from the court saying the judge said the case was being transfered on small claims terms, ( I would not have to pay costs). however I did write and request this as soon as I knew about the transfer. I also wrote to the FSA, OFT, and my local MP. Got a standard letter back from the FSA, which I threw in the recyle bin, as they clearly had not read what I put in the letter. The letter from the OFT was standard but did have a paragraph that read "OFt has not set a fee, nor does it have the powere to say whether or not te level of a default charge is fair, only a court may determine that. What we have said is that based on the evidence we have seen from the major credit card suppliers, in our view the level of such charges would be considered unfair by a court and as such leave suppliers open to challenege that these contracts as illegal and therefore unenforceable" Which did make me fell alot better. Barclays contacted me shortly after they realsied the case was at the mercantile and all I can say now is that I am now very happy and won't be going to court.

Well done Sara - Have a drink for me at the weekend, I am still waiting to hear from Barclays Liz

Just had a call from Dan Pope at the Mercantile court.. Due to the number of cases currently in the system, I am not needed at the case conference on Monday. ( Due to recent events this is not going ahead) All claims against the banks are being sent over the Judge Machie (not sure on spelling) on Monday. After he has reviewed them all a date will be set or I think he will make a judgement once and for all ..not sure But I have been told to wait and not go to court on Monday, which is a shame as I have just left a message on Mr Jeremiah's voicemail telling I would see hiim on Monday -

Sara have you got the direct line for Dan Pope and the email address so I can follow up and confirm we are being seen together Thanks Liz

Sarajane Sorry for not coming back, been ill. Anyway I will be there Monday, can you PM all the details and what I should be bringing in the way of Documents so I can get them all together. Also do I have to call the courts or can I just turn up as you have already spoken with them. Sorry to be so dim, but not really with it as not feeling 100% Liz

i've just called the mercantile court London, to see why I haven't heard anything, only to be told ( by a very nice lady) that they have a backlog in paper work - about 2 weeks worth. This is is probably why I haven't heard anything directly from the Merantile court..Also something about all their cases are being transferred to the high Court !! which is why there is a back log. - very confusing Wanted to know if all those being sent to Mercantile could join together agianst Barclays, but was told to wait for my letter from the court !! Apparently I should get written confirm from the London Mercantile soon, if I have not heard by next friday I should call her again. I'm none the wiser and feel like I'm in limbo - wrote to my MP, OFT, FSA, Lambeth and London Mercantile court at the beginning of the week and have not heard from anyone including Barclays. Maybe no news is good news..............

I haven't heard from the merantile yet, but I agree we should group together. I will call the courts tomorrow to chase them up, got to go now and pick the kids up from after school club Liz.

In my younger days I worked for a building society now bank, and know for a fact that the microfiche was logged in account order, then under each it showed the name and address and account transactions, each branch were sent the relevant mircofiche for their accounts (accounts opened at their branch). A simialr set up is probably in operation at barclays

I posted my claim via moneyonline, they allocated it to Lambeth then I got the letter from Lambeth saying it had been transferred to the London Mercantile. I have not heard anything since, waiting to hear from the Merantile court, with a date for the case management etc etc

Question It looks like sarajane, Fate and I have all been transferred to mercantile and are all up against barclays. Can the courts pull all three cases together or if not can be request it? Liz

Thank Glenn & Zoot for the corrections to my letter, they will be sent lunchtime. Zoot, how did you know I need a hair cut ??, problem is until I get my money back from Barclays its on hold, hedge and backwards rings a bell Lyzn, I would just copy and paste if I were you, might be worth checking with Zoot as may be able to give you better advise than me Good luck and I will keep you all updated Liz.

OK, on hold until I hear from you

Look on my thread I have just but a draft on to the court and OFT Lz

Letter to court, any comments before i send it would be appreciated Dear XXXX Case number XXXXX I write with regard to your letter dated 31st August 2006, that I receive from the Lambeth County Court transferring my case to the London Mercantile Court, on the courts own initiative without a hearing. For your records I would like to advise that I am acting in person, do not have a lot of money and cannot afford to employee the legal representatives needed at a Mercantile Court to represent my case properly and would like to enquire what provisions there are available to me. I must stress that I believe in the justice of my case and so have little choice but to bear the burden, if there are no court provisions available for my use, but would like to make it clear at this time that the burden of any cost should ultimately be borne by the Office of Fair Trading, who have both the power and the resources needed to bring the necessary test case against the banks and have today written to them regarding this. For your information I am also writing to both the FSA and my local MP regarding my case. Yours sincerely

Draft letter below to the OFT, following my case being moved to the mercantile court. Any comments before I send it Dear Sir/Madam, I am writing today regarding my claim against Barclays Bank PLC regarding the penalty charges applied to my account unfairly. Following a report by you (OFT) regarding bank charges I followed the route of claiming the monies taken unlawfully from my account via the Small Claims Court. I have now been informed that my case has been transferred the London Mercantile Court at Lambeth County Courts own initiative. Not only my I extremely worried regarding this turn of events, but also now have the added financial risk, which is applicable at a Mercantile Court, which is not relevant at the Small Claim Court level. The fact remains that you the OFT should be taking responsibility and dealing with the banks regarding the penalties they apply to account holders and should not be leaving it to individuals such as myself to bear the burden, both emotionally and financially. Barclays Bank Plc are applying a penalty regime against me and many others which is contrary to UTCCR 1999 and I now write formally to complain about Barclay Bank Plc and request that you investigate my complaint fully and bring a case against the banks at your costs rather than shun your responsibly to consumers by passing the buck and leaving people such as myself in situations of extreme stress and risk, when you have both power and resources needed to take the Banks to Court and ensure that they do not unfairly apply penalties. I have also today written to the London Mercantile Court explaining that you, the OFT, should be bearing any costs involved in my case as you have both the power and resources to do so. Yours sincerely XXXXXXX Just finishing letter to court will ask for comments soon

I to have been moved the the Mercantile, in my allocation questionnaire under other information I also sent a copy of the schedule of charges applied to my account and finished off with "However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation ." This was copied from a template on the site. liz

Ok thanks, it does sound better

I will drop Bankfodder a PM, to see what he thinks

Hi My case has also been transferred to the mercantile court..my thread is called "Panic", I had lots of response which may help you Liz