Who told you that? If you open the word document in the following link it gives a chart of which fees apply to which accounts. (you may have to copy and paste to enlarge it) It states that the guaranteed transaction fee and the returned transaction fee (as oppose to the current unpaid item and paid refferal fees) apply where you have just the authorised overdraft or no overdraft at all. I did ask Barclays and they said it was the £8 charge. Barclays.com | Media Centre | News Releases | Barclays overhauls current accounts to make banking simpler and clearer for consumers

If you opt out you still only pay the £8 fee but the mortgage will not be paid. So no you will not get your unauthorised overdraft. The benefit from having the reserve or the service which you pay for is having the payment met. That will be taken away if you opt out. With mortgage payments this may well be crucial as missed mortgage payments will impair your ability to get future mortgages.

You may find this case of interest: http://www.scotcourts.gov.uk/opinions/a187_04.html

I think yu would probably have a claim for mis-selling of the insurance. The fact that you didn't know that you had it or what it was for suggests that anyone who sold it has not done their job properly. In relation to the credit file it seems they have not properly cancelled the policy in accordance with your request. Do you still have copies of any letters sent? It is worth writing to the CRAs stating that you believe that there is inaccurate data on your file and request that they remove it. If you have copies of letters cancelling the policy enclose these. You may also have a claim for damages against the insurance company for negligence in failing to close your account and passing on incorrect information for the consequent damage to your reputation.

If you agree then Lloyds will pay a reduced fee for applying for a stay. If you disagree you may have to attend a hearing to put forward your reasons for objecting. Although such hearings are quite rare now the courts seem to stay the claims as a matter of course. You don't have to respond at all in which case it will be taken that you do not agree.

Hi NS, It is possible that they went via the Ombudsman. I have heard of such claims companies doing this as it reduces their risks, workload and costs. They would probably have given the Ombudsman their address for any correspondence but Abbey would have your address for making offers. If so and they lead you to believe that they would be pursuing your claim through the court this could also be a breach of contract.

Moved to forum 'other institutions'

Hi Lifechooser, In answer to question 1 there is a possibility that the claim would be jeopardised where the amount is known to be in dispute but you pay anyway If she puts the loan account in dispute then they should not be able to report any defaults to the Credit reference agencies. If they do this can be challenged. As it is a claim in joint names unfortunately the ex would need to be added to the claim. I'll move your thread for you.

Have you not filled in our complaint about these changes? http://www.consumeractiongroup.co.uk/forum/campaign/146952-complain-fsa-about-misleading.html I'm very jealous I only got offered £500 reserve needless to say I opted out

Nice one

Its your claim

The Court of Appeal in Johnson v Medical Defence Union is quite clear that loss of reputation is not a head of damage available under DPA:

None of these cases you refer to relate to claims under the Data Protection Act. I suggest that it is important that you read this case before proceeding: Johnson v Medical Defence Union [2007] EWCA Civ 262 (28 March 2007)

That sounds like a good plan You could start off by doing a SAR which will oblige them to send all the info they have on you which should help determine exactly what they have or haven't done. The template SAR would need to be adapted for your specific circumstances. If you need any help with this just shout. We don't have a forum specific for claims management companies so it would probably be best to start a thread here and may be if there is enough claims we can start a new forum. Nice to know the money is being put to good use . Mines a GS160 whats yours? I'm off to a rally tomorrow but will drop by your thread sometime Sunday. All the best Zoot

The question of how long you have to wait will depend on what the court rules in relation to historic terms and penalties and whether there is any appeal in relation to that ruling. Business claims are quite vulnerable at the moment so it is possible that you could lose and end up with nothing. I would find their enthusiasm quite worrying. I also find it quite worrying that they did not know that this was a business claim as different laws are used for each. If they hadn't treated it as a business claim then it is almost impossible that you would have been given an offer as Abbey are bound by the waiver agreeement in which they agreed not to pay out any consumer claims. They still don't seem to have told you at what stage your claim is at as to whether they have submitted a court claim or not.

The article was wrong on this point. Barclays always stated that it was an opt out service which forms part of the complaint. As to whether you should opt out it is upto you. The benefits you get from using the reserve is that any payment instructions will be guaranteed to be paid which could avoid embarrassment or inconvenience of having to rearrange payments. However, the cost for this is £22 for every 5 days that you use the reserve (regardless of whether you use it for the full five days). If you use the reserve each week this would amount to £88 per month which compares with other banks charges for unauthorised borrowing of fees between £15 -28 (although no guarantee that payment insrtuctions will be met). If you do opt out you still only get charged the £8 for transaction fees where payments are returned unpaid. So it would be a much cheaper option to opt out.

Under the Claims regulations rules they are obliged to keep you informed of all matters. http://www.claimsregulation.gov.uk/__wysiwyg/UploadedFiles/File/MoJ%20Conduct%20of%20Authorised%20Persons%20Rules%202006(1).pdf It is a bit of a grey area as to whether this would amount to a serious breach in order to entitle you to terminate the contract. They are also obliged under SGSA to carry out the service with reasonable care and skill. There should be no reason why you should not have received your statements by now unless they have failed to pursue them.

Hi NS, Welcome to forums. Congratulations on getting an offer on a business claim! The question of whether you can terminate the contract with the claims company will depend on whether they have commited a serious breach of contract. This may depend on the terms and conditions of the contract. There is also an implied term in all contracts for services that work will be carried out within a reasonable time. They can't be blamed for the stay, but if they have failed to get hold of statements or do other matters in a timely manner there may well be a breach of s.14 of the Supply of Goods and Services Act. If you feel that their conduct has amounted to a serious breach you can write to them informing them that you feel that their conduct has fallen below that what was presented and you feel that their has been a serious breach of contract and therefore you are going to treat the contract as terminated and no longer wish them to act for you in any proceedings. The chances are they will be relieved to have you off their books given the uncertainty surrounding business claims at the moment. However, if they disagree that they have breached the contract in a serious way they may refuse to treat the contract as at an end. In which case they may claim against you for breaching the contract by terminating it and bring a claim for any costs they have incurred in carrying out work to date. Do you know if the contract between you and them is governed by English law or Scots law? Do you know if they have actually submitted a claim in the courts? KTF Zoot PS do you want that typo in your user name changing?

An N1 is the court form on which you make your claim. There is a link to one in the bank templates library

Fantastic!

You'll need to put in a Part 18 request if they refuse to supply you with the documents you can then make it enforced by the courts so that they have to supply you with it. PRACTICE DIRECTION – FURTHER INFORMATION - This Practice Direction supplements CPR Part 18

http://www.oft.gov.uk/shared_oft/personal-current-accounts/banksqa300508.pdf

This is a pdf copy of the website news release. You may be asked to provide a copy of the offending material. If so you can save this to your hard drive and attach it to an e-mail and send it to the e-mail address provided. Barclays news release 29.05.08.pdf

Don't let Barclays get away with seeking to mislead you! Complain to the FSA: http://www.consumeractiongroup.co.uk/forum/campaign/146952-complain-fsa-misleading-conduct.html

Does it make you angry when banks try to mislead you? Well now’s your chance to do something about it. You may have noticed in the press and perhaps from this website the fact that Barclays announced they are cutting their overdraft charges to £8. This looked all well and good and seemed a most attractive change for the consumer until you read the small print and found out that in fact it’s not quite as attractive at seemed. We believe that Barclay’s news release on their website was misleading and that the overall package of fees and charges which they are proposing to introduce are unfair, disproportionately affect the less well off and are marketed in a way that amounts to customer abuse. Furthermore it is clear that the overhaul of the charging regime is a blatant attempt to evade the possibility of the charges being found unlawful in a court of law and yet still allowing Barclays to impose the same level of charges. What you can do The FSA has a report facility on their website whereby you can report misleading promotional and advertising material. If enough people complain about the behaviour of Barclays hopefully the FSA will bring Barclays to account demonstrating a clear message to other banks not to follow suit and that customer abuse will not be tolerated. The report facility only takes a few moments to complete and costs nothing. Furthermore you do not have to be a Barclay’s customer to use it. Please help CAG help consumers by taking a few moments to fill in the report. Follow this link: Making a Complaint Guidance for completion: Q1 Select: member of general public Q2 Select: website Q3 Write: Barclays Bank Plc Q4 Write: Restructure of current accounts and charging regimes, new service of reserve facility Q5 Write: 29.05.08 or the date you accessed the website Q6 Write the web url from here: Barclays.com | Media Centre | News Releases | Barclays overhauls current accounts to make banking simpler and clearer for consumers Q7 Either write your own comments or copy and paste the following: 2. Fill in your name, e-mail and phone number and then press submit. You will then receive an e-mail confirming receipt of your report with a reference number on. Thank you for taking the time to report this