This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thanks both for your intuative comments. I have responded to the ombudsman asking for the case to be reconsidered, though I have not yet recieved a reply. In my opinion the treatment that my wife recieved may have been a little over the top. She had a brain scan and head x-ray which obviously increased the costs. We are only claiming for the hospital bill, the ambulance transfer to hospital and the taxi fare back to the hotel. I have argued the point that my wife was in no fit state to contact the advisor at the time of the accident and that her friend has no responsibility to do so, on her bahalf, as they are not related. I have also mentioned that the hospital may have contacted the advisory service on her behalf and that a copy of the MES may indicate whether this was the case in this instance. Basically I am just trying to keep the case open.....by not challenging it, I would simply be capitulating and allowing the insurance company to get away with it. Thanks for your input, I will let you know what the ombudsman says when I hear. Andy

Thanks for the reply ScarletPimpernel The accident happened in Playa de las Americas, Tenerife. As I mentioned above, my Wife did not have details of the medical assistance company, but I have managed to find a reference to them in one of the many correnspondences I have had with White Horse Ireland Insurance Ltd. They are Axa Assistance 0044 (0) 845610 1429. Do you think they are likely to respond if I call them for information? Cheers in advance Andy

Haydn Thanks for your reply. However, I think I would rather try to appeal before going straight for the throat!!! Andy

Hi I have received excellent advice from this site in the past and was successfull in my claim against Barclays bank for unlawful bank charges because of that advice, so I thought I'd come back in the hope that someone may be able to help with a holiday insurance claim that the ombudsman have refused to investigate on my wife's behalf. She purchased a holiday, via Going Places in May this year and at the same time purchased holiday insurance which was underwritten by a company called White Horse. She had a reciept at the time of booking and later received an insurance certificate/schedule. Whilst mid way through the holiday she had a severe rection to something she ate in the hotel and on here way out of the restaurant collapsed and banged her head on the floor. An off-duty nurse attended her and as she had been unconscious for more than 5 minutes advised that she should attend hospital. A doctor and an ambulance were called and she was whisked off to hospital for tests. Her friend contacted the holday rep whilst waiting for the ambulance using the emergency number at the hotel and has her mobile telephone bill which confirms this. She asked the rep what documentation she would need to take with her. The rep said that she should just take their insurance certificate and my wifes passport. This she did. The total bill for my wifes treatment was about 900euros, which of course we would like to claim. She wrote to White Horse on her return, filled out a claim form and attached all of the evidence and bills. White Horse replied to say that they would not pay the claim as my wife or her friend did not contact their Medical Assistance Company before agreeing to treatment. They qoute their terms and conditions; in the event of death, incurring expenses in excess of £250, or your being involved in an accident, being admitted to hospital, or curtailing for medical reasons, the Assistance Company must be advised as soon as possible and liability shall only attach for expenses agreed by them. Failure to notify the Assistance Company will prejudice the Insurer and will result in the insurer's non-acceptance of liability in such claims. What you are not covered for: In addition to the General Exclusions of the policy, the insurer shall not be responsible for; 11. claims arising out of your failure to contact the Assistance Company. Pretty straight forward, I hear you say, well here's the rub; as you can appreciate my wife was in no fit state to contact the Assistance Company at the time; my wife's companion contacted the Going Places rep who advised that they did not need to contact anyone else; no documentation provided by Going Places at time that the holiday was purchased, when the insurance and tickets arrived, or since, contain the terms and conditions of the insurance or the details/telephone number of the Assistance company as stated above. White Horse have sent copies of the insurance terms and conditions (which do state the conditions above) and therefore the ombudsman will not investigate further. I have a week to appeal and don't know where I stand. Can anyone offer advice? Many thanks in advance Andy

Thanks for all the good wishes, it's been a few months since I looked in on the site and was surprised at the number of replies to my thread. I popped back in because Barclays have deducted another 3 'illegal' charges from my account and I'm preparing to give it 'em large again. A friend of mine also got paid out last week, the day before his court date, so hold your nerve and don't give in....THEY WILL PAY UP!! Mancity5 asked about the wording for Moneyclaim, this is what I sent; I have a contract with the defendant bank dating from 19## which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair Contracts) Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para 8 and sch.2(1)(e)In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 25th April 2003dates to be supplied to 24th April 2006 of £##.## and also interest at the same rate up to the date of judgment. I still have my bank account with Barclays and have not encountered any other problems, apart from the fact that they've robbed another 90 quid off me!! Fytinbak - Have a look in the library section, I'm sure your wife will be able to claim her money too, but you'll need to look there for the relevant info. Good luck all, not that you'll need it....remember THEY WILL PAY UP!! BOON

I did, and won!

I've sent off the ammended Barclays letter, accepting Mr Jeremiah's kind offer of a full settlement, including cost and interest. I've crossed out the confidentiality clause and informed him that I will inform the court when the money clears. That only gives him till Thursday......lets hope he's on the ball, they're working to my timescale now!!! If anyone else receives a letter from Barclays, or any other bank for that matter, headed; 'without prejudice save as to costs', have a read through the previous page of my thread. You will see that this tactic is unenforceable and will not stand up in court. They are trying to intimidate you and the judge will take this into account when it comes to discussing the award of costs. That said, no claim will get to court!!! The banks can't afford for ANY claim to get there, they are petrified that a judge will find against them and so open the floodgates to new claimants. DO NOT BE PUT OFF BY THE BANKS, DO NOT FALTER, TAKE EVERYTHING THEY THROW AT YOU.....YOU WILL WIN IN THE END!!!! IT'S YOUR MONEY - GET IT BACK!!! BOON - OUT! Its been emotional

I agree!!!! I think it was 9th March when I sent my first letter.....over 5 months and they now decide to pay out!! I wonder how many have given up after a few weeks, or when challenged by Barclays. My advice is to keep going, don't give up, they are playing the game all you have to do is play it with them. I keep saying it and I'll say it again..... IT'S YOUR MONEY. BOON

Mr Jeremiah has returned my e-mail accepting my request for a full refund including costs and interest.....which is nice!!! Stick with it everyone, you too will get yours. BOON

They are trying to pressurise you. They are trying every trick in the book. Obviously its your call, but don't give into them cheaply. It's your money BOON

I've just received the following e-mail from Mr Jeremiah. Without prejudice Dear Mr ****** I refer to my letter of ** August 2006. I am enquirying as to your decision regarding my settlement offer of £***** I look forward to hearing from you. Yours sincerely, Keith Jeremiah Legal Executive (Fellow) Barclays Legal: Litigation & Disputes Floor 29 One Churchill Place Canary Wharf London, E14 5HP To say he's their legal representative, you'd expect that he'd be able to spell!!!! I told him to poke it and I'd only settle for the full amount. BOON

You have mail!!

I sent my bundle off to the court and copied it to Barclays last week, I received a letter yesterday offering me what amounted to 80% of the total sum they owe me. The interesting thing about the letter from Mr Jeremiah was that it was headed 'without prejudice save as for costs'. After doing a little research myself and having spoken with a senior member of this site I have taken the decision to reject Mr Jeremiah's offer and sent the following letter; Dear Mr Jeremiah Thank you for your letter dated **********2006. I see that what you are offering me is in effect a ‘Part 36 Offer’. However, I know and I fully expect that you know that part 36 offers do not apply to small claims. I consider that your letter is an attempt to mislead me and to intimidate me by presuming a lack of knowledge on my part. If we do go to court on this then I shall be pointing out your tactic to the judge when the time comes to discuss costs. I am prepared to accept £****, plus 8% interest calculated at the date you send your cheque, plus my £*** court fee. I am not prepared to accept anything else, please do not bother to contact me again if you do not agree to this. Yours sincerely It seems that Mr Jeremiah and Barclays Bank will try anything to deter people from going to court. They do not want to lose a case as this will open the flood gates to everyone who has had penalty charges taken from their accounts. Stick with it, its your money!!!!! BOON

August 24th

Sorry to hijack your thread Kaz, but I too am in the same positn as you lot. My date is the 24th August and I have to send my bundle by the 12th. I too have mailed KJ, with no reply. I'm also aware of others who had dates during last week and who have also gone very quiet, I can see no other reason for this other than them being subject to a gagging order, so I don't think there's too much cause for concern. Could either of you PM me with a list of the documentation you sent and links to where I can find the following: Unfair Contract Terms Act 1977, Supply of Goods and Services Act 1982, I'm having difficulty in finding this info? Many thanks in advance. BOON

Mervalous Would it be possible to either post or PM me with a link to a copy of the Unfair (Contracts) Terms Act 1977 s.4, I can't seem to find one on the site or on the OPSI site. Many thanks in advance Boon

Hi all Thought I'd give everyone an update on my own claim. I have a couple of weeks left to get my bundle of supporting documentation back to the court and to Barclays ready for the hearing, towards the end of August. I have all of the documentation that I think I'll need and will be putting it together over the next few days. The e-mail I sent to Jeramiah and his cohort has not atracted a response from either of them and so I will probably see them on the court steps. Though I understand that a number of people have had postponments to their cases. I'll wait with interest to see wht happens. If you trawl through the ealier posts on this thread, you'll see that I was quite anxious about going to court and putting my case to the judge and the Barclays rep. However now it doesn't phase me and in fact, I'm quite looking forward to it. The longer this drags on the higher the amount of interest my money is attracting!! Its my money. BOON

Mcarreno Please read the FAQ section of this site http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Boon

I e-mailed Mr Jeramiah on Monday last week, asking him to consider settling before we get to the court steps. I have had no reply, so far. But I am encouraged by Icefalls Success and will start putting together my documentation to send to the court and the defendant. Good luck everyone else. BOON

Mine is 24th August. BOON

I recieved a letter this morning from my local court with a date for the hearing. its towards the end of August, so I have a few weeks to sort something out, should Mr Jeramiah not wish to settle beforehand. I intend to write to him on Monday giving him the opportunity to do so. The notice says that I need to get my bundles together and send 1 to the court and 1 to the defendant in the first week of August. It does surprise me that, as they appear to be settling quite a few claims before they get to the court steps, they did not make an offer when they got my notification of claim. It is going to cost them more than I was originally claiming afterall!!! Perhaps they are snowed under with the number of claims and can't keep track of individual cases, or they may be hoping that people default by not returning their questionnaires on time - the thought of actually going to court is a bit daunting to many and I think Barclays are hoping that people will be put off. All I can say is don't let it phase you, its your money, get it back off 'em. Andy

Antony I have received Barclays defence and returned the questionairre. When I get my court date I intend to contact Mr Jerimiah in the hope that he will settle before we actually get to the court steps. Some have already tried this approach and have been successful, but I would advise any who plan to do it to make sure they have their court date first. Andy

I have put a joint claim in for two accounts. The only difference with your situation is that mine are both joint accounts, though I have brought the action in my name and not in both our names. Its going to court, so everything is on track so far, I don't think they'll turn up so it shouldn't be a problem!! Andy

Valleyboy Many thanks for that! I stumbled onto another thread which gives a good indication of what needs to be put in the other information box of the questionnaire. It can be found here; http://www.consumeractiongroup.co.uk/forum/showthread.php?t=10207 Good luck