I'm not saying it is or isn't - dont get me wrong - but it's definately not on the earlier ones I have been reading, and suggests a change in tack? Any other comments?

Hi IWant, I am at exactly the same stage as you - wella day behind! I got my here's ya money back ya ****, letter on the 5th! We will have to keep up to speed with each other! I have been signed up to this site for a while, and have really only taken it seriously since december (shame on me!) I found it reall useful to read some of the threads - the one in this forum by Crafty v Barclays is short and to the point, and will help me loads as I go through this, and there are several funny and uplifting ones - I read one the other day where the baliffs were going to be sent to the local barclays branch! How funny! We should make a sportsmans bet as to who will win quickest - you or me! Add a bit of fun to the preceedings! catch you soon Peter

Hi, The 'new' bit at the bottom in para 11: Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 2 to 3 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. Seems to be new, and would suggest that Barclays are going to allow the claim to go through, but when they lose, will counterclaim for their own loses? Can any mod or expert type person have a look at this and pass opinion...not that I am getting cold feet, but all the others that I have seen with the defence typed out don't appear to have this last sentence...and it seems quite important. Thanks Peter

Hi Crafty, and hopefully mods! I just wanted to say that this is a great thread. It (was until I posted) is a really clean thread with all the thoughts I know I will be having at each stage, and luckily on time and short to the point replies. I hope more people who are new to this will read this thread as I feel I understand the whole process a lot more than I probably did, plus I can marry the thread with the user guide templates without having to edit out the 'Hi can someone help me with...' comments (excuse mine please!) Maybe a mod can highlight this as a good little thread, or do something to make the content more visible to us newbies? Thanks Peter and good look Crafty! Oh, and how do I find out about reclaiming my charges...only kidding...!

I think your letter is very good whoareya! Do I take it from the tone of the letter that you are actually pressing for this to reach court so you can force their hand, or is this an extremely counter-aggressive move to force them to pay in full for your last XX years of charges? I also think more should be made of the standard letter in the rebutle (and no doubt when I get to that point in mine I will add it) that the first few paras of the defence state that we do not provide the details of each cost: 'The particulars of Claim do not provide details of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.' Surely the fact that in our initial SAR letters and responses where we are denied all information of manual or otherwise intervention they have actually inhibited us finding this information and so we must assume that each charge is unlawful unless THEY prove otherwise...I begin to wonder if Barclays lawyers only know the law from a complaintant viewpoint! They always seem to be attacking! Also, the second para: The Defendant’s right to charge a “Paid Referral Fee” where the Defendant pays an amount (ether by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25). Seems to be clear in its wording that the paid referral fee is not covering any administration costs, but simply aggressively invoking a financial burden as a penalty to the account holder - this is also backed up by the third para which then goes on to state that the other referrals are for admin costs. So it would seem that any judge in his/her (to coin a phrase!) roght mind would find it difficult to accept that these charges are both unlawful. I know I am at an early stage (waiting on statements) but by jolly, these people need more of 'us' to sock it to them, and bring on the day that one makes it to a court. Although, I have a dim and distant memory that case law can't be made in the small claims court? Anyone know different? Cheers whoareya! Peter

Thanks, that helps alot - I obviously hadn't got that worked out in my head! Cheers

Hi all, I have been reading the threads for sometime, and have now felt confident enough to go through the process myself. I sent my Data Protection letter off on the 3 January, and received the a response with payment returned back on the 5th - not with statements though. this feels quite quick to have received anything back from Barclays, having read alot of the threads on the Barclays pages. The letter seems to be the standard one, saying that they will send statements and that manual intervention is not covered under the DPA. So now I am playing the waiting game...but I'm not holding out on getting a return before Feb looking at other people's responses! Just a quick Q, which may or may not be of relevance or interest, but when my account was a student account, I rarely - if ever - had penalties put on my account for bouncing cheques or over my overdraft charges. Surely in some respects this means that there are no, or very very small, admin charges associated with overdraft breaches, as from what I can remember of the contract, it actually said they would be applied - so it wasn't anything 'extra' I was paying for. I think this all changed when i got my Graduate account, and they began whooping it on me big time (£75 some months) - which leads me to another point. when I graduated I was on a zero % interest overdraft for the first year, does this mean when I get to the court stage I can't claim interest, or would I use another template? Cheers Peter