Hi Yes I did but he was not dealing with my claim and put me on to a colleague who was also helpful. There seems to be a change at Barclays Bicester1

Hi parkvale. That is interesting! Had a discussion with a very nice lawyer at Cobblers. Once I pointed out that we now have a court date in July they were much keener to negotiate so I sent them the following: Cobbetts LLP Ship Canal House King Street MANCHESTER M2 4WB Your Ref: LYS/ Our Ref: NW9 Wednesday, May 02, 2007 BY FAX Dear Ms ***********, ************-v- National Westminster Bank plc Claim No: I refer to our telephone conversation of this afternoon. You are aware from our conversation that this case has now been listed for trial before District Judge ********** at Oxford County Court on 17th July 2007. Documents are to be exchanged on or before the 16th May 2007. I would prefer to avoid preparing bundles for a trial which we both know will not happen and therefore we discussed the possibility of an out of court settlement in the hope of avoiding further time wasting and expense. I am willing to accept the return of my charges, plus interest at 8%, rather than the National Westminster contractual rate of 29.9%, plus reimbursement of my costs incurred so far, of the issue fee of £120 and my subject access request fee of £10. You will see therefore that sum is £2216.60 in charges and interest, as detailed on the enclosed updated schedule of charges, + £120 issue fee + £10 S.A.R - (Subject Access Request) fee, which is a total of £2346.60 Please note my offer is subject to the following contractual terms, which are that I will not: (1) a) accept any confidentiality clause b) agree to accept any future charges on my account as legal c) discontinue the action until payment is received and that: (2) a) acceptance is to be communicated by fax to the number above b) payment is to be made by BACS transfer to a bank account which I will designate, by return, subject to your acceptance of this offer c) payment is to be made into the designated account by 5pm on Friday 11th May 2007. I appreciate that you may need to revert to your clients for instructions and will leave this offer open until 5pm on Monday 7th May. I believe this represents a reasonable compromise, which I hope that your clients will feel able to accept. If your clients accept my offer, I must state unequivocally, that subsequent breech by them of terms 2b or 2c will mean that I consider the contract repudiated. Under those circumstances I will consider any subsequent payment to my account as part payment of my original claim and will continue my action for the full amount as detailed in my particulars of claim. I look forward to your early response Yours sincerely, Lets see if this produces an acceptable offer! I'm quite happy to accept s69 for convenience rather than contractual, which is what they offered me on their Credit Card Let us know how the claim for more than 6 years goes. I'm about to hit Lloyds for 10 years at contractual -fees are about £1500- interest at their contractual is about £13000!

Hi Called Barclay's litigation department yesterday. Talked to very helpful lawyer - definite impression they want to settle and said they will send me an offer to settle before Court. Lets see ! Bicester1

Well done DS many congratulations!! Bicester1

Yup thats the problem! Any thoughts from anyone about costs? Bicester1

Well done!!! Thanks for the thanks, but as they say "de nada" ......remember that song from "The Italian Job"......"We are a self help society......." We all learn from each other or, as the Chinese say, "The greatest fool may ask more than the wisest man can know" Enjoy spending it!

Hi DS Yes please!!! Bicester1

Well done! nice one..... Bicester1

Hi DS Have been out of the country for a while on business so nice to be back! Thanks for the update. Many congrats on the wins. Well done! Contractual too - very nice! Was that Barclaycard or Bank? I have got two court dates in July one against Barclaycard and one against the Nat West Bank who as you might have seen have settled my cc charges but will not settle my bank charges! Guess I might write again and give them one last chance! Best wishes Bicester1

I know i said no more posts but ...... thanks Nattie and thanks to all on this site for the help and support. Couldn't have done it without y'all!!! Seems to me that there must be a PhD thesis here for some enterprising social studies student. It could be called something like "Empowerment of the 21st Century citizen by the internet. Workers of the world finally united." [With apologies to Karl Marx and Fredrick Engels!] Only slightly tongue in cheek though, who was it who said knowledge is power? Thousands of individuals with a little knowledge and experience linked by the internet make a virtual entity that can take on the most powerful financial institutions in the world and win - an impossible phenomenon 20 years ago. Seriously though, this is a very interesting state of affairs and it ain't finished yet - I don't hear no fat lady singing. I guess wouldn't have happened if not for the internet. I bet Tim Berners-Lee never foresaw this! Big institutions will never again be able to bully individuals once people become aware of sites like this. Now here's a thought for a little extension of the activity. How about taking on the airlines for the £30+ charge they make to change the details on a ticket!!? See the article in the Torygraph a few days ago. Unreasonable charge or what? I feel UCTA, UTCC or mabe Sale of Goods and Services Act coming on! Liquidated damages or penalty charge at common law.........? Just a thought. Let's try that one on Ryan Air! Tee hee. Anyway 'nuf philosophy for the day! [Ed] The struggle continues! Bicester1

Hi Very interesting. A question. I am a self employed professional man and I usually charge my time out at £x per hour to clients and can prove that, so do peeps think that the court would agree that I should charge the bank at the same rate in preparing my case? Would that be reasonable, or do I stick to £9.25? Bicester1

Credit card charges repayment received into account!!!! :) No more posts by me in this thread. Can a mod move it to successes? See other thread "Bicester1 vs Nat West." for the ongoing saga of the bank charges! No reply from Cobblers to my very generous offer to accept a refund of my charges and 8% interest and now have a date [17th July] for Court case in Oxford for my bank charges. "The struggle continues." Bicester1

Morning Parkvale! See you're up early too! Yes I hope so! Interestingly they did offer me my charges back in full but would not budge on the interest. I asked for charges and contractual in my prelim, got an offer of charges only and counter offered to settle for charges and 8%. They bought this with my Nat West credit card but not with Bank Charges, guess must be different parts of the org working to different rules. So any way now Cobblers are involved and won't negotiate so looking forward to Court! Best wishes Bicester1

No AQ ordered. Case transfered from MCOL to County Court. Trial date allocated for 17th July small claims track at Oxford County Court in front of District Judge Mathews. Bundles to be exchanged by 16th May. What a waste of trees as we all know they will not defend! Hey ho off to the photocopier we go! Bicester1

Thanks Been away. Have now got a trial date; 31st July for 30 mins at Oxford County Court, before Judge Mathews. Bundle to be sent to all parties by 16th May. What a waste of trees as we all know they won't defend! There was an order that no AQ be submitted so tried a respectful letter to the Court asking if they would order special directions -no luck- but did get small claims track. So down to the bundle this weekend! Bicester1

Bong, Hi me again, are you aware of any other successful applications under CPR24? Bicester1

Hi They waste the Courts time as they have no real defence! They can't say this tho. This I think is the reason for the courts dispensing with the AQs. I have now seen a very good post describing an application for summary judgment under CPR24 which worked so I think I am going to try that!

Bong you are a star just what I need! Guess that shows how this site should work! Will cut and paste over the weekend and get my application off. Many thanks will let you know how I get on. Bicester1

No the court order tranfering the case said no AQ to be filed! Bicester1

Hi DS one further point which is about judgment in default. This is taken from Patricia Pearls book page 55 and states: "If the defendant does not respond to the court in time ,the claimant can apply for judgment in default by using the correct form[rule 12.4[1]. The form is supplied to the claimant when the court notifies the claimant that proceedings have been issued and served." [My bold] I assume you have sent this form back? I don't see any such form with my MCOL, I assume as I can do it on-line as you say! It is important to formally request judgment as if you don't by six months the case is stayed and they can enter a defence up until you request judgment. Best wishes Bicester1

Hi They filed at the last minute! Case has now been transfered to Oxford but with an order from the court saying no AQ. I wonder if they will go for a pre-trial hearing with summary judgment? This gets interesting! Let us know what happens with you. No offer from the bank I take it? Bicester1

Hi Thanks for the reply. In fact they got their defence in at the last minute. The standard Barclay's defence. The case has been transfered to Oxford but with an order that there should be no allocation questionnaire! I have re read your post above and think I am going to try and put something together over the weekend. What grounds did the Judge give for dismissing your application? Have you tried for abuse of process yet? Bicester1

Hi Link for MCOL [money claim on line] is here: Her Majesty's Courts Service Just follow the steps on line is quite simple. The particulars of claim for MCOL are in the template library. Good luck. Bicester1

Hi GaryH thanks for the post will keep you informed! Bicester1

Hi For £360 I suggest you use MCOL; just google it and it will come up. There are template letters to fill it in on this site. Make sure you claim interest at the contractual rate not s69 with your particulars of claim. See the spreadsheets to calculate this. They will probably come back with an offer for charges at least that is what they did with me! You can ask then for charges and s69, or alternatively you can stick to your guns for contractual. Don't worry about the court bundle as yet! Keep up the pressure. Bicester1