Barclays offer LESS than 50% back. Advice please

[Alleycat]

Blimey, they're really giving you the run around! I thought that the basics covered in your original letter and what you said on the phone and an actual appearance in court would give you the chance to fully argue the point.

 

Have they given you an ideas as to what exactly they want when you phoned them? Do they want you to try and break down the charges or are they after more legal gumf?

[amulrooney]

More gumf I imagine. I really don't know what more to say.

 

HELP!

[Alleycat]

Right (rolls sleeves up!), lets see if we can think of what they might be after. Did they say if they wanted it in writing or not?

[Alleycat]

Okay, so we can't actually PROVE that the amount of the charges is unlawful, we only have circumstantial evidence, therefore the bank is required to disclose how it has reached the figure it charges.

 

Circumstantial evidence - the process of returning a d/d unpaid, exceeding o/d is an automated procedure. A computer system set up to manage many millions of barclays accounts. The cost of installing and maintaining a computer system would be spread over a huge number of transactions.

 

- A one size fits all charge. How would it cost the bank the same amount whether you exceed your o/d by £1 or £100? The loss to the bank would be different. How would it cost the bank the same amount to pay a d/d as it would to return it unpaid?

 

Fact - It has been stated by a high level bank member Peter McNamara on BBC News that "the charges were used to fund free banking for all personal customers."

 

Obviously there is then the legaleze stuff. Penalty clauses in English and Scottish law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. You have asked the bank for disclosure so you can be sure that they are not overcharging but they have refused. Etc etc.

 

Maybe refer to the information you were intending to bring to court...

 

 

UTTCR 99 Statutory Instrument 1999 No. 2083

 

copy of Unfair Contract Terms 77 Unfair Contract Terms Act 1977 as amended up to date to 1/10/2003

 

copy of the OFT statement of April 5th in full

http://64.233.183.104/search?q=cache...ct=c lnk&cd=1

 

copy of the OFT statement of April 5th summary

Summary of Exactly What the OFT Said & The 'New' £12 Threshold

 

relevant case law summaries, Wilson, Dunlop

 

dunlop overview

http://en.wikipedia.org/wiki/Dunlop_...ge_and_Co._Ltd.

 

The established jurisprudence

bankchargeshell.co.uk - Legal cases and common law

 

Thank you to Octron32 who posted these links in Bookworm's thread.

[Bookworm]

Ithe charges were not an accurate estimate of what it costs them, that they are added in torrem,

Advice on what to send back would be helpful.

 

Maybe using the correct words, which is "in terrorem" might help?

 

But the legal basis would be the basic tennets of penalty law, as defined by cases of 1896 Wilson v Love, and 1915 Dunlop v New Garage, which defined that a charge can not be more than a genuine pre-estimate of costs, that kind of thing?

 

Okay, so we can't actually PROVE that the amount of the charges is unlawful, we only have circumstantial evidence, therefore the bank is required to disclose how it has reached the figure it charges.

 

Well, no, but that is precisely why a judge would be expected to make that decision, we're not supposed to prove this prior to the hearing, that would be rather defeating the purpose.

 

Can you post here what your particular of claims were exactly? Maybe there'll be a clue of what the judge is asking for...:-?

[amulrooney]

Sorry yes, in torrem was just a typo on my part because I was rushing.

 

Alleycat, thanks for that info. I'm drafting my letter right now and will hand it in tomorrow. I will keep you posted on what the outcome is.

 

Many thanks.

[amulrooney]

Right, letter written and posted.

 

Will keep you updated on anything else I receive from the court

[omollmeg]

Hi,

Am now expecting the same reply if this is the next court of action they are going to take.

What were the specifics of your letter? is there anything I should definately include should we all start getting the same response??

Many thanks and good luck.

;-)

[krissykrissy1980]

having.....gone into o/draft without having agreed with the defendant to increase the overdraft facility and/ or his failure to make payments to bring the balancre of the account back into credit.

 

Dont worry i had the same crap on my transfer of proceedings. i think yes we will all expect the same defence! I also saw my local CAB today for there advice also, always try to settle out of court for it to be in your favour was there advice so i went along but they werent having any of it.....onwards court!!!

 

Hope this helps.

[amulrooney]

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