I am claiming bank charges from Barclays Bank

[sherlockholmes]

--------------------------------------------------------------------------------I am claiming back bank charges from Barclays Bank on hardship grounds.I have sent them a court summons which cost me £70. I am including their response to receiving the court papers belowas well as the particulars of my claim. Their response below shows that they intend to have this struck out of court. Can anyone provide an advice on preventing this from happening?? ****** Bank Response: I refer to your Claim Form issued on 1 6 August 2012 in which you assert a claim for unauthorised overdraft charges applied to your account. To make the current legal position clear, the Office of Fair Trading(the "OFT") and consumers have previously challenged unauthorised overdraft charges on the grounds that a) they constituted penalties at common law; and b) they are unfair under Regulation 5 of the Unfair Termsin Consumer Contracts Regulations 1999 ("UTCCR"), on the basis that they are too high. Following decisions in the case of Office of Fair Trading - v - Abbey National PLC and others,given by Mr Justice Andrew Smith ([2008] 2 All ER (Comm) 625 and[2009] 1 All ER (Comm)717) and the Supreme Court on 25 November 2009 ([2009] UKSC 6),neither of these arguments are now open to consumers. Barclays'overdraft charges have been heldby Andrew SmithJ not to be capable of amounting to penalty charges; and the Supreme Court has confirmed that such charges are part of the price for personal current account services and so cannotbe found to be unfair under the UTCCRs on the basis that they are too high. Accordingly,it is clear that you seek to rely on legal arguments which have been considered and rejected by the High Court and by the Supreme Court. lt follows that your claim must fail. I request that by close of business on 31 August you withdraw this claim. lf I do not receive confirmation from you that your claim has been withdrawn by the close of business on that date, we shall proceed with an application to the Court for the claim to be struck out. *******Particulars of Claim I am claiming bank charges to the amount of £1287.22 inured over a 6 year period from the date of my original claim back in 2007.I wish to pursue this claim on the grounds that I was experiencing severe financial hardship at the time of incurring the charges in question, lasting up until this present time. I was trying to run my own business and struggling to meet my outgoings. This has included an inability to pay for necessities which include council tax, utility bills and rent. As well as my inability to make loan and credit card repayments which required me to seek debt counselling advice and appointments with a doctor for anti depressants caused by the stress of my situation.I was charged penalty's by Barclays Bank of up to £30 a time, which were unaffordable to me and I was trapped in a cycle of incurring charges which only added to my financial hardship. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

[jdes26]

Go for it..........

Glc have had some successfull cases

[sherlockholmes]

*update on this* The claim was 'struck out by the court.This was because I was to rely on legal arguments with regards to the fairness of the charges rejected by the supreme court...Any advice on what my legal argument is? I was in hardship, but this point seems to have been ignored?