volks23 v Barclays ***WON***

[volks23]

Any thoughts to the question in thread #70. I called woolwich/barclays to request a copy of my t&c's and they said they would post them out not sure for which year yet.

[volks23]

Ok just received the t&c. Think the date is 05/05 does this matter or should I be tying to get hold of the ones from 2000 when the account was opened?

[volks23]

Any thoughts on the below questions?

[MoneyKing]

Hi

 

with regards to t&c. I think ideally you would want ot have the ones from the start to the end of charges i.e over the whole peroid, most will send the ones they were started on so yes try and get hold of earlier ones, failing that, as long as the 2005 say somthing along the lines of you having to keep you account always positive then they will be!

[volks23]

Thanks MoneyKing will check tonight. Would I be better off posting a request for the 2000 T&C's in the Woolwich forum as the account is actually a Woolwich account and not Barclays although Barclays are now dealing with this case?

[MoneyKing]

I just PM you!

 

But with regards to T&C yes look in Woolwich forum also.

 

Failing that PM MODs bankfodder might have them, but try any MOD you can hold of!

[volks23]

Starting to get really confused just been reading through the t&c's nothing mentioned along the lines of keeping my account always positive. What buzz words (been one of those days) should i be looking for? and do I really need the t&c's? Any help or thoughts would be most appreciated as I am gathering my thoughts in preparation for calling barclays tomorrow.

 

Cheers

[volks23]

Sorry guys another question. Is it best to email or call barclays? and is Krysta still the best person to contact?

[saintly_1]

if your emailing try Dino he seems to respond best

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

several contact details on here

[volks23]

Thanks for the info saintly_1

[MoneyKing]

usually condition 5.something or 7.something! It will say : you must keep your account in credit, or you agree to keep your account in credit unless you agree an overdraft

 

do you need t&c...only if it ends up in court and the judge decides that your case needs to be heard (a bit like the recent loyds one)

[volks23]

Thanks MoneyKing. I have just been sitting in a room with 3 other people discussing claims. I have somewhat got myself into a muddle over which years I can legally claim for using the 6 year rule and the more these guys argue over it the more confusing the facts are becoming.

 

I started my claim in Dec 06 (although I didn't file in court till end of Jan 07) which of these sets of years can I claim over:-

 

00 - 06

01 - 06

02 - 07

 

Also I haven't used the account since Sept 06 but still have an outstanding overdraft balance of less than £100.

[saintly_1]

Ok the statute of limitations is what the bank relies on to get you to 'drop' any charges that are outside of the 6 years .However due to section32(b)

this is voided

Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. The act also defines 'action' as meaning court proceedings. Practice Direction 5.1 (CPR Part 7) also defines the bringing of the action as the date the claim form is issued.

 

Then you defend with S32 b

Section 32. Postponement of limitation period in case of fraud, concealment or mistake

 

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has

been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a

mistake;

 

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

Your defence:

The concealment in clause (b) does NOT refer to the charges at all. It refers to the concealment of the UNLAWFULNESS of the charges (the Cause). The banks knew (know) the charges were unlawful, and concealed (in fact, continue to conceal) that fact. Clause (b) is, in my opinion, fully in force. You were advised by a third party that the charges were unlawful and are proceeding with your action on that basis; therefore your six years begins when you were informed.

[MoneyKing]

umm, I have gone on the side of caution with my claim. I decided that I would play safe and go first for the 6 year rule i.e from date of court claim. However i will not forget those earlier ones believe me! Once I get this settlement through, I will go back for way beyond using same arguments a saintly just posted. I felt this was better for me at least, because in this way my first clam then becomes fairly standard, and just go through like most others.I did not want to put all me egs into one basket. The choice is yours, you can go for more than six years, but if it did end up in court with the judge it might be trickier than a normal 6 year claim. whats best only you can decide

[MoneyKing]

one more thing to answer your question:-

 

for the six year rule you can go back to Jan 01 i.e the period between 01/2001 and 01/2007

[volks23]

Your a star MoneyKing. Your advice and that of Saintly_1 has settled a long running arguement between myself and 3 others that are all claiming charges.

[volks23]

Is Dino and Paul Quinn the same person as that's the only email address I can find?

[volks23]

Found it guys.

[volks23]

Ok. I have just called both Krysta and Dino got answer phones on both lines. I have left a message for Dino as Krysta message says she is only dealing with her clients and anyone else will hear from them in due course. I am about to email Dino. watch this space.

[volks23]

ok sent Dino an email within 3 minutes (and that's not an eaggeration) got a response giving me contact details for Rob Saunders has anyone had any dealings with him. Is it worth me emailing him? Does anyone have any tips on what to say other than I'm trying to find out who is dealing with my case etc.....

[dar£n]

see here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

[volks23]

Thanks just reading through now. keep getting distracted by work things

[volks23]

Got this back. I assume this is standard stuff. But nearly there.

 

Thanks for your email, I’ll be looking at your file soon with a view to settlement out of court. I deal with a high volume of claims but given that your court date is approaching I would expect to be in contact with you before the end of June, your patience is much appreciated. Please feel free to contact me at any time if you have any queries.

Kind regards

RS

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

Tel: 020 7116 2403

[MoneyKing]

sounds good! Plus I like this, they are actually admitting more and more in writing that they have no intention to go to court lol Wonder what the Judges would say!

[volks23]

Was thinking the same thing. It's funny really that yesterday I was so wound up with this claim that i was almost gonna throw in the towel and admit defeat. Today it's a different story I am starting to feel a lot more postive. There's still a long way to go but my advice to anyone reading this is stick with it cos through all the ups and downs there is light at the end of the tunnel and I can almost see mine.