Koala Attack Vs Barclays

[saintly_1]

KA pm me an email addy to send the T&C's to and will get them to you asap

[koalaattack]

Cheers Saintly, it's on it's way! (ignore that, Dar£n PM'd me and explained so he's sorted it now, thanks though).

 

I saw an interesting question in Electric Lemon's thread today and it got me wondering - I figured I would ask here too in case people miss it on that one...

 

...what's the biggest amount claimed been so far? Mine, inlcuding daily interest, will be circa £6,400 if it gets to 6th August. I just wondered how many have been over this, by how much and whether this has any bearing on the payout timescale/Barclays arguements against paying up?

 

Cheers,

 

KA

[koalaattack]

Hi everyone,

 

I know it's been posted up here a few times but the BBC are running a story on their website (news/business) which is about how another group of people have won their cases in court (mostly against Lloyds it would seem).

 

This is obviously great (congratulations if you are one of those who won today) but there was a very serious point raised. A few of the cases were delayed because neither parties turned up; I guess the most important thing to remember is always do things to the letter and provide all of the information, with as much detail as possible, regardless of what Barclays/your bank tell you until you have all of the money in your account. And always turn up at court as you don't want the judge thinking you're abusing the system too.

 

I was told by Barclays not to worry about sending another copy of my SOC to the person looking after my claim, despite the fact that Barclays claim they haven't seen them in their defence. This was bad advice and I ignored it after some prompting from posters here and sent further copies - Barclays have acknowledged these now but always remember they will try and screw you at any point possible.

 

I know it's easy to relax a little if the bank have contacted you and said they will settle at some point, especially if others are winning daily, but make sure you keep your focus because you don't want to lose out because of a small mistake.

 

Cheers,

 

KA

[saintly_1]

KA ... the items requested are on their way to you

[koalaattack]

Cheers Saintly - which section do I need to highlight and what exactly does it show?! Sorry!

 

Cheers,

 

KA

[saintly_1]

section 5 is about withdrawals and debit interest ..... saying that they will charge us if we go over the agreed amount (this illustrates a breech of contract by us ) dont forget what we are arguing isnt the fact of the charges but the disproprtionatre cost of those charges to the actual cost to B's to process such breeches of contract (think ive put that correctly)... if not im sure that you have got an idea of what i am trying to say ........ Brain a bit frazzled today

[koalaattack]

Cheers Saintly, I understand perfectly - that is actually my view. I wouldn't mind being charged for being in an unauthorised overdraft as long as the charge wasn't unlawful - that's what we're arguing right, that the banks making a profit is unlawful?

 

So the T&Cs help Barclays because it shows that we have breeched the contract, but does it state anywhere that they will only apply reasonable, non-profit making charges as that would be excellent for us all?

 

Cheers,

 

KA

[oneofakind]

As I understand Barclays defence to my claim, they are actually DENYING that I have breached a contract by going overdrawn. This is because, if the od was a breach of contract, they should charge 'liquidated damages', which should be 'a genuine pre-estimate of costs' which of course means they'd have to reveal their costs to justify the damages in court.

 

They claim that they are not charging liquidated damages OR penalties, but because their charges are itemised in the t&c's, they're lawful!

 

[koalaattack]

Hi oneofakind,

 

Thanks for that, I was a little suprised by that!

 

Just a quick question, do you mean "because their charges aren't itemised in the T&Cs, they're unlawful" or is it because they don't make any reference to a charge for using an unauthorised overdraft which means that the £20 - £30 they take isn't a charge and therefore must be a penalty and therefore is unlawful?!

 

Sorry, I've gone a bit Saintly there haven't I?!

 

Edit: I've just had a read through all of section five of the T&Cs and it's all very vague; they mention paying interest and charges but no specifics - does this mean that our whole arguement is based on the fact that a) yes, may be there should be a charge but b) if there is, this should be a fair representation of the true cost to the bank and that any profit made is therefore unlawful as per whichever act states this?

 

I'm sorry to ask so many questions but I want to be as prepared as possible for my hearing just in case they do turn up.

 

Cheers,

 

KA

[Tipsy0nBacardi]

Edit: I've just had a read through all of section five of the T&Cs and it's all very vague; they mention paying interest and charges but no specifics - does this mean that our whole arguement is based on the fact that a) yes, may be there should be a charge but b) if there is, this should be a fair representation of the true cost to the bank and that any profit made is therefore unlawful as per whichever act states this?

 

That is it we are asking them to prove that it really costs them £30 when we go over our limits or they dont pay something out

[oneofakind]

does this mean that our whole arguement is based on the fact that a) yes, may be there should be a charge but b) if there is, this should be a fair representation of the true cost to the bank

got it in one! The way the T&C's, and their defence documents are worded makes it difficult to decipher, but IMHO, Barclays are saying:

'We are not imposing penalty charges

We are not claiming damages

We are merely charging as our T&C's allow us to do

There is no breach of contract!'

[Tipsy0nBacardi]

Barclays are saying:

'We are not imposing penalty charges

We are not claiming damages

We are merely charging as our T&C's allow us to do

There is no breach of contract!'

 

And we are saying

liar liar pants on fire lol

[koalaattack]

We are merely charging as our T&C's allow us to do

There is no breach of contract!'

 

So, with them being so vague in the T&Cs, does this argument not stand up?

 

Surely the argument is:

 

Yes they can charge as we agreed to this in the T&Cs however Consumer Legislation Act xxxx (sorry, I'm not sure of the exact name or ruling!) states that it is unlawful for a bank to make a profit out of charges applied due to usage of an unauthorised overdraft. Barclays Bank employees have already confirmed that it costs between £1.50 - £2 everytime someone uses an unauthorised o/d so therefore the £18 - £28.50 profit they have been making seems to be unlawful. Either show us that it does actually cost you £30 or pay us back our money please.

 

From my understanding and reading around on the subject, that seems to be the general argument, or have I got this wrong?!

 

Cheers,

 

KA.

[oneofakind]

That's the argument, basically. Barclays Terms and conditions, WHATEVER we signed up to, cannot override the principles of established law.

 

[koalaattack]

Excellent. Do you know the name/year of the act that states about the non-profit charges?

[saintly_1]

pnhew glad someone understood roughly what i was trying to say yesterday ....... ;-)

[koalaattack]

Sure did!

 

Just emailed Charlotte to let her know I'll be uncontactable for a couple of weeks; I'm assuming that as I was only trying to be helpful Barclays couldn't claim harrassment?! (strewth, that sounds like I sent some weird email doesn't it?! I didn't I promise!)

 

Cheers,

 

KA

[saintly_1]

charlotte apparently has now left

 

[NAME REMOVED] has left Barclays

 

regards

 

paul

 

 

Advised Sharon Daboul is dealing with my claim

 

 

 

Email sharon.daboul@barclays.co m

 

is also dealing with all of [NAME REMOVED] claims

 

From poisoned Monkey and pt2537

[koalaattack]

Blimey, they're like rats on a sinking ship!

 

That's a shame as Charlotte seemed really nice.

 

I'll email the new person and see what happens!

 

Cheers,

 

KA

[koalaattack]

Hi guys,

 

Just had an email back from Sharon, she's looking after my case so I would suggest anyone else dealing with Charlotte originally should email Sharon in stead.

 

She seems nice enough from the one email I have had (!) but she did manage to get the date of my hearing wrong - I can't imagine may judges work on Sundays!

 

Cheers,

 

KA

[koalaattack]

Right, I'm off on holiday in a couple of hours - two weeks of good booze and sunshine in the South of France (fingers crossed!).

 

Good luck to everyone over the next couple of weeks, those of you just starting; those of you continuing and those of you finishing your claim. When I get back it'll be less than a month to my court date so fingers crossed I may have some good news!

 

Cheers,

 

KA

[saintly_1]

Have a Good Time KA

Bring me back a bottle of wine ;-)

[carter56]

hope you have a brill time and come back refreshed take care have fun

linda x

[koalaattack]

Hi guys,

Got back last night - it was a good holiday but the weather wasn't great (who said driving to the south of France would guarantee two weeks of sun?!), still at least we didn't have the weather you guys have had as I don't think the tent will have survived!

Anyway, it's less than a month until my court date and Charlotte told me to expect something around now. I got home and half excitedly/half knowing they would stall checked the post... nothing. Checked my emails and Sharon had sent me one saying that she had no record of my SOC!!! Brilliant! Apparently Charlotte hadn't left her one and there was nothing in my file - I wonder where the one they received with my original letter; with the letter I sent declining the first offer; with my N1 and with the letter to Charlotte on 12th June went? I wonder if they would lose important documents this often if it meant they couldn't charge us unlawful amounts for being overdrawn? Hmmm…

Sent an email today, all friendly say it wasn't a problem and outlining my claim along with my SOC attached - I've asked her to reply to say she received it and I will also send a copy in the post. I will send a letter to the courts outlining what I have sent (as I did last time) and I think I will include a sentence about how they are claiming they have no record of my SOC despite me having confirmation Charlotte received it all on 13th June – it’s a clear stalling tactic and I’m not sure the judge will like it.

Anyway, I should hear something soon - fingers crossed.

Hope you're all well and not too wet.

Cheers,

KA

[slick132]

Welcome back KA.

 

You've just got to keep shuffling along that queue till, later this month, you'll get to the front, collect your envelope and celebrate. We're with you till then. All the best.

 

Slick