need help with small claims form (Barclays)

[fandango]

Hi there - I'm in scotland, been trying to get it together to fill out small claims form re overdraft charges against Barclays, and am anxious I do it as effectively as possible. Can you advise the best place to ask specific advice on this?
Thanks

[fandango]

need help with small claims form (Barclays)

Hi - am new here, and could do with some guidance on the best way to fill out my small claims form against Barclays re bank charges.
I'm in scotland, and aware of 2 test cases where judges have said the hold on cases is not applicable, being applied by a foreign (english) court (from moneysavingexpert site). Also have been advised that I'd probably fall into the financial hardship category by the FOS (phonecall) due to husband being largely on benefits including guarantee credit (which is a court fees exemption category) and being on a debt man. plan with CCCS.
These 2 factors I understand give good reason to expect (hope?) to have a court case hold lifted; after being put off for a year by Barclays ref reclaiming, I informed them of above ie. felt I stood a good chance of being heard in court, and would take them there if no settlement (as were very snotty when I used the hardship card with them, saying "no chance" to a refund, implying it was a scam....!) Silence since so am doing that now.

Q's:

• Is there guidance available on the best wording to use in the claim form? (any examples written up?)
• should I put in about "hardship" or save that for later? (and ditto about the lifting of case holds re scottish test cases) - don't want to miss out on using useful info, but also don't want to shoot myself in the foot (as am very good at doing that....)
• Have read somewhere that if bank account opened before a certain year (?) then can't claim (think this was to do with unfair terms aspect but have lost the ref. - as mine was first opened in '85, although have left and come back since but can't remember when.....?!!) - can anyone comment?
• what is the legal basis for telling the bank they can't keep charging me since my account is in dispute?

Any guidance etc. would be very appreciated....

[Budgie]

Re: need help with small claims form (Barclays)

Hi Fandango,

Have a look and a read in the following forum

http://www.legalbeagles.info/forums/...splay.php?f=89
You might need to change the display options to view some of the older posts in that forum.

It's all about claiming on Scotland.

It should help you get started with completing and filing your court claim.

Have a go at drafting something within your POC regarding your reluctance to have the claim sisted and the hardship angle and post up a draft on this thread when you are ready. We can all then help to add some finishing touches to things for you.

Shout if you need any help in the meantime.

Best Regards Budgie

[fandango]

need help with small claims form (Barclays)

Hi - started a thread yesterday in the OFT forum instead of this one (don't ask why...) - had a few specific queries including being in scotland - please look if you might be able to help/whatever - have been advised to post a draft of particulars of the claim so shall do so here (I think....)

[Paule]

Re: need help with small claims form (Barclays)

Hi Fandango
I will go and grab your other posts and bring them all here
Then it will be easier to help you

PKea

[fandango]

Re: need help with small claims form (Barclays)

Hi again - here goes with draft of claims details (sorry, is rather alot...)


"The details of the claim are:
The Pursuer, XXXX, has held a bank account with the defendant since XXXX, the account number being XXXX. The Defender deducted from the account various amounts of money in penalty charges during the period XXXX. These were in respect of “paid referral fees”, levied because the specific overdraft limit had been exceeded.
The Pursuer contends that these charges were legally unenforceable and therefore is demanding repayment of them. The Defender has refused full payment of these monies due (copies of correspondence can be provided).
No admissions are made by the Pursuer as to the incorporation of any term into the contract between the Pursuer and the Defender purporting to entitle the Defender to levy penalty charges. If the Defender is able to establish that the contract did contain these terms, the Pursuer will contend that these charges are unenforceable by law, being penalty charges desiqned to penalise the Pursuer for breach of conduct and generate profit for the defendant for the actual loss occurring to the Defender rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the Defender as a result of the breach.
The contractual provisions that permit the Defender to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contract Regulations (1999), the Unfair Contract Terms Act (1977) and at common law. Alternatively, if the charges are a fee for service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.
The Pursuer claims from the Defender a) return of the amounts debited of £730; b) interest (per S.69 County Courts Act 1984 at 8% a year) of £ 150.55 continuing at 8% until judgment or settlement at a daily rate of £0.16.
A list of the charges applied and calculations is attached to these particulars of claim.
The Defender has a branch in XXXX therefore it is under the jurisdiction of this court.
The defendant asks that this court takes the following into consideration with reference to the present Financial Services Authority’s waiver on banks and the Financial Ombudsman in dealing with customer complaints regarding reclaiming of bank charges:
1. In two test cases (Inverness; Sept. 2007) Coleman vs. Clydesdale Bank and Thomson vs. Bank of Scotland, the judge rejected the banks’ sists on the ground that a Scottish court could not be bound by a test case being pursued by the Office of Fair Trading in England which has frozen customer cases there. 5 cases in Edinburgh have also been allowed on the same grounds.
2. I am requesting my case also be considered on grounds of financial hardship and as such any sist should be waived. This is on the basis of my husband being in receipt of disability benefit, myself of carer’s allowance, (and including qualifying for court fee exemption due to receipt of guarantee credit); that, being unable to continue to meet essential living requirements, due to cost of living and credit interest rate rises, we have sought the services of the Consumer Credit Counselling Service and have a Debt Management Plan in place. Full details of our financial circumstances can be supplied."

The last bit I'm not so sure about; also should I include income/expenditure details as per CCCS to back this up? Or best to keep briefer at this stage?

Many thanks xxx

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ps. haven't been getting email notification of posting replies ie. only finding them on the forums - do you usually have the email link?

[Paule]

Re: need help with small claims form (Barclays)

ps. haven't been getting email notification of posting replies ie. only finding them on the forums - do you usually have the email link?

Go to 'USER CP'

then click 'View Sunscrbied threads'
next to the thread you want email notification off, check the box to the right
at the bottom of the page is a drop down box, click that and select the email notification you would like.
then click go (to the right of this box)

Hope that helps that point

You can also change your preferences so that all threads you post on will have email notification
In User CP, on the left boxes, click 'edit options' then in 'Messaging & Notification' and the section 'Messaging & Notification' change the drop down box to your preference

Hope this Helps

PKea

[fandango]

Re: need help with small claims form (Barclays)

thanks have sorted that out now I think -
was hoping to have some feedback ref my court claim draft as was planning to take it in tomorrow - what does anyone think?
and does anyone know where the legal stipulation ref. a court having to lift a hold on a case due to hardship? as I spent hours looking and could find no reference?