Barclays chasing money I owe them but they still owe me

ch750536

Whilst living in the UK I had a student overdraft of £1600. I moved to Ireland in 2006 and made a claim for unfair charges to the value of £1400.

The claim is in the 'on hold' section for now....

Anyway, I am due in court next week for the full £1600 that barclays say I owe them. Any advice on how to proceed?

I have written to the debt collectors taking me to court and they have not responded.

Orford

Anyway, I am due in court next week

NI or Eire?

Did you counterclaim for the £1400?

Can you post up their Particulars of Claim and your defence

ch750536

Orford wrote: »

NI or Eire?

Did you counterclaim for the £1400?

Can you post up their Particulars of Claim and your defence

Eire

"civil summons
for a debt or liquidated money demand

between:
Waterloo finance limited
35 barrow street, Dublin
& me

The plaintiff's claim is to recover against the defendent the sum of €2164.28 being the balance of monies due, blah blah blah."

I have not issued a counterclaim as in effect this court case is a counter claim on my original claim surely?

Anyway, thanks in advance for any help.

Orford

Unfortunately I have no idea whether the court system in Eire is the same or similar to England & Wales.

When did you file the original claim and was this in UK or Eire?

Is the court claim from Waterloo the first communication from them?

Are Waterloo listed as claimant?

If they are the claimant, it implies thay have bought the debt from Barclays, who should not have sold it on whilst it was subject to your original court claim. And Barclays should have sent you a Notice of Assignment.

What did you file as a defence?

Orford

I understand small claims limit in Eire is €2000, so what level of court is this?

ch750536

Orford wrote: »

When did you file the original claim and was this in UK or Eire?

From Ireland, 2006 using small claims online UK.

Orford wrote: »

Is the court claim from Waterloo the first communication from them?

Yes

Orford wrote: »

Are Waterloo listed as claimant?

Assignees of the Plaintiff

Orford wrote: »

What did you file as a defence?

Nothing, simply stated I will be defending, all you have to do in Ireland.

ch750536

Orford wrote: »

I understand small claims limit in Eire is €2000, so what level of court is this?

District Court

Orford

As I said I'm winging it here but I would think the principles are the same.

Originally Posted by Orford
When did you file the original claim and was this in UK or Eire?

From Ireland, 2006 using small claims online UK. Didn't know you could do that, I thought you had to have an address in England and Wales. Anyway it means your claim predates theirs by a mile and since their claim is is essentially the same in order to acheive the overriding objective to deal with cases justly, their claim should be struck out.

Originally Posted by Orford
Is the court claim from Waterloo the first communication from them?

Yes They should have made some attempt to contact you rather than just go straight to court

I have written to the debt collectors taking me to court and they have not responded.

Shows they have made no effort to avoid litigation

Originally Posted by Orford
Are Waterloo listed as claimant?

Assignees of the Plaintiff Where is their Notice of Assignment This should have been sent to you

Originally Posted by Orford
What did you file as a defence?

Nothing, simply stated I will be defending, all you have to do in Ireland.
Blimey!

natweststaffmember

http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland
This is my contribution to you which is about consumer protection laws in Ireland. I hope it is up to date.

Orford

[Power to strike out with costs claims in excess of jurisdiction]
*8. Where civil proceedings are brought in the Court which the Court has no jurisdiction to hear and determine, the Court shall, as soon as such want of jurisdiction becomes apparent, order such proceedings to be struck out and may, if it so thinks proper, make an order awarding to the defendant such costs as the Court could have awarded if it had jurisdiction to try and determine such proceedings and either the plaintiff did not appear or appeared and failed to prove his or her claim.

http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/f2b520d8ceb5332880256d2b0046a093?OpenDocument

Since the case is already subject to a court claim in another jurisdiction, these proceedings should be struck out and costs awarded to the defendant

ch750536

Orford wrote: »

Didn't know you could do that, I thought you had to have an address in England and Wales

I uses my fathers address for the claim in the UK, this is fine, I called the courts to confirm this.