Barclays Bank (merged)

tosca5

Is there an address on the letter that you could send it to?

jt2k6

there is a customer relations address , but not sure if i should send it to them,

was hoping someone else may have got the same letter and know what the address was

Many Thanks

wizardrenlim

Hi Guys,
So I put Barclays in the court via money claim. I have received t day a notice that my claim has been moved to my local court and a copy of their defence.
I need to action something shortly I am sure. Can anyone help. Possibly by emailing me direct with advice. I think I need it quite quickly. I am not sure what to do next.

This is their defence
Defence
1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant’s account for unauthorized borrowings, (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
2. The Particulars of Claim are summary in nature. Accordingly this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. The Defendant is entitled to charge the Claimant for unauthorized borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions which are summarized)
a. The Defendant’s right to charge a “Paid Referral Fee” where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item
( previously £25).
b. The Defendant’ right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item(previously £30).
c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.
4. The Defendant’s standard terms and conditions give the Claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings ( including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit).
5. If and to the extent it is the Claimant’s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant’s account constitutes a liquid damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.
6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999
7. Therefore it is denied that the charges were unlawfully debit from the account.
8. If and to the extent the Claimant incurred charge on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payment to bring the balance of the account back into credit.
9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.
10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.
11. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover t the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. Barclays Bank PLC

Kind regards
Wiz

alphahurricane

wizardrenlim wrote: »

Hi Guys,
So I put Barclays in the court via money claim. I have received t day a notice that my claim has been moved to my local court and a copy of their defence.
I need to action something shortly I am sure. Can anyone help. Possibly by emailing me direct with advice. I think I need it quite quickly. I am not sure what to do next.

This is their defence
Defence
1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant’s account for unauthorized borrowings, (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
2. The Particulars of Claim are summary in nature. Accordingly this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. The Defendant is entitled to charge the Claimant for unauthorized borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions which are summarized)
a. The Defendant’s right to charge a “Paid Referral Fee” where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item
( previously £25).
b. The Defendant’ right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item(previously £30).
c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.
4. The Defendant’s standard terms and conditions give the Claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings ( including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit).
5. If and to the extent it is the Claimant’s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant’s account constitutes a liquid damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.
6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999
7. Therefore it is denied that the charges were unlawfully debit from the account.
8. If and to the extent the Claimant incurred charge on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payment to bring the balance of the account back into credit.
9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.
10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.
11. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover t the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. Barclays Bank PLC

Kind regards
Wiz

'


DON'T PANIC:huh:

My advice would be to ring up your local County Court and speak to customer services, you should have recieved a 'Notice of Issue' from your local C. Court with a claim number on the right hand side of letter. This will also have details of the Local County Court and their address and Tel number. Get onto them first thing tomorrow morning and they will advise you what to do next.

The Banks defence seems to be saying that you have not given them any information i.e. your account number, sort code, penalty charges and dates these were incurred, which I am sure you have already got to hand, If it is the same as mine, i have not sent the court details of the claim yet, they haven't asked for that yet, however, if you get a date from the courts for a hearing, I beleive that is when you will need all the documents and corrospondance between you and the bank.

AND REMEMBER; This defence is written in legal language, it may be frightening to you and me, but to the legal beagles, it is what they would expect from a professional body.

I shall look forward to your reply

Good Luck:cool:

alphahurricane

chipbeck wrote: »

I'm currently trying to get my charges back off Barclays and they told me in January to send back my card and cheque book. Which I did..................................................................................................................................................................
they sent me a new one yesterday.

Have you recieved anything else though?

cool_beans_3

When I send the letter do I need to send copy of statements too to back it up or will the letter be ok on its own?

alphahurricane

How far along the track are you? to which letter are you referring to?

amarotua

i am at the court stage with Barclays the have filed a defence to my claim and the case has now been refer to my local county court
i am after some advice as to where i go now i used all the standard letters and templates from martins web site

BELOW IS THE STATEMENT OF DEFENCE FILE BY BARCLAYS ANY ADVICE WOULD BE GREATFULLY WELCOME

Defence points are numbered 1 to 11

point 1 the particulars of claim do not provide details or particulars of the account in question or the precise charges alleged to have been unlawful or the date thereof.
to the extent it is alleged that the claimant incurred bank charges on the claimants account for unauthorised borrowings(whether unpaid fees for returned cheques "paid referral fees or any other such fees ) the defendant puts the claimant to strict proof of each charge and the date thereof

point 2
the particulars of the claim are summary in nature . accordingly this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course

point 3
the defendant is intitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions . the claimant accepted the same when the account was opened including (in particular but without limitation)the following terms and conditions {which are summarised }

3a
the defendants right to charge a "paid referral fee"where the defendant pays an amount {either by compulsion or election) which causes the account to become overdrawn -£30 per item (previously £25)

3B the defendants right to charge an administrative fee if any cheque standing order or direct debit cannot be paid because of insufficient cleared funds in the account -£35 per item (previously £30)

3c the defendants entitlement ,if the claimant becomes overdrawn with out an overdraft limit ,to charge interest at the unauthorised borrowing rate on the excess balance

4 the defendants standard terms and conditions give the claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings (including where the account is overdrawn without an over draft limit or where the claimant exceeds the authorised over draft limit

5 if and to the extent it is the claimants case that the failure to make necessary payments and /failure to remain within authorised over draft limits and /or failure to arrange an authorised overdraft constituted a breech of terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damages clause /the same is denied
the charges constitute payments the claimant agreed to make by reason of the terms and conditions of the account and were consideration for the defendant advancing credit to the claimant which the defendant was under no obligation to advance .
the defendant was entitled to impose such charges and interest when the claimant incurred the overdraft

6 accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above . further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breech of the unfair terms in consumer contracts regulations 1999 (particularly but with out limitation to paragraph 1 (e) of schedule 2
7 therefore it is denied that the charges were unlawfully debited from the account
8 if and to the extent the claimant incurred charges on the account this was caused by the claiment having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility and /or the failure to make payments to bring the balance of the account back into credit


9
it is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same

10 the defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all

11 in alternative and with out prejudice to matters stated above if (which is denied )the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all ,and the charges were a consequence of the breech of contract by the claimant, the defence has nonetheless suffered loss and damage as a consequence of such breech of contract in allowing the account to go into unauthorised overdraft . Accordingly in the `event that the defendant is unable to rely on its express entitlement to enforce the charges as set out above it will seek to recover to the extent necessary such loss and damage as it actually suffered which will not necessarily be limited to the value of the said charges , and the defendant seeks to set off such sums `against liability owed hereunder to the claimant
Barclays bank PLC

geminitracie

:mad:

wizardrenlim wrote: »

Hi Guys,
So I put Barclays in the court via money claim. I have received t day a notice that my claim has been moved to my local court and a copy of their defence.
I need to action something shortly I am sure. Can anyone help. Possibly by emailing me direct with advice. I think I need it quite quickly. I am not sure what to do next.

This is their defence
Defence
1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant’s account for unauthorized borrowings, (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
2. The Particulars of Claim are summary in nature. Accordingly this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. The Defendant is entitled to charge the Claimant for unauthorized borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions which are summarized)
a. The Defendant’s right to charge a “Paid Referral Fee” where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item
( previously £25).
b. The Defendant’ right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item(previously £30).
c. The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.
4. The Defendant’s standard terms and conditions give the Claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings ( including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit).
5. If and to the extent it is the Claimant’s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant’s account constitutes a liquid damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.
6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999
7. Therefore it is denied that the charges were unlawfully debit from the account.
8. If and to the extent the Claimant incurred charge on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payment to bring the balance of the account back into credit.
9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.
10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.
11. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover t the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. Barclays Bank PLC

Kind regards
Wiz

hi, ive got exactly the same defence from barclays, word for word ! looks like its probably standard , a bit scarey but ive gone too far to back down, im doing this for my son and barclays are being very difficult, received a nasty letter today demanding his £400 overdraft ,cards and cheque book back . He hasnt used these since february as he has another account hes opened and weve been fighting the £400 as there made up of charges, were claiming for just over £1000.

Dizzle_2

Firstly I would like to thanks Martin and the MSE.com team for the incredibly helpful advice-I don't beleive I would have gone about this the right way without the help from the website.

I added up £935.00 charges plus interest totalling £1029.00 that Barclays owe me, and sent them the letter. After a few weeks they have offered me £700.00 as a 'goodwill gesture' and sent a form to agree 'in full and final settlement' etc. and stated they will pay it into my account - only they have pulled my overdraft and account. So - do I let them wipe out the deficit or can I demand that they pay me via cheque/or into my other account at another bank, and offer to pay them off gradually? Or-do I hold out for a better offer and threaten them further with legal action?

Any help and advice would be much appreciated..thank you.