Barclays Bank (merged)

chestnuts

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

I am claiming on behalf of my husband (£1600) and Barclays have given the same defence. We have a court date in August, and I am collecting documentation together to send in as our evidence 'bundle'. I have obviously got copies of all letters sent and statements etc., but has anyone got any tips on what would be recognised in court as good evidence please? There does not seem to be any advice from anyone who has actually been to court yet.

andrewash316_2

hi, i am in the process of taking barclays to court, and my judgment day is tuesday 22nd may 3 days away, today i received a letter offering 1120 when i am claiming 1847, do i except this amount and go to court for the rest of the amount orgo the hole way and leave it till tuesday when i will be awarded the hole amount by the courts anyway any help please

MartialArtMan

MCOL site tells me that Barclays have put in a defence and has been transferred to my local court. Will my next correspondance be from the local court? If so how long does this take?

pikeygirl

Hi Everyone,

Need a bit of advice, have recieved the following letter from Barclays (most of you have probably had it already), and not too sure whether to give them 4 weeks then treaten court action, threaten court action now or possibly wait the full 8 weeks and see what they ahve to say for themselves, I honestly can't afford the £120.00 court cost as the moment, and i'm stuck! Help!

Letter reads as follows:

Dear Me,

Thank you for your letter recieved at this office on 15th May.

I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible.

May I take this oppertunity to expalin that whilst we will endeavour to respond to you within the timescale outlined in your letter, we cannot guarantee that we will do so. Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or an update on our progress will be sent toy you within eight weeks.

Please refer to the enclosed leaflet which porvides you with a more details explanation on how we will deal with this matter.

Yours Sincerely

Neil Sayers
Customer Relations Advisor

MartialArtMan

I gave them just over 4 weeks at this stage and this is when I received my first offer which I refused. For the amount of extra time its taken in all honesty I wish I had just accepted that offer....

Actually thinking about it I don't think I even had to wait 4 weeks but that was a couple of months ago now.

johncolin78

alphahurricane wrote: »

I have received from the County courts a 2nd letter of "Notice that Acknowledgement of Service Has Been Filed"

Letter says "Defendant responded to the claim indicating an intention to defend all of the claim" (£2176).

The Bank have also given a new address for service of documents:

Barclays Legal: Litigation & Disputes
Level 29
1 Churchill Place
London
E14 5HP




I have NEVER been offered any money, is this because I closed the account 3 years ago:question:

Has anybody else had the same treatment:question:

thanks

Please someone cen you answer me i'm scared that i'm going to lose!

Probably, all my other cases came back pretty easily apart from a Natwest Credit Card account which I closed three years ago which they are hardballing. Read the CAG website for court tips, v good. Also don't give up.

swimmingintoffee

Hi,
Am having problems with Barclays, trying to obtain statements. After exceeding the 40 days, then calling them and following up with a letter. They responded on the phone saying the printers were out of toner!!:rolleyes: And I could apply again , another 40 days? They responded to the letter, saying sorry blah blah, too many requests to cope with, go to the ombudsman if not happy. We then complained to the commission re the dpa, and the ombudsman. Phoned again to inform them of such, to which we were told, we don't care what you do, we will take as long as we take. Think of a figure and submit it and we'll make you an offer?
We don't have a figure without the statements. But have submitted a letter, requesting all charges to be returned to us over the past 6 years. Now await. Has anyone else had this problem, or can think of a solution? Thanks in advance.

deb54

I'm filling in mcol forms at this very moment if anyone has anything to warm me about before i send it please send me message . wish me luck iI'm terrified!
Deb

lozzer1701

lozzer1701 wrote: »

should i be a pest, too and email them every day (it would be impossible for me to go to the branch!!), or should i just send them the 1 message, saying that i want the info i've requested within 7 days or i go to the information comissioner (and actually do that)? they've already had well over their 40 days, and i'm no no mood to work to their timetable!!:mad:

well, after saying that- i got home that afternoon and found the statements on my doorstep!! :j i've spent this afternoon sorting through them, and have worked out that without interest the charges amount to £1705, with- £2076.44. i'm going for a claim with interest. now on to the next letter.. i'll definitely be sending it recorded!! i'll let you know how it all goes...:)

johncolin78

deb54 wrote: »

I'm filling in mcol forms at this very moment if anyone has anything to warm me about before i send it please send me message . wish me luck iI'm terrified!
Deb

At the risk of sounding cocky, don't worry about it it's a breeze. Remember, you are in the right!