Barclaycard

mum2one

Tao_Wild wrote: »

Anyone?

Hi

Dont 4get to take into account the 4 days of postal strikes, and all the backlog, it took 10 days to get a postcard from Devon to Shropshire.

if you havent heard anything say be fri, check your barclaycard balance and see if any money has been credited, if no give them a ring, dont go through the number on the back of your statement, as penny to a pound, ur end up in an Indian call centre, ring the last person who you had a letter from, ask for them by name, if there not available, quoite your ref no and expkain and c where it goes from there.

Good luck x

Angry_Gazza

Bit of advice needed please....

Had 2 barclaycards, started 2 claims....1 for £1,100+ and 1 for £284.

Got the initial response of a part offer (although they credited the account THEN informed me of the offer)....this equated to £300 and £80.

Long and short of it, I have now got an m-col for £700+ and the other card was at the "FINAL" chance before court stage, then lo and behold arrived home today and have a letter offering the full amount of the BALANCE of charges owing on the 2nd card.... £204....all that i wanted = my money back!!!!!!

Now why is it, they thay have settled 'card 2' totally without much of a fight, but the other has BEEN DEFENDED in court?

Do you think it may be down to the "NEWS" about the clarification?


thanks for any hlp.

GAZ.

techspec

From the cases i have handled so far, they seem to have a limit where they pay out without a fight (below £500).

Once filed with MCOL, they do seem to dig their heels in a bit. I would advise anyone to try a few more letters before going the court route, where it may be stayed.

foxwales

Barclaycard have been reluctant to give me my money back, so I started court proceedings against them. This is the defence they have filed against my claim:

1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right

2. The particulars of claim are summary and do not provide details of the account held with the defenant. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

3. To the extent it is alleged that the claimant incurred charges on the claimant's account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), the defendant puts the claimant to strict proof of each charge and the date thereof.

4. The defendant's standard temrs and conditions ("Terms"), which the claimant accepted upon opening the account, entitle the defendent to debit charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date).

5. It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date.

6. The terms gave the claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the defendant would be entitled to debit the charges from the claimant's account.

7. If, and to the extent it is the claimant's case that, the failure to make monthly payments and / or failure to remain within the agreed credit limit constituted a breach of teh Terms, and that the contractual entitlement to debit the charges from the claimants account constitutes a liquidated damages clause, the same is denied.

The charges applied to the claimants account were payments that the claimant agreed to make upon the events described above by reason of the terms. Accordingly, it is denied that the charges or any such charges constitute unfair and / or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the charges, as alleged by the claimant, or at all, and / or that the charges are otherwise unenforceable.

8. 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 (or indeed any other provision).

9. Further or alternatively, without prejudice to the matters pleaded above, if the claimants failure to make sufficient account payments by the required date and / or to remain within pre-agreed credit limits constituted a breach of the terms, the defendant avers that the charges were nonetheless valid and enforceable.

10. It is further denied that the charges were unlawfully debited from the claimants account. 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.

11. Accordingly, it is averred that the charges are legally enforceable and the defendant was entitled to debit the charges from the claimants account.

12. The defendant denies that it is liable to the claimant for the sums claimed and interest, as pleaded or at all.

13. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges 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 nonetheless suffered loss and damage as a consequence of such breach of contract by failing to make monthly payments and / or failing to remain within the agreed credit limit. 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 any liability owed hereunder to the claimant.
Barclays Bank PLC.


SO thats what I got as their defence, is this a generic standard cut and paste response.

How can I address this in court?

techspec

Kate Ashton Legal Clerk
[FONT=&quot]Tel: 0207 116 4664[/FONT]
[FONT=&quot]Fax: [/FONT]01452 638430
[FONT=&quot]E-mail: [FONT=&quot]katherine.ashton@barclays .com[/FONT][/FONT]


This is the only one i have seen.

Tao_Wild

mum2one wrote: »

if you havent heard anything say be fri, check your barclaycard balance and see if any money has been credited, if no give them a ring, dont go through the number on the back of your statement, as penny to a pound, ur end up in an Indian call centre, ring the last person who you had a letter from, ask for them by name, if there not available, quoite your ref no and expkain and c where it goes from there.

Good luck x

Thanks, I haven't had a Barclay card account for 3 years but included my bank details. I sent it recorded delivery so will keep an eye on checking that. I will call them once I know they have received it. Thanks for your reply.

foxwales

Anyone able to offer some insight into this?

BrandNewDay

It sounds like they're looking to defend their practice as legal.

"4. The defendant's standard temrs and conditions ("Terms"), which the claimant accepted upon opening the account, entitle the defendent to debit charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date)."

They want a court to find in their favour so that they can continue these business practices. It's perfectly legal in the US, so it's not really a matter of "that's totally unethical and they shouldn't do that!" but more a matter of what the law says they may do.

Tao_Wild

Got home yesterday and I had a statement from Barclaycard which was posted last week. The partial credit of £227 had been put back on my old card, which I cancelled 3 years ago. Rang them up, they took my bank details and said the credit would be in my bank account in 3 days.

steve157

I'm just wondering if anyone can help.

I'm in the middle of a claim against Barclaycard and it's gone to my local court. I've just had a letter from the court asking me to fill in the allocation questionaire. There is a part on the form that says other information and i was wondering if this would be a good place to point out to the court that this is a credit card case and not bank charges as Barclaycard seem to being getting cases stayed. Any advice would be appreciated and if anyone has an idea of how to word it that would be helpfull to as i'm not great at puting things like this on to paper.

Thanks.

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