Help! What Do I Do Now

susietom

I am reclaiming bank charges from Barclays Bank in the amount of £3,500. I have started court proceedings through Moneyclaim and Barclays have waited until the very last day to notify that they are Defending the claim!
What do I do now! Will I have to go to court? If they make an offer out of court, should I accept that or hold out for the full amount.
Any suggestions - I would be soooo grateful.:p

Twinkly

susietom wrote: »

I am reclaiming bank charges from Barclays Bank in the amount of £3,500. I have started court proceedings through Moneyclaim and Barclays have waited until the very last day to notify that they are Defending the claim!
What do I do now! Will I have to go to court? If they make an offer out of court, should I accept that or hold out for the full amount.
Any suggestions - I would be soooo grateful.:p

If they make an offer out of court it is worth holding out for the full amount & interest & costs as since you are at court stage this is what you are entitled to now if the court finds judgement in your favour. It is unlikely it wont. Barclays have settled lots of claims and this is a post regarding one womans day in court with her claim against Barclays. It will reassure you

Top thanks to OP showmethemoney! for her post.
http://forums.moneysavingexpert.com/showthread.html?t=393532

susietom

Thanks for the re-assuring post! I have now received A Notice of Transfer of Proceedings to County Court and the Defence is as expected re. unauthorised borrowing etc.

The really worrying part (and if there is any legal advice out there, please help me!) is:

"The Defendent (Barclays) denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the Defendent, those charges which were applied to the account prior to 15th March 2001 are recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action."

I claimed for six years of charges but didn't realise it had to be from the date I filed to the court! So some of the charges are from before the 15th March 2001 (in fact from Jan 2001).

The next paragraph stated:
"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 authorised overdraft. Accordingly, in the event that the Defendant is unable to rely on it's express entitlement to enforce the charges as set out at paragraphs 3 to 4 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."

Sorry this is so long but I really don't know what to do now!! If I have unknowingly claimed for some charges before the six years does that make the whole claim invalid! Should I drop the whole thing!

Anyone with legal knowledge and advice - please help!

ripski

I have done similar - calculated charges from feb 2001 when I initially started this but my claim has been issued on 20/04/07
Do I now have to redo it all to be accurate?
Q Some have referred to 'doing my spreadsheet' in relation to the evidence /bundle being presented Is this another word for the calculator I don't think I could face or know how to compile a speadsheet.