Started taking on Barclaycard - Page 2

hannanshah · 27th June 2006, 12:55

So it looks like the stubborn Barclaycard are taking me to court over £40 (or simply trying to scare me off - no chance!). Just got a 'Notice of Transfer of Proceedings' with Barclaycard's defence and the court questionnaire.

What is the additional fee I have to pay when I send in the questionnaire?

Also in the additional information section should I add any further information such as dates of charges, interest calculations and the OFT ruling?

Here is Barclaycard's defence in full: (They call me HER. I am a man for goodness sake! Also some silly mistakes in the English. Does this mean they have f'd up or will they be regarded as irrelevant mistakes?)

Quote:

1. It is admitted that the Claimant has an account, number xxx. To the extent it is alleged that the Claimant incurred charges on her account for unauthrorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the ?Charges?)), it is admitted that such charges were debited from the Claimant?s account; however, the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Defendant?s standard terms and conditions (?Terms?), which the Claimant accepted upon opening the account, entitles the Defendant 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).

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

4. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out in paragraphs 2 and 3 above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant?s account.

5. If, and to the extent it is the Claimant?s case that the failure to make monthly payments and / or her failure to remain within the agreed credit limit, constituted a breach of the Terms, and that contractual entitlement to debit the Charges from the Claimant?s account constitutes a liquidated damages clause, the same is denied. The Charges applied to the Claimant?s account were payments that the Claimant agreed to make upon the events described at paragraph 2 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.

6. Further or alternatively it is denied that and such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, or are in breach the Unfair (Contract) Terms Act 1977 (or any other provision).

7. Further or alternatively, without prejudice to the matters pleaded by paragraph 4 above, if the Claimant?s failure to make sufficient account payments by the required date and / or to remain withinpre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were unlawfully debited from the Claimant?s account.

8. It is further denied that the Charges were unlawfully debited from the Claimant?s account.

9. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant?s account.

10. The Defendant denies that it is liable to the Claimant for the sum claimed or at all.

hannanshah · 28th June 2006, 00:41

Come on guys it would be nice to receive some advice for once.
EDIT: That was tongue in cheek!!!!!

What fee shall I send?
Does Barclaycard referring to me as the wrong sex affect their defence?
In the additional information I guess I mention the details of the charges, interest calculations, OFT ruling, refusal to provide manual intervention details. Anything else?

And can anyone please look at their defence and tell me what is wrong/what I should counteract?

barracad · 28th June 2006, 00:49

Quote:

Originally Posted by hannanshah

Come on guys it would be nice to receive some advice for once.

Patience is a virtue.

There are over 38,000 members on this forum - it is impossible for everybody to receive an immediate response to their query. Especially when it gets to the more complex stages of a defence being filed etc.

Apart from that you don't make it clear what advice you are looking for - you ask 2 questions and the answers are as follows:

1) There is no fee to pay
2) There is a guide available to advise how to fill in the AQ.

The answers to both of these questions are readily available on this site - perhaps that's why nobody answered your question.

hannanshah · 28th June 2006, 00:51

Quote:

Originally Posted by barracad

Patience is a virtue.

There are over 38,000 members on this forum - it is impossible for everybody to receive an immediate response to their query. Especially when it gets to the more complex stages of a defence being filed etc.

Apart from that you don't make it clear what advice you are looking for - you ask 2 questions and the answers are as follows:

1) There is no fee to pay
2) There is a guide available to advise how to fill in the AQ.

The answers to both of these questions are readily available on this site - perhaps that's why nobody answered your question.

Sorry I pressed post before adding my questions. By the way my quote was tongue in cheek rather than annoyance!

Edit: I looked at the fee issue on HM courts website but there were so many different types of fees it doesn't hurt to confirm rather than risk blowing the case. Just found the AQ guide in the templates library which is separate from the BankActionGroup forum (which is why I couldn't find the info in the FAQ section in the first place).

hannanshah · 28th June 2006, 01:09

I'm assuming I will be mentioning details as well as any evidence to support my claim in the Other Information box of the questionnaire.

I'll obviously be mentioning details of my charges, OFT ruling, interpretations of the law. Can anyone help me put together some specific points?

OFT ruling: I'm assuming I mention the £12 recommendation as well as the implication that all previous charges are therefore deemed unfair by the OFT. Barclaycard has also reduced its charges to £12 following the OFT recommendations.

Penalty charges are excessive and a means to make profit as the system tends to be automated and the cost to the bank is minimal. That the process operates many thousands of times each day and millions each year so that the cost of it is spread over a huge number of transactions and shared equally between them.

The bank has also failed to justify its charges by failing to provide details of manual intervention when the charges were applied.

FAQ case guidance notes mention useful documents such as minutes of select committees and useful documents as well where for example the bank has argued that the charges do only allow then to recover their losses. Any particular recommendations?

Any particular points to help with my arguments of Barclays ignoring the Consumer Contracts Regulations 1999 and the Unfair (Contract) Terms Act 1977?

barracad · 28th June 2006, 01:11

Other inormation is for information to help with case management only - e.g. will there be a lot of paperwork for the judge to look at - do you have any special requirements e.g. wheelchair access. That kind of thing.

It's not to be used for details regarding the case e.g. evidence you will be referring to etc - that comes at a later date.

There is a guide to completing the AQ in the bank templates library on this site.

hannanshah · 28th June 2006, 01:14

I've looked at the AQ guide. So your suggestion is to avoid any mention of specific case details for the moment and just tick the right boxes for now? I'm assuming that all the evidence will therefore be presented at any future court appearance (if Barclaycard actually go that far!).

barracad · 28th June 2006, 01:16

Correct - the AQ is purely for case management purposes.

give_me_it_back · 18th July 2006, 11:06

Hi - any update on this yet..?

hannanshah · 18th July 2006, 21:47

Quote:

Originally Posted by give_me_it_back

Hi - any update on this yet..?

No. I sent back the AQ 2 weeks ago but I have heard nothing since.

hannanshah · 16th August 2006, 23:05

Is this supposed to take this long. It's been six weeks since I posted the AQ but I've heard nothing from the court. What should I do now?

give_me_it_back · 17th August 2006, 20:29

Sorry - it's different in Scotland (where I am), so I am not sure about AQ's and stuff...

Can you not just call the court and ask?

hannanshah · 18th August 2006, 14:41

Just phoned the court and I was told that the judge 'stayed' the claim on August 3rd. I don't really understand any of this but I made it clear to them on the phone that I hadn't received any communication since I posted back the allocation questionnaire. I was told I'd be sent a copy of the order and if I had any issues I should write back. Can anyone explain what's going on?

Karnevil · 18th August 2006, 18:01

Hi

Basically the judge has ordered your claim to be stayed (or put on hold), probably until the outcome of a similar case is known - probably within the same court.

If you post the wording of the order when you get it we will be able to see.

Once you get this there is a letter written by Bankfodder with regards the Elliot V Lloyds case, which caused some claims to be stayed also, and you can adapt this letter to your own case to request the judge cancels the stay order.

I'll have a look for it and post you a link.

Karnevil · 18th August 2006, 18:32

here you go http://www.consumeractiongroup.co.uk...oval-stay.html

Wait until you get the order from the courts, and post it on here - but it doesnt hurt to be prepared.

hannanshah · 18th August 2006, 19:47

Thanks for the help karnevil.

hannanshah · 21st August 2006, 14:44

I got the copy of the order I requested today.

===============

Before DISTRICT JUDGE BEATTIE sitting at Bow County Court, 96 Romford Road, Stratford, London, E15 4EG.

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. This claim is stayed pending the decision of the London Mercantile Court in ELLIS -V- LLOYDS TSB.

2. If no request to restore is received by 23.7.07, the claim is struck out.

Dated 03 August 2006.

===================

I only received the court order today so I am assuming I have 7 days to take action though I will obviously have to explain that I received the copy of the order much later than I should have. What's should be my next step?

pugsley · 22nd August 2006, 23:02

wow that isn't very organised of the court!, I will probably be filing at that court too, so lets hope they get it together... You should ring them again saying that the date of receipt of the stay was not compatible for restoration of the claim..

hannanshah · 23rd August 2006, 11:02

Can anyone guide me on the next step? I've seen karnevil's post #35 but am a bit unsure as to how to proceed. I've only got five more days to try and get the order changed.

pugsley · 23rd August 2006, 14:42

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