Copy of defence (as requested by BankFodder above)
1. It is admitted that the Claimant has an account, number xxxxxxx sort code xxxx. To the extent it is alleged that the Claimant incurred
bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, paid referral fees or any other such fees), 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 is entitled 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):
a. The defendant's right to charge a paid refferal 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's right to charge an administrative fee if any cheque, standing 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.
3.The defendant's standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an
overdraft limit or where the claimant exceeds his authorised overdraft limit).
4. 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 limites 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 liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his 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.
5. 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 (particularly but without limitation to, paragraph 1(e) of schedule 2), or are in breach of s.4 of the unfairs (contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the supply of Goods and services Act 1982 (or indeed any other provision).
6. Therefore , it is denied that the charges were unlawfully debited from the account.
7. If and to the extent the claimant incurred charges on his account, this was caused by the claimant having gone intor overdraft without having agreed with the defendant to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back intor credit.
It is averred that the said charges and interest are and remain lawful and .......
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And there it ends. Obviously cut off because of space restrictions.
Re: Got hearing date, what now?? 
Re: Got hearing date, what now?? 
Barclays settle in full out of court! 
