Junklunacy v Barclays ***SETTLED IN FULL***

[junklunacy]

I received Barclays defence yesterday which is funny at best. It is the usual defence which i have read many times on this website..

1. The Particulars of Claim do not provide details of the precise charges alleged to be unlawful or the date thereof. To 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), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. 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).

3. 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 without limitation) the following terms and conditions (which are summarised):
a) The Defendant's right to charge a 'Paid Referral fee' where the Defendant pays an amount (either compulsion or election) which causes the amount to become overdrawn - £30 per item (previously £25).
b)The Defendants 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) Th 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. 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 overdratf limits failure to arrange and authorised overdraft constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges consititute 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 liquidation 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 are relevant or applicable to the facts set out above. Further or aternatively it is denied that any such charges constitute unlawful penatly charges or are in breach of hte 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 Unfair (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 into Overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and/or his failure to make payments to bring the balance of the account back into credit.

8. 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.

9. The Defendant 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 unenforcable and consituted a breach of contact by the Defendant, those charges which were applied to the account prior to 05 December 2000 are not 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.

10. In the alternative, and without prejudice to the paragraph 6 above, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unabel to rely on its express entitlement to enforce the charges as set out at paragraphs 2, to 4, above, it will seek to recover to the extent necessary such loss and damage as it actuallly 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.

I have until 3rd Feb to send off my AQ which is ready.
With regards to the 'Other Info' section I have gone down the route of including the New Strategy for AQ which i understand will put more of a squeeze on Barclays. I have ALL my paperwork ready and will not allow this to be struck out on my part !!

http://www.consumeractiongroup.co.uk...tionaires.html

[junklunacy]

I have just one question concerning the AQ. It says to pay the fee of £100 if claiming over £1500. I am claiming £1215 + interest + MCOL fee. Should i pay or leave?

[Michael Browne]

I'm not 100% sure, but I think if the charges and interest total more than £1500, then the AQ payable. The MCOL fee is certainly not taken into account. Ring your local court just to check, they are generally very helpful.

[Welshman]

It's up to £1500 before interest is added and, as Michael correctly pointed out, the MCOL fee is not taken into account either.

[junklunacy]

Thanks

[Laineybelle]

Hi Junklunacy,

We are very similar with our dates etc.

My AQ has to be returned by 5th Feb. I am in the process of 'reading up' to decide which route I am going to go down.
New or old AQ.

It will be interesting to compare our Court Dates when they come through. At the moment mine is still with my local court but I think it will be transferred before the date arrives.

Good Luck
Laineybelle

[junklunacy]

I have received a 'notice of transfer of proceedings' which details my case moving from Leeds County Court to the Leeds District Registry, Mercantile Court. I don't know if this means anything other than the courts managing their workload.
Last date for filling with court was 3 Feb and now the Hearing will take place on 7 February in the morning. Doesn't things move fast.

So finally after all this time I have a date to appear in court!
I guess Barclays solicitors will be fretting now about this news. I've read on other threads that some people have contacted Barclays and talked about settling. However i don't feel it's my move here, correct me if I'm wrong but the bank doesn't want to go to court, i'm ready and looking forward to it.
I'm currently getting my court bundle together using the fab templates etc on here.
The countdown begins....

PS Laineybelle good luck with your claim

[junklunacy]

Addtional info in the court pack says that no later than 7 days prior to the hearing a completed Case Management Information Sheet in accordance with CPR 59 should be filled with the court.
Has anybody else done this? If so i'd better get started as hearing next Wed.

[Welshman]

Get started??? To be honest, your bundle should have been ready for submission by now.

Be first at the post and get it in before them. Remember, you are holding the Aces here. They are defending.

They will very probably contact you within a day or so. But, in case this one slips through their net, put your bundle in.

[junklunacy]

CMI has been complete, I will be posting today to Barclays and the Court via Special Delivery. Spoke to the court and they didn't seem to bothered about the time scale hinting that the defendant will most likely settled before then. Bundle in progress...

[junklunacy]

Since it's such a nice day in Leeds I've handed in the CMI sheet and posted duplicate copy to Barclays. Wait and see now.

[junklunacy]

Thought I'd add this thread I came across which concerns my claim regarding my hearing in Leeds on 7th Feb Directions Hearing Leeds

[junklunacy]

I have received a recorded delivery letter from Barclays, yes you've guessed it offering to SETTLE IN FULL for all of the claim (£1700). I never made a call to them nor was I intending to, although i was starting to get itchy feet. It looks like the CMI sheet finally got them with months of persistant letters etc... I have to sign the form and send back and they will transfer the funds into my Barclays account lol. I will be advising them that until the monies have cleared I will then inform the courts of this info and to withdraw my claim.
Thanks everybody and be patient!! They will crack eventually!! Alliance & Leicester here I come...see here Junklunacy v Alliance & Leicester

[msawouldlikejustice]

Congrats junk, im in leeds on the 7th but no such luck as a settlement.

To follow my claim against barclays Msa V Barclays Bank 5 days till court

[Welshman]

If there's a confidentiality clause in the letter, put a line through it before returning it.

Please take a minute to complete the survey and a donation to this site to enable it to help others would be appreciated.

Congratulations and well done

[junklunacy]

Thanks everybody for help and assistance during my case. It has been very useful and inspiring. I can confirm that the monies were paid directly into my Barclays account yesterday. I will be handing a letter into the court today in Leeds to inform them and apologise for lateness for no fault of my own, but because of Barclays obvious time wasting tactics.
Survey complete and a donation on its way

Follow my other claim with Alliance & Leicester here http://www.consumeractiongroup.c o.uk/forum/alliance-leicester/55554-junklunacy-alliance-leicester.html

[Laineybelle]

Well done Junklunacy, Enjoy!!!

Laineybelle