Bookworm v Barclays - **SUCCESS** - Page 2

Bookworm · 25th May 2006, 18:21

No, neither did I when I first asked them to refund the £30. But on totting up, I was shocked to find that it came to £ 320.00! + £ 76.97 interest, + £ 50.00 court fee, DA-DAAAA!!!!

That's one £30 charge that's coming back to bite them in the butt, that's for sure....

.

dinghy · 25th May 2006, 19:45

My heart bleeds for them !

Bookworm · 27th May 2006, 12:44

Oh, ffs.

Just got my money back from MCOL, due to a clerical error, my claim was cancelled, I have to restart my claim from scratch... And Barclays will gain another week...Grrrr...

.

mikeyitup · 27th May 2006, 13:05

Quote:

Originally Posted by knobby1

reminds me of the lovely letter the young ones were writing to their bank mamager in one of their episodes i think they all had a bit of input i cant remember it all but neil wrote "may the seed of your loins grow fruitfull in the belly of your woman" can any1 remember the whole thing?

(P)Rik "Er Her, and what makes you think your bank manager is a man?"

Neil "His beard"

Thats all oi can 'member orf the tap o me hed

Bookworm · 11th July 2006, 19:20

Well, defence received today with AQ to be returned by 26/07.

It seems quite obvious in the shoddy way it has been typed out that they have no intention of this ever be seen by a judge. From the " all coming out as ?, and the text that ends up abruptly halfway through a sentence (I kid you not):

Quote:

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

If we had written something that bad, we would have Bankfodder yelling at us for not taking the matter seriously.

Oh, and there's a new kid in town! Mine is signed by Adrian St John, Solicitor. (although his e-mail address is still KJ's, lol. Cosy.)

The defence? Oh, the usual. I agreed to T&Cs, and the charges are not unlawful. Ah, ok then. I will have to remember to get scared at some point then.

Bookworm · 11th July 2006, 19:54

This is the total defence now:

Quote:

3. Defence
1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the Claimant?s failure to correctly identify and particularise an account held with the Defendant, it is admitted that the Claimant has an account, number xxxxx, sort code xxxxx. However, 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), 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 Referral 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 order or direct debitcannot 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 limits 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 theClaimant 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 l(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.l5 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

maisielou · 12th July 2006, 22:18

Thats the same as mine even cut short at the same place must be running them off on the copier lol

blueskies · 13th July 2006, 03:29

word for word the same as mine too. It took 25 days to come up with that?

I am within a day of you Bookworm. See who finishes first.

Poor little trainee Adrian!

Bookworm · 13th July 2006, 12:15

Hey, Blueskies, both Barclays, within 1 day of each other, you're in Folkestone, I'm near Croydon, you don't think they're sending ASJ on a Tour of Duty in the South-East, do you?

blueskies · 13th July 2006, 12:57

It'll do him good to get out of the office, things must be tense in there!

I hope he's got his battle clothes out and ironed!

Bookworm · 30th July 2006, 17:13

AQ handed out at Croydon Court on Wednesday 26/7, with this added in section G:

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

And added copy of schedule of charges to AQ, and sent copy of both to Barclays solicitors.

blueskies · 31st July 2006, 17:55

Good luck Bookworm. I settled and am wondering what would have happened had I not.

Bookworm · 31st July 2006, 20:02

Well, I did e-mail KJ, but since I said in my e-mail that I would only settle for 100% and no confidentiality, I didn't exactly give much wriggle room, lol.

Meanwhile, the interest will keep on adding up... Their choice, I am in no hurry... You never know, they might decide to defend for real.

Tell you what, you can always come up and give me moral support!!!

Bookworm · 14th August 2006, 22:47

Happy, happy, HAPPY!!!

I have a court date! 2nd November, 14.00.

AND the lovely judge has said, as well as the usual "copies of all documents...etc", that:

Quote:

The defendant is to file at the court office and serve the claimant with a list setting out how charges have been calculated. The original documents shall be brought to the hearing

In other words, DISCLOSURE, as respectfully requested by me on the AQ.

maisielou · 14th August 2006, 23:19

my court date is 8th September and i still havent been asked to send copies of any documents...????

Bookworm · 14th August 2006, 23:30

Phone the court, and ask them. Tell them you're getting concerned, and just checking that the letter didn't get lost in the post.

Meanwhile, if you haven't done so, I suggest you start getting together:
- copy of UTTCR 99
- copy of Unfair Contract Terms 77 (I assume these 2 are the ones you referred to in your claim form?)
- copy of the OFT statement of April 5th.
- your banks statements and all relevant correspondence to and from the bank.
- relevant case law summaries, Wilson, Dunlop...

blueskies · 15th August 2006, 00:24

Even though I have taken the offer from Barclays I am watching this case with interest. It looks as though you have a judge that will challenge the defendant (whether it will be ASJ or KJ (mine was passed back to KJ)).

I would like to come to the court and offer support (if working hours allow it) if that's ok with you Bookworm.

Good luck.

Steve.

P.S. I will be against the same people again with Barclaycard

Spotted Dog · 15th August 2006, 00:29

Glad you have got a date now.
I am waiting for mine - AQ sent 10 days ago (which included the disclosure paragraph)

Spotty

octron32 · 15th August 2006, 01:52

Quote:

Originally Posted by Bookworm

Phone the court, and ask them. Tell them you're getting concerned, and just checking that the letter didn't get lost in the post.

Meanwhile, if you haven't done so, I suggest you start getting together:
- copy of UTTCR 99
- copy of Unfair Contract Terms 77 (I assume these 2 are the ones you referred to in your claim form?)
- copy of the OFT statement of April 5th.
- your banks statements and all relevant correspondence to and from the bank.
- relevant case law summaries, Wilson, Dunlop...

just to make it easy heres links to all you have mentioned to get together.

UTTCR 99 http://www.opsi.gov.uk/si/si1999/19992083.htm

copy of Unfair Contract Terms 77 http://www.johnantell.co.uk/UCTA1977.htm

copy of the OFT statement of April 5th in full
http://64.233.183.104/search?q=cache...k&ct=clnk&cd=1

copy of the OFT statement of April 5th summary
Summary of Exactly What the OFT Said & The 'New' Â£12 Threshold

relevant case law summaries, Wilson, Dunlop

dunlop overview
http://en.wikipedia.org/wiki/Dunlop_...ge_and_Co._Ltd.

The established jurisprudence
http://www.bankchargeshell.co.uk/legal.html

maisielou · 15th August 2006, 07:16

Thank you i will phone the court later today...................i only got my court date through the post on saturday and since sending in my AQ(2 weeks ago) they have already changed the Judge and the court? and on the bottom of the letter it states

please note this case may be released to another Judge, possibly at a different court:o

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