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My mate has been struggling to get his charges back form Barclaycard. We have followed advice on forums and written letters etc. Recently, filled in an N1 and we now have a Barclaycard Defence doc sitting in front of us.
The doc states:
1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.
2. To the extent it is alleged that the Claimant incurred charges on the Claimant's account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
3. The Defendant's standard terms and conditions (''Terms''), which the Claimant accepted upon opening the account, entitle the Defendant to debit the Charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and I or failing to make sufficient monthly payments to reduce the account balance by the required date).
4. It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date.
5. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.
6. If. and to the extent it is the Claimant's case that the failure to make monthly payments and lor failure to remain within the agreed credit limit, constituted a breach of the Terms, and that the 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 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 I or that the charges are otherwise unenforceable.
7. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Conswner Contracts Regulations 1999, (particularlu but without limitation to, paragraph 1(e) of schedule 2), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982.
8. Further or alternatively, without prejudice to the matters pleaded above, if the Claimant's failure to make sufficient account payments by the required date and / or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable.
9. It is further denied that the Charges were unlawfully debited from me Claimant's account. 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.
10. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant's account.
11. The Defendant denies that it is liable to the Claimant for the surns claimed and interest, as pleaded or at all.
12. In the alternative, and without prejudice to matters stated above, if (which is denied) the said Charges 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 by failing to make monthly payments and I or failing to remain within the agreed credit limit. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out 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.
STATEMENT OF TRUTH
I believe that the facts stated above are true. I am duly authorised by Barclays Bank PLC to sign this statement on its behalf.
Mymate vs Barclaycard- help!
Bank PLC and not a legal entity in its own right.
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Re: Mymate vs Barclaycard- help!
Re: Mymate vs Barclaycard- help!
very snazzy
Originally Posted by Ziakiwi
