Barclays issue a Defence**WON**

**sohiab** · 11th June 2009 17:44

I have claimed against Barclays icon

for credit card charges and they have issued a defence! What do i do now?

**car2403** · 11th June 2009 19:18

What was the particulars of claim and what is the defence?

**slick132** · 11th June 2009 22:52

Hi Sohiab,

Also, please confirm if this is a Barclaycard so we can move it to the correct forum for you.

Did you claim interest icon

from them - s.69 Statutory Interest or interest at their Contractual Rates.

On your N1 claim form, what name did you cite as the Defendant and what address did you put for them.

**sohiab** · 12th June 2009 21:45

Yes it's barclaycard. The defence is the Test case. Didn't know the test case applied?

**car2403** · 12th June 2009 21:54

If it's a credit card, it doesn't

We need to see the POC icon

and the defence before advising what to do, though.

**slick132** · 13th June 2009 00:38

Hi Sohiab,

Moving this to the BC forum for you.

Post up your POC icon

and their defence.

You didn't answer about what level of interest icon

you are claiming.

Also, have you claimed any charges back beyond 6 years icon

. Just trying to see why they didn't refund before you filed at court.

**sohiab** · 15th June 2009 11:08

The Claimant has an account xxxx xxxx xxxx xxxx with the Defendant, opened June 2000
2. Since 23/02/03 the Defendant debited
charges and interest icon

in respect of
purported breaches of contract.
3. Defendant is aware of all details as a
list of charges has already been supplied.
Another copy will be sent. 4. Claimant
contends: (a) The charges exceed the
Defendant's losses caused by the breaches;
(b) The Term permitting the Defendant to
levy icon

such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims:
(a) return of the amounts debited of £204;
(b) Interest per S.69 County Courts Act
1984 of 8% - £7.00 continuing at 8% until
judgment or settlement at a daily rate of
£0.15; 6. Alternatively, if the charges are
a fee for a service, then they must be
reasonable under S.15 of the Supply of
Goods and Services Act1982. 7. Costs
allowed by the Court

Heres the information

**car2403** · 15th June 2009 13:44

and the Defence?

**sohiab** · 15th June 2009 14:59

[FONT='Verdana','sans-serif']The defence had been the Test case. I have called up the legal team and they have told me that they can lift the stay and I have told them to proceed. However, after sending them my email address for forms I have received an email to say that an offer is in the post. If the offer is acceptable I will of course accept. [/FONT]

**slick132** · 15th June 2009 22:34

Hi Sohiab,

That's more like it.

I could see no reason for them not making an offer before you actually filed at court.

The offer from them should include all your charges, s.69 interest icon

to date and any court fees you have paid.

You should accept nothing less.

**sohiab** · 18th June 2009 18:09

Yep. It does. Just got a resolution from GE as well. So its been a good week.

**slick132** · 18th June 2009 22:34

Excellent result.

Thread title changed to reflect your win.

Thread: Barclays issue a DefenceWON

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