Thread: bmw323i vs barclays *** WON ***

Received Notice of Issue yesterday from Northampton county court.

It states that my claim was issued on the 6th October 06 and it will be deemed to be served on the 11th Otober 06. The defendant has until the 25th October to reply, which i think is a Monday.

Wonder if mine will be one of many claims that Barclays "pretends they never saw" in their very badly managed Head Office.

:o This is unbelievable...*********
Today, i visited my local branch to check if a charge that had been applied to my account had been refunded. This was due to bad advise that i was given via telephone banking. Apparently, they have started using an asian call centre to handle some of theyre calls.

Anyway, the very very very nice lady behind the counter supplied me with a printout of my A/C, and to my horror they had refunded that charge only to re-charge me on the same day for going overdrawn again, (which was theyre fault in the first place). I kicked up a right fuss. The bank manager himself told me that he would personaly sort my account that afternoon and he was very very sorry.(Yeah right, whateva).

The highlight of my visit was when the very very nice lady clerk returned and started to make apologies on behalf of the bank. She made a very interesting addmission. These were her very words, "we're very sorry that this has happened, but unfortunately all charges are applied to peoples accounts automatically by the computer system and its not the bank staff that manually input the charges. Thats why you were further charged." :o

I asked if i could have this in writing and she laughed and looked stupidly at me. I did have my friend with me at the time, and she couldnt believe it.

???Question.
What happens if i get charges applied to my account now that i'm in the middle of court action????


Sorry for the very long post, I'll shut up now....:grin: :grin: Emz

CLAIM AKNOWLEDGED

Just checked my MCOL and Barclays have aknowledged my claim today.

It now says that they have 28 days to reply to the claim.

What will happen now, should i expect to receive a defence from barclays within the next few days?

What should i do next?




:grin: :grin: emz

Barclays had till the 08/11/06 to Defend and guess what??

Received a defence from barclays the other day dated the 8th Novemeber.

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

1 more thing, How do I change the Thread Title??

emz

Hi bmw323i,

I had same thing I believe and court date is 15th Dec. Today I sent this by recorded delivery:

Barclays Bank PLC
Litigation and Disputes
Level 29
One Churchill Place
London
E14 5HP
14/11/2006

Re: Case Number ********

Dear Sirs,

I am writing with reference to the defence dated **/**/ 2006. I would like to clarify a statement, which you have made in section 8. In this section you have said the following:
‘The Defendant denies that it is liable to the Claimant for the sums claimed and the interest as pleaded by the Claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted by the Claimant to have been applied to the account prior to 01st September 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act’

With respect to you stating that part of my claim falls outside the six year rule, whilst I acknowledge the impact of the Limitations Act 1980 in respect of disputes over contractual issues, you will no doubt be familiar with Section 32, which gives relief to the claimants in cases where the defendant has concealed the nature of their actions, acted unlawfully or has made an error or omission.

It is my belief that the Defendant knew, or reasonably should have known that the charges they were levying were unlawful and disproportionate, also that this would have been apparent to their legal advisors following the enactment of the UTCCR 1999.
I am happy for the court to decide on this matter at the hearing.

Yours sincerely,

Name

Not sure if yours is exactly the same but you could adapt this if you need too.

Tanz

Cheers for that Tanz, just been reading through your thread .

Im only claiming charges from the 6 years bank statements that I requested in May this year, but by the time I sent the prelim letter it was August and I also added 2 charges for july and October on to the MCOL.

But Barclays' argument is that only charges dated 6 years prior to date of service are recoverable blah blah, is this what their defence to you stated??

Has anyone else got any input on this issue??

Also, I cant believe that they said that i never provided actual details of charges that im claiming for either in Point 1. I sent a futher copy of this by recorded post after service to both Barclays and the Court.

emz

Hi bmw323i

Yes see the bit in italics above as this is a quote from their defence but obviously mine was issued on 1st sept 2006 so the have counted back 6 years and are using this as their cut of point under limitation act.

Tanz

Thanks Tanz.

Does anyone else have any input on the above questions??

What about all the time it took to scan through pages and pages of bank statements, sending letters and waiting until last minute for a response from Barclays, this all takes time. By the time a Claim is Served, a few months may have passed.

Can this affect my claim on the day??



emz

Originally Posted by bmw323i

Barclays had till the 08/11/06 to Defend and guess what??

Received a defence from barclays the other day dated the 8th Novemeber.

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

1 more thing, How do I change the Thread Title??

emz

Has anyone got any advice on the above please??


Emz

Originally Posted by bmw323i

Barclays had till the 08/11/06 to Defend and guess what??

Received a defence from barclays the other day dated the 8th Novemeber.

Most of the points of defence are the same as other peoples, but point 8 goes on to say that because I am claiming charges back beyond 6 years from the date of service which was 06/10/06, they are not recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the Limitation Act 1980.

My first charge claimed was debited 23/05/00, and the preliminary letter was posted on 08/08/06, which was when I asked for it back. Also, in-between sending the prelim letter and filing MCOL I added another charge dated 2/10/06

Have I made a boo boo?? How can I rectify this?? I havent blown it have I??

1 more thing, How do I change the Thread Title??

emz

Please can anyone advise, as im waiting to send my A/C.

I just want to know if this will give them cause to seek a strike out??

Emz

As I understand it the 6 years date from when you first became aware of the unlawful penalty cahrges and contacted the bank about them ie DPA letter, if sent, otherwise Prelim letter. They're merely trying to lessen their loss.
If they stick to this at settlement, tell them you will continue with the claim and will be happy for the court to decide.

BMW,

I got exactly the same thing but am just proceeding with my aq as normal. Basically, the date of my claim goes back to my first letter to them - the initial request for a refund of the charges.

It is due to their refusal to refund these that I have had to take them to court so I'm sure that if it was to get to court, the court would accept this as your original request complied with the limitation act.

It looks to me like they are clutching at straws to hang onto any amount of your money that they can.

Don't worry, hang on in there, you'll get it back!

Originally Posted by Welshman

Hi Emz. What do you want the thread title changed to and where's the other thread please?

Hi Welshman

Id like this thread to be merged with my original one here http://www.consumeractiongroup.co.uk...-barclays.html

Did I do that right??

I would like the name of my thread changed to BMW323i v's Barclays.

Thanks Welshman

Emz

Originally Posted by Welshman

Put the wheels in motion on your request Emz.

Like the avatar by the way. That's the one I've got on my mobile.

Logging off, Nos da

Cheers Welshman

Nighty Nite


Emz