Thread: maclaren v Barclays **WON**WARRANT OF EXECUTION ISSUED

I started my case against Barclays in August, paid the data protection fee, got my statements, literally on the final day of the fourty permitted.

Sent a letter requesting the charges to be refunded as soon as I had received the statements, to which I got a standard response saying we hope to respond to you within the timescale you desire but cannot gaurantee this. They did, but stating I am not entitled to any money back AT ALL!!

I sent of the LBA (letter before action) from the templates section, (All my correspondences have been via Royal Mail recorded delivery), which Royal Mail lost.

Called Barclays to find out why I had no response to the LBA by the data I specified (October 12th 2006). Found out they never got it, hence I resent it and a response was due from Barclays today.

NO RESPONSE has arrived, hence I called them and Royal Mail to confirm they had received the LBA documentation. Which they have!

Barclays informed me that I was not entitled to any of the monies I have claimed.

Is this all normal behaviour by a bank and am I at the point where I must start litigation?

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OK so if you have sent the pelim letter and 14 days later sent the lba and it is 14 days since, you need to start a small claim, the templates section (library) where all the letters are and the faq's will help you with doing so, any questions please ask!

I have filed and online claim with www.moneyclaim.gov.uk for £613.75. plus and £80 charged by them.

In addition to this amount I have requested three times that Barclays Bank provide me with an amount, out of the £319.23 interest I paid during the time which the unlawful charges, which occured as a direct result of this unlawful charges. They have repeatidly failed to do this.

Can I do anything else to progress this or is it a matter of leaving it in the hands of the courts.

My total claim could rise from 693.75 to £1032.25 once I have the correct information to work on... Any help is appreciated.

You mean working out the interest for going overdrawn? If so there is a spreadsheet to enable you to work this out in the templates section, if you have all your statements and interest rates to hand that is.

During the time the charges we leived on my account I went over my overdraft limit in addition of the unlawful fees forcing me over my limit. Hence some of the interest leived is correct.

What I need to know is the amount of interest I paid which is a direct result of the unlawful fees!

Hence I have calculated the total interest paid for exceeding my limit during the period of time I am suing Barclays for and I have asked three times that the give me a figure which demonstrates the amount of interest I paid as a result of their unlawful fees.

Am I going about this in the correct manner?

Kind of, you can either ask them but my guess and it seems it is correct is they they will be very slow or reluctant to help you with this, however as i said you can figure this out yourself, using the spreadsheets in the library. You can still do this an then file an amendment to your claim to reflect this.

Thanks I've just downloaded the more comprhensive banking charge calculator. I'll get my details into that and calculate the additional fees that I can claim back from Barclays.

What's the process for amending the claim I have made?

Filed my claim with money claim website and received a letter yesterday from them stating that Barclays have acknowledge the claim and are planning to defend the whole amount is this the norm?

There acknowledgment was within 1 day of the timescale!

What generally happens next then? Do they normally enter a defence or let the claim lapse?

They refused to pay my claim when I asked for the money back from them in the first place, and did not even make a partial offer. I believe this is because I no longer Bank with them...

Any advice is appreciated.

Today I have received a Notice of Transfer of Proceedings from Northampton county court (MCOL), containing a defence to my claim from Barclays Bank. It contains:

1) an explanation of Barclays defence - they are stating that I have not provided details of the accounts and charges that I wish to claim for, which I have at every stage of my claim and additional info which I could do with some info on.

2) a court allocation questionnaire for my completion. I know there's a guide to completing this somewhere in the forum, could someone please point my in the right direction?


On another note is this all normal procedure for Barclays and what should happen next?

Thanks.

Today I have received a Notice of Transfer of Proceedings from Northampton county court (MCOL), containing a defence to my claim from Barclays Bank. It contains:
1) an explanation of Barclays defence - they are stating that I have not provided details of the accounts and charges that I wish to claim for, which I have at every stage of my claim and additional info which I could do with some info on.
2) a court allocation questionnaire for my completion. I know there's a guide to completing this somewhere in the forum, could someone please point my in the right direction?

On another note is this all normal procedure for Barclays and what should happen next?

http://www.consumeractiongroup.co.uk...ompletion.html here is the link Maclaren hope it works first time i've done it ! Your defence from Barclays sounds exactly like the one i received.
Best wishes Sandbag.

Thanks I have written up my court questionnaire.

One more quick question re the questionnaire, section H mentions a fee for filling the questionnaire. Can't find any reference to the costs on:

Her Majesty's Courts Service - Home or any info included with my paperwork. How much is this fee? My claim is for:

£696.91

Thanks

Thanks for the advice.

Spoke to my local court this morning, where the case has been transferred to and they advised me that claims under £1500 are free, anything over occurs a £100 filing charge.


They also stated that I should include a copy of all the correspondents I have sent to Barclays, which I duly did.

Roll on the court date...

Having review other defences entered by Barclays, they appear to have entered additional objections against my claim, as below (apologise for any typos). Can anyone shed any light on this, is it all standard?

1. The Particulars of the claim do not provide details of the
account in question or the precise charges alleged to be unlawful
and the date thereof. To the extent it is alleged that the
Claimant bank charges on his/her account for unauthorised
borrowings (whether unpaid fee for returned cheques, "Paid
Referral fees" or any other such fee, 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 borrowing (including where the account
is overdrawn without an overdraft limit or where the Claimant
exceeds his/her authorised overdraft limit).
3. The Defendant is entitled to charge the Claimant for
unauthorised borrowings by reason of its standard 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 and 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. 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.

4. If and to the extent is the Claimant's case that the failure
to make necessary payments and / or failure to remain within
authorised overdraft limits failure to arrange an authorised
overdraft 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/her
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
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 reach of the Unfair Terms in Consumer Contracts
Regulations 1999 (particularly but without limitation to, paragraph
1 (e) of Schedule 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. It is further denied that any such charges unduly enrich the
Defendant.

7. There, it is denied that the charges were unlawfully debited
from the account.

8. If and to the extent the Claimant incurred charges on his/her
account, this was caused by the Claimant having gone into
overdraft facility or to increase the overdraft facility and / or
his/her failure to make payments to bring the balance of the
account back into credit.

9. 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. Accordingly, the Claimant is not entitled to a
declaration by the Court as the enforceability or the said
charges.

10. The claim for overdraft interest is denied. In particular it
is denied that the said interest was charge on overdrafts caused
or caused solely by disproportionate penalty charges, or that such
overdrafts were caused by said charges, and/or that the claimant
is entitled to interest as pleased or at all. The overdraft and /
or subsequent charges were caused by the matters set out in
paragraph 4 above.

11. The Defendant denies that is liable to the Claimant for
the sums claimed and interest as pleaded but the Claimant or at
all. In the alternative, which is denied, if the said charges
amount to sums payableon breach of contract, it is averred that
the charges asserted by the Claimant to have been applied to the
account prior to 06 November 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 1980.

12. In the alternative, and without prejudice to paragraph 7
above, if (Which is denied) the said charges and interest or any
part thereof are unlawful or unenforceable as alleged by the
Claimant or at all, 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 unable to rely on
its express entitlement to enforce the charges as set out in
paragraph 2, and to 4 above, it will seek to recover the extent
necessary such loss and damage as it actually suffered, which will
not necessarily limited to the value of said charges, and the
Defendant seeks to set off such sums against any liability owed
hereunder to Claimant.
Barclays Bank PLC

Can anybody offer advice on completing the Complex Bank Charges Calc.xls and then using this to update my claim?

I entered my details into the complex spreadsheet rather than requesting a figure from Barclays for the amount of interest I have paid as a result of the unlawful fees, which I have done several times, without response surprisingly!

I wanted to check that the figures and details I have entered are accurate as I don't fully understand this more complex spreadsheet.
Once I am confident I have completed this spreadsheet correctly and subsequently calculated the correct amount for my claim, which I believe will change from £697.41 to £728.47 how do I amend my claim, which is in the process of being allocated a court date?

Thanks.