Thread: MyMoney v Barclaycard

Hi all,

Barclaycard submitted a defense just in time on friday, I'm waiting for the docs to come through from the courts. I thought I'd better post now to get some support and advice on going through this.

I haven't followed the guidelines for the initial stages of this as when Barclaycard refused the SAR a member of their customer service team advised me they would refund all the charges if I emailed her that was what I wanted. She later claimed she didn't say that but doesn't matter now.

Any way, I don't have all the details to hand now, I'll post them later, but I have already accepted a partial payment and started a claim for the rest which Barclaycard have defended so thats where I am now.

I've been reading a couple of threads trying to get an idea of whats involved and will continue to to keep learning.

A couple of questions - Has anyone actually had their day in court against Barclaycard and has anyone actually lost?

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When I sent my S.A.R - (Subject access request) BC sent the microfiche letter stating that I could buy my statements at £3 each.

I telephoned them and a customer relationship manager asked why I wanted them. When I said I wanted to reclaim my charges she said if I emailed here they would calculate and refund all charges that had been applied to my account. (I believed this )

I emailed the request and a couple of letters later I received an offer of £114 being the difference between the charges taken and the OFTs £12. I was charged £330 in total and this was the difference in the charges. I accepted this as a part payment and asked for the remaining within 7 days and again asked them to provide details of their loses amounting to £12 each time.

So after receiving an email saying no more I waited and on the 12/12/06 I filed on MCOL

1. Between the date of 21st August 2001 and 21st August 2003 the Defendant applied numerous default charges to the Claiment's credit card account.

2.These charges constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations: 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation'.

3.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21st August 2001to 11th December 2006 of £103.04 and also

interest at the same rate up to the date of judgment or earlier payment at a daily rate

of 0.021%.

4.The Claimant asks the court to enter judgement in their favour for the sum of £330 plus interest minus an interim payment made by the Defendant of £114.00. A total

of £319.04

I found that due to the restictions on length I couldn't get much detail in the form. I'm a little worried because I read in a thread something about sending 3 copies or something to the court or your case could thrown out. If someone could help me out over this point I'd really appreciate it.

BC entered this defense at the last minute.

1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.
2. The Particulars of Claim does not provide details if the acount in question or the precise charges alledged to be unlawful. To the extent it is alledged that the Claimant incurred charges on his/her account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), it is admitted that such charges were debited from the Claimant's account; however, 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 limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce theaccount balance by the required date).
4. It is the responsibility of the account holder to properly monitor his 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 in paragraph 3 above, including the basis on which the entitlements set out in paragraph 3 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 extend it is the Claimant's case that the failure to make monthly payments and / or his/her 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 the the Claimant's account were payments that the Claimant agreed to make upon the events described in paragraph 3 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 enforcibility of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claimant, or at all, and / or that the Charges are otherwise enforceable.
7. Further or alternatively, it is denied that any such charges consititue unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.
8. Further or alternatively, without prejudice to the matters pleaded at paragraph 3 above, if the Claimant's failure to make sufficient account payments by the required date and / or to remain within the 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 the Charges were unlawfully debited from the Claimant's account.
10. Accordingly, it is averred that the Charges are legally enforceable ant 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 sum claimed and interest pleaded, or at all.
12. In the alternative, and without prejudice to paragraph 6 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, and the charges were a consequence of the breach of the contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the charges as set out in paragraphs 2 to 3 above, it will seek to recover the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of said charges, and the Defendant seeks to set off such sums against any liability oweb hereunder to the Claimant

I'm a little worried that I didn't spend enough time looking around here to find things out before I started this, but I'll make up for it now!

I have the N149 to complete. Should I also send 3 copies of the schedule of charges with this?

Any advice of how to this properly from here would be very much appreciated. I'm glad I'm doing this one at a time and starting with the smallest.

Thanks

I haven't sent my aq back yet but today I received a Notice of Pre Trial Review, on the 7th June and I haven't even indicated if I want a postponement.Surely this isn't how things usually happen? Why would it take so long to get even a pre-trial hearing.

I have to send my aq back before 2nd Feb and I could do with some advice.

In my POC I omitted the following pieces of information
My account no.
Date account opened
That I had already supplied a schedule of charges
S.15 Supply of Goods and Services Act 1982
Costs

I can send a schedule of charges with account details with the AQ and mention in it that they have already been send and another will be send

Can I mention the S.15 and costs in the AQ?
If not can I refer to them if it goes to court?

I anyone can offer some advice and/or supportive comments I would really appreciate it.

I need to get the AQ in the post Tues morning at the latest so if you can help me before then thank you.

As time is ticking I propose to send this along with the aq. Any advice much appreciated.

Also do I need to write this on the form of can I attach it seperately?
If I can send it as a seperate letter who do I address it to?

The defendant in its defence contends that this claim is not suitably particularised and I admit that due to the limited space allowed certain details were not provided. However the defendant is fully aware of the account in question and of all of the charges applied to the account. The defendant had examined the account in question to identify all of the charges that had been applied to form the basis of their partial settlement. I have also provided the defendant with a full Breakdown of the charges applied to the account in previous correspondence during efforts to resolve this matter without the intervention of the Courts prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire and will also provide the Defendant with another copy.

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceeds their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, 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 this would bring a rapid end to this litigation.

I do believe that this case will last no longer than one hour.

With a little help from Innocent (thanks and rept)
http://www.consumeractiongroup.co.uk...st-413638.html

I've got a pre-trial hearing coming up and I'm not sure what to expect.

I contacted the Court and they said I need to submit my Court Bundle 14 days before the hearing - they also said the banks tend not to show up and that the Judge could enter a judgement at the hearing.

I contacted Barclays to see if they wanted to settle before I went to the expense of preparing the bundle. They told me they would be writing to me in a weeks time to offer settlement, but that they could not comment on the figure as it was with their accountants to verify the charges.

When I mentioned that I needed to prepare and submit my court bundle and that it would cost them more if I had to do this they suggested I submit a minimal bundle.

Does anyone else out there have any experience of this situation?

I contacted the court again and was told as this is only a pre-trial hearing I do not need to submit my bundle before this hearing.

I am wondering what to do.

If I wait for the settlement without submitting a bundle and the settlement never arrives (believe it not the banks don't always tell the truth), would I be at a disadvantage at the hearing?

Thoughts anyone?