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Ok, I am now turning my attentions to Barclaycard and thought I had better start my own thread. They story so far:
Sent DPA request, got statements.
Sent preliminary approach letter, got a sod off letter back.
Sent a letter before action, got a "we will refund the difference of £12.00" letter.
Sent them a "not good enough, justify the £12 letter " got another sod off letter.
Now going to do my moneyclaim online, my question is are people still bringing claims against them when they are saying they will refund the difference between the amount they charged and the OFT ruling that they will not get involved unless it is over £12? I dont want to lodge a claim if I am going to loose.....
Any advice grately appreciated.
P.S. Do Barclaycard hold out until court date is imminent like Barclays do?
my question is are people still bringing claims against them when they are saying they will refund the difference between the amount they charged and the OFT fuling that they will not get involved unless it is over £12?
Not sure, but would right to them again stating that the time is up and they are in breach, you could also lodge a complaint on the information commissioners website and tell Barclaycard that you have done so.
Not updated this thread for a while, but things have now moved on somewhat, they have awknowldedged and stated they are defending the claim. I have received the following documents:
(1) Notice of Transfer of Proceedings.
(2) Defence and counterclaim.
(3) "Mediation can help" leaflet.
Not sure what is expected of me now? :-|
Defence states:
1. The particulars of claim do not provide particulars of account in question or the precise charges alleged to have been unlawful, or the dates thereof. (This was sent with both Pre-Lim & letter before action
To the extent it is alleged that the claimant incurred bank charges on the claimants account for unauthorised borrowings (whether unpaid fees for retruned cheques "paid refferal fees" or any other such fees), the defendant puts the claimant to strict proof of each charge and date thereof.
2. The particulars of claim are summary in nature. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.
3. The defendant is entitled to charge the claimant for unauthorised borriwings by reasons of its standard terms and conditions. the claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised):
(a) The defendants 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 defendants right to charge an administrative fee in 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 defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the authorised borrowing rate on the excess balance.
4. The defendants standard terms and conditions give the claimant a fair and transparent view of those ters and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit ir where the claimant exceeds the authorised borrowing limit).
5. If and to the extent it is the claimants case that the failure to make necessary payments and/or failure to remain within authroised overdraft limits and/orfailure to arrange an authorised overdraft constitutes a breach of the terms applying to the account and wereconsideration for the defendants advancing credit to the claimant, which the defendant was under no obligation to advance. The defendant is entitled to impose such charges and interest when the claimant incurred the overdraft.
6. Accordingly, it is denied that the legal principles relating to liquidated damage clauses and penalty charges are relevent or even applicable to the facts set out above. further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair (contratcs) terms Act 1977 (or any other provision).
7. Therefore it is denied that the charges were unlawfully debited from the account.
8. If and to what extent the claimant incurred damages on the account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facillity or to increase the overdraft facility and/or 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 enforcable and that the defendant was entitled to debit the same.
10. The defendant denies that it is liable to the claimant for the cums claimed and interest pleaded or at all.
10. The defendant denies that it is liable to the claimant for the sums cleared and interest as pleaded at all.
11. In the alternative, and without prejuidice to the matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenfoceable as alleged by the claimant or at all, and the charges were a consequence 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 the 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 above, it will seek the recover to the extent necessary such loss and damage as is 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 liabillity owed hereunder the claimant.
END
:-| does it look like the pretty standard defence that Barclaycard issue? :cry: anything blindingly obvious???
Not updated this thread for a while, but things have now moved on somewhat, they have awknowldedged and stated they are defending the claim. I have received the following documents:
(1) Notice of Transfer of Proceedings.
(2) Defence and counterclaim.
(3) "Mediation can help" leaflet.
Not sure what is expected of me now? :-|
Defence states:
1. The particulars of claim do not provide particulars of account in question or the precise charges alleged to have been unlawful, or the dates thereof. (This was sent with both Pre-Lim & letter before action
You needed to include a list of all charges, and contractual interest etc in your claim. The court will look at the defence, and require you to supply this information.
END
:-| does it look like the pretty standard defence that Barclaycard issue? :cry: anything blindingly obvious???
I am confused with my claim and would really appreciate some advice:
I have today received a "General Form of Judgement or Order" and it states;
Before District Judge.................... ............. at....................... ......
Upon consideration of this matter
IT IS ORDERED THAT
Unless the claimant by 4:00pm on 8th June 2007 files at Court and serves on the defendent further written particulars of the claim specifying the name, account number, and sorting code of the account referenced to and a list of all charges complained of showing the date and amount of each one and stated reason for it, the claim shall stand struck out without further order.
My plan is to go down to the Court with a letter regarding the defence Barclaycard have submitted, I want to point out that Barclays are attempting to mislead the Court into thinking this information has not already been submitted to them, I will attach (1) a copy of my prelim approach for payment which included a statement of charges being claimed (2) A copy of the letter before action which again included a list of the charges and all the details regarding the account, and (3) a copy of a letter I sent to both Barclaycard and the Court after submitted my claim on moneyclaim online which included the charges as advised in the instructions on this forum (perhaps the court did not get the letter) but Barclaycard certainly ARE aware of all of the information requested so to claim they don't in the defence is a lie, they have awknowledged all correspondence and refused payment to date, they have never once said they cannot reference the account etc.
Do you think this is what the court is expecting of me or am I missing something here????
I have no experience of this but would consider doing as the order asks, if only on the grounds that you don't want to naff the judge off by arguing. Having said that I can't see it doing any harm writing the letter and attaching it to the info requested in the order.
Information requested has been hand delivered to the court, along with a letter and I have sent it by "recorded signed" delivery to barclaycard (again), I also now have proof that they signed for it so the buggers can't get out of it this time
Heard nothing from the court but I assume a date will now be set.
I have telephoned the court to ask what is going on and they were less than helpful, "it has gone back to the district judge, he hasn't looked at it yet"
I don't know, I will have to check on Monday it says "Friday 29th June 2008" - so you are probably right, next year 29th June falls on a Saturday, its this year that falls on a Friday. (but even that would be too short notice to get bundles etc in) hmmmm, confused!
Before DISTRICT JUDGE O'REGAN sitting at Birmingham county court, Civil Justice Centre, the Prioriy Courts, 33 Bull Street, Birmingham, B4 6DS.
Upon considering the court file
IT IS ORDERED THAT
This case is allocated to the small claims track and listed for trial at Birmingham County Court on Friday 29th June 2008 at 14:00 before District Judge Davies.
1. This case is one of a number listed on the same day. Both parties must be ready for trial on that date. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.
2. If the claim is settled, the claimaints must promptly give notice in writting to the court stating that the claim is discontinued.
3. Any party may rely as evidence on a statement if case (if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affadavit or witness statement verified by statement of truth.
4. Any witness evidence of documents to be relied on by the claimaint must be filed at court and served on the defendent not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served on the claimaint not later than 7 days before the hearing.
5. it will not be necessary for any party to file or exhibit a copy of the OFT report 'Calculating fair charges in credit card contracts' though it may be referred to in any written evidence.
6. Each party must provide its documents and written evidence (inlcuding a copy of any statement of case relied on) in a single bound paginated bundle clearly marked on the front with the case number and names of any parties.
7. No cross examination of witnesses will be permitted, except with the permission of the court.
8. No expert evidence is permitted (this does not prevent a suitable witness on behalf of the bank or credit card provider giving evidence of fact as to the matter in which charges are determined by it.)
9. The claimant must, if he has not already done so, include in his bundle a full list of charges disputed, specifying the date and amount of each and the reason given for it.
10. if any party relies on written submissions or a skeleton arguement, it must be files at court and served on the other party at least 2 days before the hearing.
4. Any witness evidence of documents to be relied on by the claimaint must be filed at court and served on the defendent not later than 21 days before the hearing.
Not sure how you're supposed to do this when the order is only dated 17 days before the hearing.
All very confusing and a clear cock up on the part of Birmingham. Surely they are going to have to issue a new hearing date after this, is the case hearing next Friday (which wouldn't allow me time to even post my bundle to Barclays) or is it next year???? (Its far from clear)
I have e-mailed the court manager and will phone them on Monday, will keep you updated.
Barclaycard vs Donel261 ****WON****
, got a "we will refund the difference of £12.00" letter.
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Originally Posted by Donel261
