Thread: elisedriver vs Barclaycard ###won###

The story to date

I calculated all the fees from my CLOSED barclaycard, and it came to £380. My card was closed 18 months ago when I swapped across to Egg on a 0% deal.

Anyway, my initial letter was sent 26 March 2007 and demanded all £380.

Barclaycard responded on the 29th March with an offer of £152 - which I had to accept or decline as full payment. As I no longer had an open account, I also had to nominate a bank account to send the money to.

On the 5th April, I sent my letter of rejection of the offer of £152 - along with payment details of my current account, to which they could obviously send a full £380 that I was demanding.

11th April comes round - so I sent my LBA

Then, this weekend I receive a Barclaycard statement for my closed account that has been credited with £152 - DESPITE ME REJECTING THE OFFER. Not only have they re-instated a closed account without my permission, they have also totally ignored my letter to reject their offer. £152 now sits in an account that I have no access to - when if it was their intentions pay pay back that money, then they should have sent it to the nominated bank account.

New letter sent today :

Dear Sir/Madam,
BARCLAYCARD / ACCOUNT NUMBER: ***
Your Reference : ****
It is with some dismay that I have received a Barclaycard statement from yourselves this last weekend, with a balance of £152.00 on my inaccessible closed account.

In your letter dated 29th March 2007, you stated quite clearly that I had the option to accept or decline your ‘offer’, which I clearly rejected in my letter dated 5th April 2007. For you then to ignore my reply negates the purpose of your offer completely, which I consider to be nothing more than a time wasting exercise.

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my letter before action.

Yours faithfully,

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Looks like yet another defacto standard template letter - unsigned and received by myself.

Copy of letter received : so you can compare letters

Looks like I'll send another letter accepting partial payment - my lba stands and I'll start the legal action in 6 days time.

I refer to your letter dated 16 April 2007.

I note that you are dissatisfied with our offer to refund £XXX however our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

As previously advised, when your Barclaycard account was opened, you signed and agreed to our terms and conditions and this included details of our charges. The information provided at application stage clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the terms and conditions we provide details of these to our customers.

I appreciate that this may not be the outcome you expected, however I trust that the information I have provided has clarified Barclaycard's position.

We can arrange to refund £XXX to your bank account. Please contact our Customer Service department on 0870 154 01 54 to provide your bank details, this will enable the refund to be completed.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this fetter, 1 will close my complaint file in accordance with our usual practice.

Yours sincerely
Linda Vaughan

Customer Services

Hi Elise.

A satisfactory response would have been to repay the whole figure, which the bank has opted not to do.
Therefore as they have not responded favourably, continue with your action.
Make sure that you keep copies of all letters, theirs and yours.

Good luck.
Regards, Rooster.

Sounds just like my claim Elise -
Thought my account was closed as I'd got into difficulty, went into an agreement for a few months then was able to pay off the balance. No more statements, no more cards and I'm sure I was sent a letter to the effect it was closed - that was 3 years ago.
This week I also get a statement saying my account is in credit by £30 - the amount offered to me, which in my prelim, lba and rejections in between I requested the full amount by cheque as I considered my account closed.
Looks like BC are suddenly getting a whole load of 'returning' customers?
No matter - will be filing N1 on Thursday.

Just looks like the deadline for Barclaycard to submit a reply to the N1 passed two days ago......

I'll phone the county court in the morning and check....

It appears that Barclays managed to get a reply into the court with just hours to go.


Oh well, just wait for the defence now

Just a further update (27/5/2007):

The deadline for 28 days after the service date for them to file a defence passed yesterday. Now unfortunately with the bank holiday, the courts office is now shut until Wednesday morning.

Following the advice of the clerk of court on Friday evening (When they were finishing and hadn't received any defence and were up to date with all their post ), I have completed the N205A and returned it to the court stating the defendant has not filed a defence. This was hand delivered and put in the courts postbox on the day.

Hopefully now the defence has missed their deadline and I can proceed to reclaim my cash by them defaulting

Guess who managed to sneak in a defence to the court over the weekend - and have it received late

Oh - and they haven't sent me a copy of the defence either

The court has kindly forwarded me a copy of the defence :

Some initial thoughts :

Para1 is completely irrelevant, as I filed against Barclays Bank

WHY ARE THERE TWO PARAGRAPH 12's ??

Why is the defence dated 23rd May 2007, when it wasn't transmitted to the court for another week ??

1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.

2. This defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

3. To the extent it is alleged that the Claimant incurred charges on the Claimant's account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

4. 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 credit limits and / or unauthorised borrowing and I or failing to make sufficient monthly payments to reduce the account balance by the required date).

5. It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date.


6. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.

7. If. and to the extent it is the Claimant's case that the failure to make monthly payments and lor 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 to the Claimant's account were payments that the Claimant agreed to make upon the events described above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and I or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant
to the Charges, as alleged by the Claimant. or at all, and I or that the charges are otherwise unenforceable.

8. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Conswner Contracts Regulations 1999, or are in breach of the Unfair (Contracts) Terms Act 1977, or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982.

9. It is further denied that any such charges unduly enrich the Defendant.

10. Further or alternatively, without prejudice to the matters pleaded above, if the Claimant's failure to make sufficient aCCOLmt payments by the required date and I or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable.

11. It is further denied that the Charges were unlawfully debited from me Claimant's account. 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.

12. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant's account.

12. The Defendant denies that it is liable to the Claimant for the surns claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the Defendant, those charges which were applied to the account prior to 27th April 2001 are not recoverable because they are time-barred under the terms of the limitation act 1980 in that more than six years have elapsed since the accrual of the cause of action.

13.In the alternative, and without prejudice to matters stated above, if (which is denied) the said Charges 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 contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract by failing to make monthly payments and I or failing to remain within the agreed credit limit. 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 to recover to the extent necessary such loss and damage as it 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 liability owed hereunder to the Claimant.

STATEMENT OF TRUTH
I believe that the facts stated above are true. I am duly authorised by Barclays Bank PLC to sign this statement on its behalf.

ROSEMARY TREVES BROWN
Solicitor
Barclays Bank PLC
Dated 23rd May 2007

Hi Elisedriver

Wishing you good luck. By the way that is on mine two, but I had a few more paras, than you cos my claim is with damages. However still a standard one.

You may get a aloocation Questionaire, however they are dispensing with them at some courts.

Garyh is the expert there with aq's.

Milly XXX

Ooooo

No aq, no £100 AQ Fee.

Just straight to Small claims court - with a court date of 20th August @ 12.00 in S****horpe .

As received :

DEPUTY DISTRICT JUDGE REVITT has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing or the claim will take place at 12:00 on the 20 August 2007 at S****horpe Court Centre county court. Laneham Street. S****horpe. North Lines and should take no longer than 1 hour.

The Court Directs:
Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing (These should include the letter making the claim
and reply).

The original documents must be brought to the hearing

The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

The Claimant and Defendant shall file at Court AND serve on the other side their statement and witness statement with their copy documents. Witnesses should attend the hearing.

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court musthe informed immediately if the case is settled before hearing.

good luck Elise Driver...I've just started with BC, so subscribing to your thread so that I can pre-empt their replies.

Cheers
Brad

Time for an update

Couple of nudge letters sent asking them for full amount and trying to get them to negotiate

Court bundle delivered last week

Barclaycard failed to submit any documents to the court before the date ( or 7 days after the date for that matter)


And today an offer for the full amount - although I haven't accepted as yet as I refuse to sign the confidentiality statement. Letter sent accepting offer but on my terms only.....



However, there is only 7 days until the court date - and I refuse to withdraw the court action until I have cleared funds in MY BANK account - and not in the closed barclaycard account.

Time for another update

Barclaycard have offered the full amount but with a confidentially clause attached.

I replied to accept the figure, but refuse the confidentiality unless they wanted to pay me another £75 for the privilege. However, when I replied by fax and by email..... I got an out of office message return.

The person dealing with my claim is out of office for a fortnight - so won't be back before the court date. So, I sent it again addressed to the person who was listed on his email for more urgent replies..... only to get a further out of office message.

They have until 4pm today to electronically transfer the money to my Natwest account - or else it will be a court attendance on Monday for the full amount, plus a wasted costs afterwards.

Back from court

What a load of ********'s that was.

Kept waiting for over an hour - and then called into the Judge. Barclays / Barclaycard did not turn up at all.

So, it should have been me asking for Judgement by having the defence struck out.

But nope - the court has lost ALL the paperwork to do with my case. The just refuses to make any judgement without being able to read the case file / notes etc etc. She even refused to strike them out for failing to attend as per the court order.

Instead, the whole thing is Adjourned for 14 days, with me to submit copies of all paperwork again.

Whats more, she had been informed by the Barclays solicitor for a previous case, that Barclays are applying for stays. I did however correct her that since this was a credit card case, then the OFT hearing did not apply. I gave her copies there and then prooving this - and she remarked she was not aware of this. FFS. Where the hell do they find these Deputy District Judges ??!?!?!??

So, not only have I just lost a whole days holiday, but I now also have the added cost of making 2 more 220 page court bundles, 1 for the court and resubmit to the defendant too !!!!

Now to book off ANOTHER days holiday and wast another couple of evenings sat in front of the PC printing



NOT A HAPPY BUNNY !