Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent my SAR a few weeks ago, recieved my satements back to 04 along with the standard Fiche B*!!*cks. Sending prelim later today with a short paragraph stating that the amount will increase when I recieve the rest of my statements.
Does anyone know if Barclaycard are defending contrctual interest?
OK, recieved what seems to be a standard money minus £12 offer. Cheeky blighters, they can't even be bothered to see if my account is open or not, letter says "if your account is already closed" Anyway. lba can now be sent early so it's going tommorow. Not claiming CCI although the numbers were attractive!
Its your choice of what to claim, but ii think you're robbing yourself if you don't go for the Contractual interest, as it can add up to a considerable amount. I've not read anywhere of anyone not winning this amount back, but they do say you must claim it from the start (how true that is i don't know as only once you file is it really legally in dispute)
After sending lba recieved what appears to be a standard, "go see the Ombudsman, we're not paying" letter so I suppose I'm off to court. Must say I'm surprised at how quick this is happening. Lloyds are a nightmare compared to barclaycard. It's a nice surprise to actually recieve a response from a bank, even if it's a poor one. Thanks skunk may well consider sending final LBA with contractual included. The numbers are very attractive!
Recieved the last of the SAR info this morning. Another £120 to add to the claim. Have also decided to try claiming CI. Don't see why I should get back less than I paid. New total £585.77 and counting at 45 pence a day (1 and a half pints per week ) Due to file in court 4th June.
So after sending final lba last week I recieved............ Some more copies of my statements. Same ones as I got last week. At least I'm getting my tenners worth, in A4 paper alone Roll on 6th june!
Update. Recieved a payment of £120 which I have accepted as part payment. If you're reading this, Thankyou Barclaycard, you've given me just enough money to file a claim against you and tocapitall 1. Final lba deadline with CCI is 6th June. Off to court on Wednesday. N1 forms already done. Claim with deducted GOGW is £518.70 inc court fees.
Recieved notice of acknowledgement this morning. 14th June. Strangely enough it was sent to me by a company that sell granite worktops Apparently the court had put it in their claim form envelope. Nice of them to forward it though
Ok then. Got a defence today from Barclacard. It has 15 points and seems full of the normal bank type rubbish but if anyone could point me to a standard Barclaycard defence so I can check it I would be grateful. Will have a serach too. Also got an allocation questionare to complete too. Was hoping this would be dispensed with. Have helped a friend do his so I have a rough idea of where I'm going with it but was wandering if I needed to put anything in re contractual interest as it has been identified in the defence on point 11. Any help appreciated
Ok then. Got a defence today from Barclacard. It has 15 points and seems full of the normal bank type rubbish but if anyone could point me to a standard Barclaycard defence so I can check it I would be grateful. Will have a serach too. Also got an allocation questionare to complete too. Was hoping this would be dispensed with. Have helped a friend do his so I have a rough idea of where I'm going with it but was wandering if I needed to put anything in re contractual interest as it has been identified in the defence on point 11. Any help appreciated
Hi
I have received a Defence today and is as follows:
1.Barclaycard is a trading division of Barclays Bank Plc and not a legal entity in its own right.
2. The Particulars of Claim are summary and o not provide sufficientdetails of the account held with the Defendant. Accordingly, this defence is summary in nature and the Defendant reserves rthe right to amend this Statemente 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 qany other such fees(the "Charges", the Defendant putws the Claimant to strict proof of each charge and the date thereof.
4.The Defendant'sstandard 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 sufficient monthly payments to reduce the account balance by the required date).
5. It is responsiblity of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligations 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 in paragraph 4 above, including the basis on which the Defendant would be entitled to debit the Charges fro the Claimant's account.
7. If, and to the extent it is the Claimant's case that the failure to make monthly payments and/or failure to remain within the agreed credit limit constitutted a breach of the Terms, and that the contractual entitlement to debit the Charges to 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 at paragrapoh 4 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 as alleged by the Claimant, or at all/or that the chargews 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 Consumenr Contracts Regulations 1999, or are in breach of the Unfair Contract Terms ASct 1977, or are unreasonalble within the meaning of s.15 of the supply of Goods and Services Act 1982.
9. Further or alternatively, without prejudice to the matters pleaded above, if the Claimant's failure to make sufficvient account payments by the required date and/or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defeendant avers thatg the Charges were nontheless valid and enforceable.
10 It is further denied thay the Charghes were unlawfully debited fron the Claimant's account. It is acerred that the saqid charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same. 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 thay is is liable to the Claimant for the sums claimed an interes, as pleaded or at all.
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 teh Claimants 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/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, adn the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.
It's almost the same. I have a point 11 which basically says I aren't entitled to contractual interest. I also have another clause which claims they have not been unduly enriched, that bit really made me laugh. Thanks for that. Good to know it's almost standard as I'm sure it is for you. I'll subscribe to your thread cos you're nearly there by the looks of it and it has lots of info. Thanks again
Trev Vs Barclaycard
a few weeks ago, recieved my satements back to 04 along with the standard Fiche B*!!*cks. Sending prelim later today with a short paragraph stating that the amount will increase when I recieve the rest of my statements.
Reply With Quote
Anyway. 
) Due to file in court 4th June.
Re: Trev Vs Barclaycard
Apparently the court had put it in their claim form envelope. Nice of them to forward it though 
Originally Posted by jshtr3
