Thread: PT2537s O/H V. Barclays ***WON***

Hi Everyone,

Along with taking on lloydstsb and the woolwich, we have decided to have a go at Barclays. my other half had an account with them and when we sent them a SAR the statements they sent showed she had been charged over 1600.00 so we sent the usual preeliminary and lba letters and got the usual "crawl back under your rock and die" response, so we filed the N1 form at the end of march. Barclays have defended the claim and have entered a defence which we received today.

in the defence it says that we are time barred from claiming anything from before 27 march 2001. however we sent the first letter asking for the charges back on feb 28th 2007 so if i am right the charges which we are claiming from 6th march 2001 are inside the limitations act and we can claim? i assume that the defence is a standard defence, it has 11 points and starts by saying that the "1. particlualrs of claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof." it looks very much like the same sort of defence like Lloyds used in my case but i just wanted to check to be sure. another point that is of concern to me is point 11 which says if it is the case that "the defendant is unable to rely on its express entitlement to enforce these charges as set out above,it will seek to recover to the extent nessary such loss and damage as it actually suffered which will not nessarilly be limited to the value of said charges and the defendant seeks to set off such sums against any liability owed hereunder to the claimant"

can anyone tell me if this is normal for these points to be included

thanks

paul

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Hi oneofakind,

thanks for that,

i must admit i thought that would be the case but i just wanted to check to put the other halfs mind at rest.

do you have any idea on the issue they raise about us being time barred? as i put in the message , i thought that we are ok as we wrote to them on the 28th feb asking for our money back which was before the first charge we are claiming became 6 years old and as far as i was concerned we are inside the statute of limitations but they seem to think otherwise

thanks again for your help

paul

hi oneofakind,

thanks again for your help

paul

well, recently spoke to [NAME REMOVED] at Barclays, she said that they would be settleing shortly and i did not need to file my bundle but i dont want to let my guard down so i am going to prepare my bundle. can anyone tell me if there is a ready prepared witness statement for barclays claims? i found one on the Lloyds forum that Gary H had prepared but i was wondering if there was one specific for barclays


any help would be great

Hi Oneofakind,

yeah we have a court date set for the 17th august, i have done the bundle but its the witnes statement which is causing me the headache, i was looking at amending GaryH's one to suit but i dont really have the time at the mo as im a 2nd yr (mature) law student as well i have a young family and i work full time as well so time is limited.

thanks for your help


paul

Hi Everyone,

does anyone have a complete contents / list of what documents are needed in a court bundle for Barclays,ive downloaded teh CAG bundle and added my statements and letters i sent to barclays and their replies but im not ure what else to include.


any help would be great


thanks
paul

Hi saintly

cant find them anywhere so i had almost given up on looking for them, her account was opened around march 2001 and it was a basic account which was upgraded to an additions account in feb 2002

is there anything else i need apart from T&Cs? do i need to include a copy of my N1 and otehr court correspondance or is that not needed

regards
paul

Thanks Saintly

I was wondering though, the account was a basic account in march 2001, it wasnt upgraded to additions til 2002 so would the 2001 T&C's be ok to use or would i need a copy from the year the account was opened and ones for a basic current account?

paul

well,

VICTORY

My other half recieved a cheque for settlement of her claim. we have been in negotiations with Sharon Daboul who took over from [NAME REMOVED], Sharon was excellent, she was very helpful and very understanding

our court date was 17th august but we are going away to austrailia in a week and we spoke to Barclays on the off chance that they would settle and they did

good luck everyone else who has claims going v. Barclays. ive only got the woolwich to go them my claims are finished


regards
paul

Thanks Saintly 1

couldnt have done it without the CAG and the people who help and offer advice. whne we have got all the funds from our claims in the bank we will be making a cash donation to the site

thanks

paul

CONGRATS
PAUL ON YOUR WIN ENJOY THE MONEY HAVE FUN IN AUS.

volks23

PT Congratulations. Enjoy the extra spending money, Slick