Thread: Leslie Vs Barclay Card

Starting my claim for £160 tomorrow. After reading the posts ive decided not to request my statements- ive got all off them since 2003 anyway. Rather than giving them 28 days ive decided to give them 21- the normal 14 day before court action letter but an extra 7 days for them to acknowledge i am starting a case against them.

Hopefully if things go to plan, i will then ask for my statements prior to 2003- hoping this way they might take the complaint seriously.

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cant be bothered/ haven't got the money to send of for the dpa- and from what ive read barclaycard seem to be very backwards in coming forth with the statements. I also doubt there will be any charges before 2003 anyway. Sent it of to today- 21 days it is. May be cheeky but because of the hassle ive had with this account, i fully expect this to reach court.

sod off letter from Barclaycard today telling me they appreciate my 'complaint' and are taking it very seriously- coomplete with information leaflet on how to complain. I can see where this one is going.

Hi all- a update on my case

After promising to get back to me before the end of June I finally put in my claim against Barclaycard which would be deemed as served on the 17th of July. Conveniently, Barclaycard have now written to me today claiming to be responding to my previous letter.

Anyway the same old story- they are sorry I feel the charges are unfair, they believe they are yadayadayada. They are prepared, as a good will gesture to refund the difference between the charges and the £12 fee recommended by the OFT. Just £42! They also claim this takes into account previous refunds in charges.

What rubbish. Yes I have had previous refunds which I’ve had to fight for including to recent ones. My card was used fraudulently in a pen shop in Oz- this pushed my balance over the limit, was paid immediately but I still got 2 charges within 10 days of each other, of course I was going to complain.

I have heard nothing from the court. Even though they say they are refunding the money to my account immediately should I still wait to see if they acknowledge the claim? Also since the money came out of my pocket I don’t see why I shouldn’t get it back this way rather then to my credit card. Can I ask for this/ is it my right?

Barclaycard had till the 31st to acknowledge the claim and have done so. Luckly ive now found my statements from when i opened th account so will be writting to them to ask for the rest of my charges back.

Well 'Don Quioxte' Im not too confident about this not reaching court. Ive now being sent an allocation questionaire to return by 15 Septemeber. I will post Barclays 'defence' tomorrow. They've also stopped requesting my direct debit to pay my monthly payment- could they be trying to make me look bad? Please read tomorrow and till be what you guys think.

Ok a court date has been set for 17th November. Here is their defence:

1. Barclaycard (BC) is a trading division of Barclays Bank plac and not a legal entity in its own right.

2. They admit i have an account with them. Extent that it is alleged claimant has occured charges for unauthorised borrowings is admitted that such charges where debited form the account. however defendant puts the claimant to strict proof of each charge and thereof.

note: i take it my proof is my credit card statements???

3. Defendants terms and conditions- have been accepted--

4. Responsibilty of the account holder to monitor account and ensure payments made on time.

5. Terms are fait and transparent view od the obligations and entitlements set out in paragraph 3 above including when chrages will occur.

6. if claimant does not make/ to late/ monthly payment- constitued as breech of terms- charges from the account constitues a liqudated damages clause is denied. it is denied the the legal prionciples governing the enforceabillity of liquadated damges clauses applies or is relevant to the cahrges as alleged by claimant.

7. Bc deny charges are unlawful and/or breach unfair terms in a consumer contracts regulations 1999 ot 1996 or any other provision.

8. i broke the terms and conditions by failing to make payments or not making them in time so defendant avers that the charges were nonetheless valid and enforcable.

9. bc deny charges were unlawfully debited form account.

10. dbc say they are entitled to debit any charges from the account.

11. they edny charges are unduly enriched.

12. they deny they are liable fo rt he sum slaomed and interest as pleaded or at all.

13. in the alternative, and without prejudice to pararagrah 9 above, which is denyiedd- bc has suffered loss so will seek to recover actual loss.

Thats the quick version.
Do i still have a case? while they deny this they have already refunded about £40 onto my credit card with out accepting liability- apparently this is the differnet between each charge and the limit the oft ste- i.e charge for £20, oft say £12, so they have givin me £8
what do u guys think?

need help

hi

i haven't put together anything yet starting this now. As far as i know there was no dead line for submission but i haven't been able to concentrate on this case until now so im hoping it will be straight forward.

Great news- Barclay have agreed to stop the case and pay the full amount.

Also i have let the credit card go £50 into arrers- they are also offering to pay £15 on my behalf if i pay £35!

Will post the letter later for t hose of you in the middle of taking action against Barclaycard!