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.
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HI THERE, THE USUAL STORY, BARCLAYCARD GAVE ME ONLY PORTION OF MY CHARGES BACK. I ISSUED A COURT CLAIM AND THEY HAVE NOW DEFENDED IT... I HAVE RECENTLY WON WITH OTHER BANKS ETC, BUT HAVE NEVER EXPERIENCED WHEN THEY DEFEND THE CASE. WHAT SHOULD I DO NOW!??? PLEASE HELP ME WITH THE PROCEDURE. MOREOVER I WANTED TO CLAIM THE interest BUT COULD NOT PUT DOWN AN AMOUNT AS I WAS NOT NOT, AT THAT TIME, IN RECEIPT OF MY STATEMENTS SHOWING EACH CHARGE DATE, CAN I ADD THE INTEREST WHEN I GO COURT AS I DIDNT REQUEST IT IN MY ORIGINAL CLAIM?? ANY ADVICE WOULD BE GREATLY APPRECIATED AS IM OUT OF MY DEPTH.
Don't panic! Is your claim in England or Scotland? I am currently helping my sister persue a claim against Barclaycard in Scotland, and they put in a defence. My sister went to court on the day of ther hearing to find that no-one from Barclaycard, Barclays Bank or their solicitors turned up.
The Sheriff issued a 'decree' in my sister's favour. Apparently, she may have to back to the court to have the decree enforced should Barclaycard not pay up.
From what you say in your post you need your statements. Often you can get these by going into your branch with your SAR (& the £10 maximum fee).
If you did not have your statements at the time you issued your claim, how did you calculate how much you were claiming for?
I think you need to look at your N1 carefully (or did you do this on-line?). Then read the guidelines of making a claim available from the courts (or probably on-line). You may wish to pay particular attention to anything that mentions 'amending your claim'.
If you wish to calculate interest from the date of each charge then take a look at the spreadsheets available on this site. Bear in mind you need to be able to justify in court why you are entitled to thedse amounts. In the alternative, you are able to claim statutory interest at 8% - not both.
Barclaycard appear to be reluctant to settle claims outside of the courts. Look at the material on this site that is relevant to 'wasted time'. If they fail to turn up at a hearing, or you have given them ample opportunity to settle with you - you might want to consider using the phrase 'vexatious litigants' I think this is the correct term.
hI, THANKS FOR THAT. THE CASE IS IN ENGLAND. I WANT TTO KNOW WHAT THE PROCEDURE IS NOW, WILL I HAVE FORMS OT FILLOUT, IF SO WHAT DO I PUT??? I KNEW WHAT MY CHARGES WERE BEFORE FILING THE CASE BECAUSE BARCLAYCARD TOLD ME OVER THE PHONE I HAD 41 CHARGES AT £20. THE STATEMENTS I HAD AT THAT TIME SHOWED 20. I DID NOT PUT DOWN THE interest AS I COULDNT CALCULATE IT AT THAT TIME. PLEASE HELP ANYONE
4. What paperwork did you receive from the court when you were informed that Barclays had entered a defence?
5. Has a date been set for a hearing? If so, which court.
Andy Mc1
Hi Any Mc1
thanks for your time, firstly i have nearly all my statements, just one months missing or so. i originally only received a portion of my statements, like a lot of other people, microfiche excuse etc, but i was told over the phone about the total of my charges, whcih amount fo £820. They refunded me the old crap of the portion etc etc, only £8 refunded per charge. I constantly told them i refused this and called and wrote to them. I was told by one idiot at Barclaycard (unfortunately didnt make note of his name, but have the date and time etc), that if i send them back the statements showing each charge, then they will refund me everything. I included this fact in my claim cause as far as im concerned, it is a verbal statement and im holding out on that fact. I never thought it would go to court as i have won 5 cases so far.
I am still awaiting copy of their defence and court date. Have you had similar dealing with barclaycard? They are a royal pain in the ass as they are the only ones being obstinate. It pains me to admit ignorance from this stage onwards.
Moreover, when i issued the proceedings, i did not enter the interest, as I was not in receipt of all the charge dates. Can i add this on now i have most of them?
Will i have to fill out another form? Pay further fees? If Barclaycard win will i have to pay their legal costs??
I'm pretty sure there is a procedure whereby you are able to amend the details of your claim prior to the hearing - in Scotland (where my sister is claiming) is different this is called an 'incidental application'. I'm sure there is an English equivalent.
I wouldn't rely upon anything that is not in writing if you have to appear in court. I'm even somewhat sceptical of emails. The Banks are big organisations that either deliberately, or by error, often give out misleading/and or contradictory information. It might be, for example, the guy you spoke to on the phone simply 'got it wrong'. Far better to carry out all communication in writing - you have a record, and the advantage of having tiome to think about what you really want to say.
Probably the best thing to do to get up to speed on court procedure is get the book advertised on this site - I've got a copy but haven't got it in front of me. From what I can remember it's pretty good on small claims procedures. You are lucky that your claim is issued in England and not Scotland - the upper limit for small claims is £750 in Scotland.
I can't remember if there is a cost attached to any amendments - if there is, claim that as well. There will almost undoubtedly be further forms to fill in - such is life!
In the light of the recent setback at a district court in Birmingham (Lloyds Bank successfully argued that their charges were for services, rather than penalties), you should also get hold of all the details of the Terms & Conditions that Barclaycard has applied to your account since you opened it. You can get contact details etc from the Barclaycard thread on this site. The Terms & Conditions are important because it is these that allow you to argue that bank charges, and credit card charges, are penalties and not services. You need to read these very carefully and identify exactly which clauses support the 'breach of contract' argument, which ultimately is the legal principle that you are relying upon. I'm not a Lawyer or legal professional by the way . . . . so any advice given is merely my own opinion, but I hope you find it helpful.
Barclaycard Entered Defence Aaargh!help
BUT COULD NOT PUT DOWN AN AMOUNT AS I WAS NOT NOT, AT THAT TIME, IN RECEIPT OF MY STATEMENTS SHOWING EACH CHARGE DATE, CAN I ADD THE INTEREST WHEN I GO COURT AS I DIDNT REQUEST IT IN MY ORIGINAL CLAIM?? ANY ADVICE WOULD BE GREATLY APPRECIATED AS IM OUT OF MY DEPTH.
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Re: Barclaycard Entered Defence Aaargh!help
Originally Posted by Andy Mc1
