animaleyes76 vs Barclays

[animaleyes76]

Well, i've got hold of my statements and they owe me £1105.00 I've sent my request letter, waited 14 days and then the LBA and 14 days and so far only a letter of acknowledgement stating that they will contact me within their complaint deadlines (which they haven't)

 

Well.. we are now in N1/MCOL territory so let's bring it on. WIth interest and court costs (£120) it's now worth £1500.50.

 

Does this mean i will have to pay for the AQ form as it's over £1500.00 or does this exclude court costs?. I'm assuming it includes as part of the claim.

 

Filing N1 will have to wait a week or two till i get the funds to raise it! lol:(

[torigirl_uk]

Yes when its AQ time just like when you had to pay £120 for MCOL/N1 that will automactically be added on to your claim total, so just keep a note of it, so when they try and settle before hand you get the exact amount including costs incurred. Not sure if I answered the question? Does this make sense?

Tori

[animaleyes76]

It does indeed

 

Many thanks. I'm hoping i get a quickish court date after i file (finger's crossed)

 

Struggling to even get this far with Barclaycard and MBNA.. Grrrrrrr. but WILL persevere and get there in the end. Lot's of N1's on way lol

 

Thanks again

[madhouse5]

I beleive you only pay for AQ if your claim is over £1500 before interest and court costs.

 

Please anyone correct me if I'm wrong.

 

madhouse5:)

[animaleyes76]

Barclays are a load of jokers. After receiving an acknowledgement to my 1st request letter dated 27th Feb that they claim they received on 6th March (lies cos sent recorded) i just got another one stating that they are still in the process of of investigating and another 4 weeks but promising an outcome by 1st May.. Big of them as they HAVE to under FSA guidelines...

 

It's tough luck they haven't moved fast enough. Past all my deadlines.. Just waiting to file a claim in the next 2 weeks

[dar£n]

you will receive a letter with your AQ stating how long you have to return the AQ and if a fee is payable, I think in your case it will be, but this is simply added to costs, so no worries.

[animaleyes76]

Thanks for that

 

Wish I had the fee for the court fees NOW so i could kick it all off. Patience has never been one of my strong points.. As soon as i get my court date i'll be counting down the days/weeks

[dar£n]

have a read of my thread, although it was pretty straight forward, i did get messed around a bit towards the end, but hey thats history now LOL

[animaleyes76]

That's the bit i'm looking forward too though.. I get to "play the game" a bit instead of waiting for letters lol. I'm a bit of a sadist

[animaleyes76]

Received a letter from Barclays today saying all charges are justified etc etc but unlike most of you I didn't even get a partial offer.

 

Should I be anymore worried? Just seems strange.

 

MCOL to be completed in a couple of days

 

[animaleyes76]

FINALLY completed MCOL and paid my court fees.

 

I guess this is where the fun really begins. Feeling a bit nervous but a but excited too. 28 days before a response i expect..

[saintly_1]

timescale is 5 days to serve ... then 14 days to acknowledge ... 28 days from when deemed served to enter a defence

[animaleyes76]

Aw feck.. I have messed up on my mcol form by 30p for the interest. Is this bad enough for me for have to change it or not seeing as the interest will probably be there by the time I actually get my money..

 

GOD i am so mad at myself

[Trucker]

don't worry mate.... if the interest is wrong its up to barclays to prove it.. as long as the charges are correct then nothing to worry about

[animaleyes76]

Cheers. I typed £288.44 instead of £288.14. I could kick myself. Doh @ me

[saintly_1]

by the time they settle the amount of interest owed will be more than that anyway so dont sweat it

[animaleyes76]

Has anyone got a list of cases that Barclays have previously settled out of court? I thought that this could be useful for my court bundle if anyone has it

 

Many thanks

[saintly_1]

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[oneofakind]

they won't pick on an error of 30p. If they did, the judge would give them a right b******ing!

 

[animaleyes76]

Hi guys, here is my defence. Looks pretty standard to me but i would appreciate any of you that are prepared to look it over and confirm this. Sorry for the occassional US spelling.. Goddamn word kept changing every other word! Cheers

 

 

• The particulars of claim do not provide details of particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the claimant’s account for unauthorized borrowings (whether unpaid fees for returned cheques, “Paid Referral fees” or any other such fees)., the Defendant puts the claimant to strict proof of each charge and the date thereof.

• The particulars of claim are summary in nature. Accordingly , this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

• The defendant is entitled to charge the claimant for unauthorized borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarized)

• The Defendant’s right to charge a “Paid Referral Fee” where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25)
  
• The Defendant’s right to charge and administrative fee if a cheque , standing order or direct debit cannot be paid because of insufficient cleared funds in the account £35 per item (previously £30)
  
• The Defendant’s entitlement , if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorized borrowing rate on the excess balance

4 The defendant’s standard terms and conditions gave the claimant a fair and transparent view of those terms and the charges applicable for the unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorized overdraft limit)

 

5 If and to the extent it is the claimant’s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorized overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of the account and were consideration for the defendant advancing credit to the claimant. which the defendant was under no obligation to advance. The defendant was entitled to impose such charges an interest when the claimant incurred the overdraft.

 

6 Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of thee Unfair Terms in Consumer Contracts Regulations 1999, or are in breach of the Unfair Contracts Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s15 of the Supply of Goods And Services Act 1982 (or indeed any other provision)

 

7 Therefore, it is denied that the charges were unlawfully debited from the account.

 

8. If and to the extent that the claimant incurred charges on the account, this was caused by the claimant having gone into the overdraft without having agreed with the defendant an authorized overdraft facility or to increase the overdraft facility and / or failure to make payments to bring the balance of the account back into credit.

 

9. 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

 

10 The defendant denies that it is liable to the claimant for the sums 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 30 May 2001 are not recoverable because the are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the case of action

 

11 In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest 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 in allowing the account to go into aunauthorised overdraft . 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 its 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

[oneofakind]

Hi,

That's absolutely standard. you must have spent ages typing it all out (US spellings and all), but sadly there's nothing new there. Because their point 1 says you've not provided sufficient details (yeah, right!) send them another copy of your SOC's, making sure all your charges are clearly laid out. I know you've done it already, but they have a habit of 'losing' things.....

 

[animaleyes76]

Thought so, but nice to have it confirmed. Luckily I'm pretty good on a keyboard so it wasn't THAT bad.. Wouldn't want to do it again though lol

 

I figured that i'd have to send ANOTHER copy to them.. I swear they just put them in their shredders upon receipt.

 

Cheers again

[oneofakind]

you could well be right!

 

[welshcakes]

"I swear they just put them in their shredders upon receipt."

 

rofl ... so apt, animal, fair play!

[saintly_1]

They certainly dont belong to the save the rain forest