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animaleyes76

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  1. Anybody have a template letter requesting judgement for non compliance out of interest assuming I get to the 13th with no response?
  2. Hi ukcrow. Well funny you should ask that question as yesterday I received a letter from Barclays litigation team stating that they intend to defend (at trial if necessary) and that expert witness maybe necessary. I thought that thye might do this. Either way looks like going to have to wait longer for the money with the test case and all *sighs* and i WON'T be happy if i don't get it back having forked out £220 on the fees.
  3. full defence.. standard stuff. transfered to guilford ad now awaiting the same directions as i got in my barclays case 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
  4. Yup that's the right addy. Barclays are just a nightmare. They have complained about the template this site uses on some cases. They just seem to pick random cases to be even more obstructive on . Your poc's could be ok but i'd let one of the 3 peeps i mentioned confirm. No worries re help, anytime
  5. Here is the example of the poc on here. They don't look THAT different. Did yours include your account number anywhere etc? I'd get someone else to advise you on whether you may have to submit an amendment form as I'm not as good on that stuff as some people on here ! Saintly1, Dar£n and Michael Browne where are you lol. Don't worry, one of them will see this shortly lol. You can use the spreadsheet on here and send an updated copy of your charges with interest to B'clays You only need to send the schedule of charges, not the copy of statements. As i say don;t worry because there are LOADS of good people on here! It's a learning curve for us all hey! God i sounded like a corporate [email protected] with that learning curve line lol. 1. The Claimant has an account xxxxxxxx xx- xx-xx with the Defendant, opened xx/xx/xxxx 2. Since x/xx/xxxx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxxx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £xxxx 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods andServices Act 1982. 7. Costs allowed by the Court.
  6. Hey Rachael, don't worry. the defence is pretty much textbook (pretty much the same as mine too). We are both pretty much at exactly the same stage. As part of the defence is that they do not have a copy of the charges you are claiming send another copy by recorded delivery to the barclays litigation team. What did you enter as your particulars of claim form (in relation to their first 3 poiints) They are basically stating that they are not detailed enough and are trying to have your claim dismissed by the court. Can you post on here asap? Most judges are getting rid of AQ's now as they waste time in these cases. No AQ fee should be payable in your case either as the claim is under £1500 Soon you will get a letter from the court with directions from the judge as to the action you need to take.. Don't worry at all! You are right to chase the whole amount as it is YOUR money! Barclays and the rest offer partial settlements because they want you to accept and a lot of people will as they don't want the hassle/scared of the possibility of court. Your directions usually give a court date and will tell you what to do next. Don't worry. When you receive them just post again on here if you are unsure. The main thing is not to worry (easier said than done i know) as there are PLENTY of really good people that will help you. As i said I am only slightly ahead of you. Check my thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/79699-animaleyes76-barclays.html Good luck
  7. I was kinda tempted to email the litigation team and say something along the lines of "Can you confirm if you intend to submit this document or are you willing to consider settlement " on the basis i know that they have NO intention of defending in court. Obviously making sure that I show that I AM going to take this all the way to whichever conclusion occurs first. Just be nice to have a letter from them in my bundle showing that they are deliberately abusing the process as well. The court will already know of course as they would have stated they were turning up and then not. Seems wrong to me that they can do this. Hmmmmm...
  8. Thought so but feeling stoopid today Cheers
  9. Thanks for that Michael. One last stupid question, I forward the witness statement straight away then ? Frustrating that they seem to be able to submit documents to court which they know are false and nothing will happen :-?
  10. Hi, I've just received my directions from Guildford County court and they look promising. My only questions are this. Is it worth me chasing the litigation team as although I do not have a court date I'm thinking that they will not submit the document requested by the court? The other question I have is in relation to point 5. Is this my witness statement or if i was relying on someone else and should i forward now or with the bundle? Much appreciated! 1. The claim is allocated to the small claims track 2. The hearing will take place at a place, time and date which will be notified to the parties. 3. The defendant shall not later than 4pm on 13 August 2007 serve on the claimant and lodge at court a document answering the following questions : a) Is the case to be contested to and at trial? b) Does the defendant intend to apply to adduce expert evidence. 4. If the defendant fails to lodge at court a document in accordance with paragraph 3 the defence shall be struck out and judgement will be entered for the claimant for the amount claimed, issue fee, and any allocation fee paid 5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely) 6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted 7. No party may rely on any evidence of any witness whose statement has not been served in accordance with this order and without further permission from the court. 8. No more than 7 nor less than 3 clear working days before the trial date the claimant shall file at court indexed and paginated bundle of documents which complies with the requirements of rule 29.5 of the civil procedure rules and the practice directions thereof and shall serve a copy of it on the defendant.;. The claimant shall endeavour to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall be struck out and the action dismissed without further order 9. Because this order has been made by the court and without considering representations from the parties etc, the parties can apply to set aside, varied or stayed within 7 days etc.
  11. Congrats . Beers on you! Wooooo
  12. From what i have read Judge Raeside is the only judge dealing with these at Guildford. Woo hoo
  13. Hi Lemma,1968 I just finished battling MBNA . The SAR part is going to be the most tedious I'm afraid. They are still in total meltdown. I just got letters replying to my SAR (for the 2nd time) despite them having paid my claim a few weeks ago. After that they will make an offer after your LBA, I got the rest when i filed in court (within 5 days) Hang in there no matter how long they drag it out (especially the SAR), you will get your money and there are loads of people on here that will support you (me included)
  14. good luck. I'm encouraged by the directions given by Guildford court. I was transferred there too and it's definitely looking better than some courts!
  15. Yup, the issue date is the date you made the claim. Add 5 and it is then treated as served (it confirms on your notice of issue that you will get from court) then 14 days to acknowledge and 14 more to defend. Hope that makes sense
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