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Tipsy0nBacardi

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Everything posted by Tipsy0nBacardi

  1. Keep to this thread cogley else it gets confusing for people following your threads if you've got threads all over the place. Try ringing them, what have you got to lose
  2. I'd be giving the litigation team a ring I think if I was you Andrew, might save yourself some paper and ink I think the defence is supposed to scare us, unfortunately for them i've got 4 kids so i'm not easily scared lol. As for my boy he was running around 2 hours after his op as though nothing had happened, he puts us adults to shame lol, thankyou for asking. Good luck to you as well, i'll be watching your posts to see how you get on
  3. And we are saying liar liar pants on fire lol
  4. That is it we are asking them to prove that it really costs them £30 when we go over our limits or they dont pay something out
  5. Hi and welcome nic. Good luck
  6. Go into the user cp at the top of the page then click on edit avatar then you can download something from your computer into it
  7. I received my notice of transfer and defence this morning so i'm waiting on a court date now.
  8. I've got to admit thats the bit i'm not looking forward to, hopefully we can get them to pay up before we have to.
  9. You have just made my morning Peter lol I have just emailed Krysta Cambell to ask who is dealing with my claim so I can send yet another schedule of charges directly to them. Am off now to plant a tree as I feel so guilty about all this photocopying lol
  10. There are people on here cogley that have spoken to the litigation team on behalf of someone else, you've got the claim number its worth a try
  11. Might be time to give the litigation team a ring Barclays Litigation Team Good or Evil? You Decide.. - Consumer Action Group
  12. Notice of transfer arrived this morning along with Barclays sad excuse of a defence!! Its been transfered to Northampton court before district judge Murdoch, aq has been dispensed with (yay). The defence seems about normal! 1. The particulars of claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been lawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the claimants account for unautherised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or other such fees), the defendant puts the claimant to strict proof of each charge and the date thereoff. 2. 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. 3. The defendant is entitled to charge the claiment for unautherised borrowings by reason of its standard terms and conditions. The claiment acceptedthe same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summerised): a. The defendants 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). b. The defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficiant cleared funds in the account - £35 per item (previously £30) c. The defendants entitlement, if the claiment becomes overdrawn without an overdraft limit, to charge interest at the unautherised borrowing rate on the excess balance. 4. The defendants standard terms and conditions give the claiment a fair and transparent view of those terms and the charges applicable for unautherised borrowings (including where the account is overdrawn without an overdraftlimit or where the claiment exeeds the autherised overdraft limit). 5.If and to the extent it is in the claimants case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits and/or failure to arrange an autherised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a luiquidated 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 and interest when the claiment 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 the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1 (e) of schedule 2) or are in breach of s.4 of the Unfair (contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 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 the claiment incurred charges on the account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an autherised overdraft facility or to increase the overdraft facility and/or the 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 denies that it is liable to the claimant for the sums claimed and interested 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 applies to the account prior to 30 april 2001 are not recoverable because they are time-barred under the terms of the Limitations Act 1980 in that more than six years have elapsed since the accrual of the cause 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 claiment, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unautherised 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 it 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. Oh and I received a handy little leaflet about mediation lol
  13. I would just give them a ring and tell them its settled
  14. I've always been under the impression you can only add on charges up to the applying to court stage, if thats so then you can chance your luck and ask them to cough up the extra charges when they settle rather than you starting another claim.
  15. They tell everyone at the beginning they're not going to pay in the hopes you will give up, keep going you'll get there in the end
  16. This one pov 3. Letter before action - Consumer version - asking for it back - Consumer Action Group
  17. Thats true, my poor little printer is really suffering the stress of a barclays claim though lol
  18. How many spreadsheets exactly do Barclays need to see!!!!
  19. forgot this its the only contact list I look at lol Barclays Litigation Team Good or Evil? You Decide.. - Consumer Action Group
  20. It all adds up though if you do take them to court
  21. Thanks saintly, I need it, although I have no intentions of giving up without a fight lol
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