This is their response to my claim:1. Barclaycard is a trading division of Barclays bank PLC and not a legal entity in its own right.
2. The particulars of the claim are summary and do not provide details of the account held with the defendant. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. It is admitted that the Clasimant has previously received a refund of L208.00 from the Defendant on 26 February 2008 for alledged "default" charges applied to her account
4. It is admitted that the Claimant has incurred aditional charges on her account for unauthorized borrowings(whether late payments fees, exceeding authorised credit limit fees, or any other such fees the "charges", the defendant puts the Clasimant to stict proof of each charge and the date thereof.
5. It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the oligation to make payments by the required date.
6. The defendant's standar's terms and conditions ("Terms') gave the Claimant a fair and transparent view of the obligations and entitlements set out above, incuding the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.
7. It further denied that the Carges were unlawfully debited from the Claimant's account. 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.
8. It is denied that there was negligent. The Claimant has failed to explain and /or identify how the Defendants were negligent and further fails to explain what the "problem" is that she refers to in the particulars of claim.
9. It is denied that there was an "illigal withdrawal" from the Claimant's account. This matter has been investigated internally by the Bank and the claimant's allegations has not been proven and as such is denied.
10. Further, the Claimant's claim for compensation for frustation is denied.
11. The Claimant is put to stict proof that her credit rating was affected in any way by the defendant. Any detimental effects that the Claimant may hve suffered is respect of her credit rating wre consequences of the Claimant's mismanagment of her account.
12. The claim for consequential loss, including, but not lismited to, the costof investigating the claim and drafting letters to the Defendant, is denied. The Defendant further asserts that such sosts, which the Claimant is put to strict proof of, are not recoverable undr the Small Claims track as set out in CPR 27.14 or at all.
13. The defendant dies that it is laible to the Claimant for the sums claimed and interest, as pleaded or at all.
STATEMENT OF TRUTH ETC ETC.
i WOULD LIKE TO ADD FEW FACT HERE;
Last August 2007, a withdrawl of cash from my gold card was made at a Co-Op shop which i never visited except to top up my mobile phone.
Uppon reseipt of my statment with the withdrawal I contacted Barclays that maitnained that cash was received by a singnature. I visited the Co-Op and asked one of the managers if that was possible, they told me that there was no possibility that anyone could either had withdrawn the cash by a signature. They had a cash point which charged a fee, and which i did not use.
I wrote to Barclays with the findings, and told them that, I personally did not make that transaction and that no one else could have had the card. The gold card was issued in February, and I paid it in full every month up to the withdrawl of cash in full. They disputed the fact, and said that a pin was used and therefore I make the transaction, I wrote back and ask that they provide proof of that transaction taking place form co-op on several occations by recorded mail, they ignored it. On September 22ns, I mail them an account of the balance owed to them, finding that there were 300 pounds over to what it was charged in the account, so I told them that they needed to check my account and correct the balance agaisnt pafyments received which were wrongly deducted. No reply, I sen various e-mails which gave the same reply of loads of BS. We are sorry for the disatisfaction bla bla bla, no word on the correction of that amount. But since then, that 400 pounds were accumilating interest, that 300included the 100 pounds cash. I have written over 15 recorded mail letters which I received no answer. Then I send them a priliminary letter for an action taken in court, they disregarded the whole thing, I also asked them to have a dialogue with me prior to an action to correct the mistake, nothing the letter was send for the priliminary approch on 30/03/08, i gave them 14 days for reply. In response they send a letter for the 208 pounds claiming no resposibility.I filed on the 02/05/08 long after the period stated in my preliminary letter tothem. Up to that period I had received no phone calls or any other contact from them. After I filled, i was deluged with calls including the week ends late at night.
Finally I receive a call from (a female) asking various questions regarding my claim, that was few days before they filled their response. Then I send a request for aformal request for a credit agreement on 31st of may 2008 which ahs not been responded. The female that called me said tha tshe would mail these papers to me, I have not received them up to date, which makes them to bre in default I blelieve, after that I also mailed a letter telling them to stop calling me by phone23/06/08 on the basis of harasment. Also send a letter the 22/06/08 a letter about breach of the privacy act for passing information to a company for collections, merchers. I received theri letter on 19/06/08. That is how the situation stands up to date, when of course I received the court request for particulars of the case. Any how, I know that this is legthy and I am sorry if overbuden someone with it, any help provided will very much appreciated to write the response. I know verabally what I would like to say, however writting it in proper context is my problem. Thanks again