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alasarow

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  1. Thank you for your quick responses.
  2. Apologies for the delayed response. The bank has 28 days to file a defence from the time you submit to the court. Did you get a confirmation number? - if you did not get this, then it is not logged. If you did, then simply wait. I hope this helps. A
  3. I recieved a letter from the court today with the following defense statement from barclays - HAS anybody seeing this? - is this a scare tactic? - should I submit my documentation as a counter defense? - what should I do? 1. The paticulars of the claim do not provide details or paticulars pf the precise charges alleges to have been unlawful, or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his account for unauthorised borrowings (where unpaid fees for returned charges, "Paid refferal fees" or any other such fees), the Defendant puts the claimant to strict proof of each charge and date thereof. 2, The defendents standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrwoings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit) 3. If and to the extent it is the Claimants case that the failure to make necessary payments and / or failure to remain within the authorised overdraft limit, failure to arrange an overdraft limite constituted a breach of terms appying to the account and that the contractual entitlement to debit charges from the claimant account constitutes a lquidated damage cause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his/her account and were consideration for the defendant advancing credit to the claimant, which the defendent was under no obligation to advance. The defendant was entitlted to empose such charges and intrest when the claimant incured the overdraft. 4. Accordingly, it is denited that legal principles relating to liquidated damages clauses and penalty charges are relevant or application to the facts set out above. Further or alternativly it is denited that any such charges constitiute unlawful penalty charges or are in breach of the unfair terms in consumer contracts regulations 1999 (paticularly but without limitation to, paragraph 1(e) of schedule 2, or are in breach of the unfair (contracts) terms act 1977 (or any other provision) 5. Therefore, it is denied that the charges were unlawfully debited from the accout 6. If and to the extent the claimant incurred charges on his account, this was caused by the claimant having gone into overdraft withou having agreed to with the defendant and authorised facility or to increast the overdraft limit and his failure to make payments to bring thr account balance back into its credit limtit. 7. It is averred that the said charges and intrest are remain and lawful and enforecable and that the defendant was entitled to debit the same. Accordingly, the claimant is not entitled to a declaration by the court as to the enforeceability of the said charges. 8. The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges asserted by the claimant to have been applied to the account prior to 06th September 2000 would not be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of the accrual, pursuant to the limitation 1980. 9. In the alternatice, and withou prejudice to paragraph 6, if (which denied) the said charges and interest or any part of thereof are unlawful or unenforceable as alleged by the claimant or at all, the Defendant is unable to relay on its express entitlement to enforce the charges as set out in paragraph 2,3, it will seek to recover to the extend nexessary such loss and damage is actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums againt and liability owed hereunder to the claimant.
  4. Barclays wrote back to me today telling me that the regret I will not accept there good will gesture of £1000 and that I will proceed to the County Court. Could anybody help, I used the excel spreadsheet to calculate costs and intrest. What exactly do I put on the money claim! - suddenly I feel a little concerned especially after I read more threads. Have Barclays every turned up in court? has anybody lost?
  5. Hello initially asked barclays for 3k back. They said they would respond by 8th of August, they did not respond so I sent them a letter before action. They have today responded with an offer of 1000 in full and final settlement. What should I do - the letter came with a slip for signing and return in a prepaid envelope. This is amazing that they simply agreed to give the money back, they also reffered me to the terms and conditions, surely if I go to court they could use this against me? Please advise next steps. many thanks
  6. Thanks for the quick reply. I am going to do this on Monday. You would think that the banks are going to try and stop this? do you think they will get to a point where they will all just stop?
  7. Hi - I have searched the site before posting in relation to understanding what items to look for on the barclaycard statement. I assume only anything thats says - unauthorised overlimit fee The intrest on cash balance and other balances - do you claim any of these? many thanks A
  8. I will check to see if they cashed any money from my account. I told them to debit the account. I also sent a follow up letter. It was sent recorded but the problem is that the postman tore the first page out of our book! meaning I dont have the number. .. thanks for answering so quickly.
  9. Hello It is nearly 40 days and despite a couple of letters Barclays have not responded at all. I am going to take a letter into the branch today. Barclcard sent me some starements that have no values x 50!! I will send the letter followup but its appauling! A
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