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juliespinks

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Everything posted by juliespinks

  1. hi John just tried ringing this number 0207 1164753 to see about my claim if they wish to settle but it is an answering mahine . What number did you call. julie
  2. hi, minivan, let me know how you get on when you phone them i am ringing this afternoon , my court date is next wednesday>>>good luck!!
  3. Hi have court date with barckays on the 6th june sent them and court court bundle >>> no response yet!!!!! help hpe i dont have to go to court:confused:
  4. hi bookworm, I have a court date with barclays on the 6th june and my court bundle has to be with the court and barclays by wednesday so have a long night ahead of me. do i send all the six years statement or just the statemnts with charges on . any help would be appreciated julie
  5. Hi Jamie , Have noticed you seem clued up on the process for reclaiming bank charges. was wondering if you can help me please, got a letter from northhampton court today to say my case has been transferred to chester county court rang them today and they said they have a date for the 6th june2007 for court.. oh my god panicking now. would you be able to read through my defence from barclays and advise if i should continue this claim.. 1. the particulars of claim do not provide details or 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 claimants account for unauthorised borrowing whether unpaid fees for returned cheques "paid refferrel" or any such fees. the defendent puts the claimant to strict proof of each charge and the date thereof. 2. the particulars of the claim are summary in nature. accordingly this defence is summary in nature and the defendent reserves the right to amend this statement of case in due course. 3 the defendent is entitled to charge the claimant for unaouthorised borrowings by reason of its own standard terms and conditions. the claimant accepted the same when the accoount was opened including in particular but without limitaion the following terms and conditions which are summarised. a. the defendents right to charge a paid referrel fee, where the defendent pays an amount either by compulsion or election which causes the account to become overdrawn £30 per item {previously £25} b. the defendents right to charge an administative fee if any cheque standing order or direct debit cannot be paid because of insufficient cleared funds in the account £35 per item previously £30 c. the defendents entitlement if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. 4. the defendents standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorised limit. 5. if and to the extent it is the claimants case that the failure to make necessary payments and or failure to remain within authorised overdraft limits and or failure to remain within an authorised overdraft limit and failure to arrange an authorised overdraft constitutes a breach of terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitues a liquidated damages clause, the same is denied. the charges constitue payments the claimant agreed to make by reason of the terms and consitions of the account and where consideration for the defendent advancing credit tyo the claimant, whcih the defendent was under obligation to advance. the defendent was entitled to impose such charges and interest when the claimant incurred the overdraft. 6. accordingly it is denied that the legal principles relating to liquidated damage clauses and penalty charges are relevent or apllicable to the facts set out above. further or alteratively it is denied that any such charges constitute unlaw penalty charges or are in breach of the unfair terms in consumer contracts regulations 1999 or are in breacdh of s.4 of the unfair {contracts} termas act 1977 or any other provision or are unreasonabale 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 theextent tha claimant incurred charges on the account, this was caused by the claimant having gone into overdraft wihtout having agreed with the defendent an authorised overdraft facility or to increase the overdraft faciltiy and or the failure to make payment to bring the account back into credit. 9. it is averred that the said charges and interest are and remain lawful and enforecable and that the defendent was entitled to debit the same. 10. the defendent denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all. in the alternative the said charges are unenforcable and constitiuted a breach of contract by the defendent those charges which were aplied to the account prior to 23 march 2001 are not recoverable because they are time barred under the tems and of the limitation act 1980 in that more than six yerars have elapsed since the accrual of the course of action. 11. in the alternative and without predudice to matters stated above if which is denied the said charges and interest or any part thereof are unlawful of unenforceable as alleged by the claimant or at all and the charges were a consequnce of the breach of contract by the claimant the defendent has nontheless sufferd loss and damge as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. accordingly in the event that the defendent is unable to rely on its express entitlement to enforce the charges a set out above, it will seek to recover to the extent necessary such loss and damge as charges, and the defendent seeks to set off such sums against any liabbility owed hereunder to the claimant barclays bank plc. oh my god sorry about spellings still shaking what do i do..help........... julie
  6. Hi there, I have checked my money claim today and it says that barclays are defending the total amount they owe me and that i will be hearing from the courts. How long will it be beofe they get in touch with me?/ I am starting to panic now will it go to court???? any advise would be grateful thanksi
  7. hi there, thought id say hello i am new to the forum, I have posted a claim online fro £2149.13 plus interest to barclays on the 23/03 /07 awaiting patiently(not) for reply . Will they defibnately reply to the claim? will they send me a letter first or contact the court?? :-| is it 14 days in total i should hear or 14 working days from the 23/03/07????
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