Arghhh, I hate reading legal cobble-de-gook. Barclays defence seems standard.
1. The particulars of the claim do not provide details ... or date thereof... strict proof of each charge...
I've seen this on Welshie's thread. I sent them schedule at 1st request and at LBA, I also sent one (inclusive of interest at MCOL stage).
2. The defendant is entitled to charge the claimant...
Anything and everything?
3. We're really standard and transparent...
4.If and to the extent it is the claimant's case that the failure to make necassary payments...
I get this one, it's all my fault so I should put up with it.
5. Accordingly, it is denied that the legal principles...
Are they still claiming that they are acting/ have acted within the law?
6. Therefore, it is denied that the charges were unlawfully debited from the account.
As per 5?
7. If and to the extent the claimant incurred charges on his accout this was caused by the caimant having goe ito overdraft without having agreed..
Again, it's all my fault.
8. It is averred that the said charges and interast are and remain lawful...
We think not.
9. 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 lternative, which is denied, the charges asserted by the claimant to have been applied to the account prior to 31 Octover 2000 would nt be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act 1980.
Am I right in thinking that I can claim from the date I became aware, 11 September was the date of my first letter (of the top of my head). And the first charge I am reclaiming is in September 2000? Do I need to say something about this in the 'other info' bit or should this wait until preparing for court?
10. In the alternative, and without prejudice to paragraph 6...
Say what now?
If anybody needs me to type this out in full I will do, but it all seems to be like everyone else's, although I do recall them stopping short on sentances which isn't happening anymore.
Should I put this into the other info bit
"I am respectfully requesting my claim be heard via the small claims
track. This issue is not a complicated one; it is an issue of fact and
not of law. The issue is only whether the money levied by the
defendant in respect of its customer’s contractual breaches exceed
or even reflect their actual costs incurred. I am happy to pay their
actual costs and I am surprised the defendant did not counterclaim
for these, as I would have paid them without argument. However,
the continuing problem is (in common with the hundreds of other
cases currently being brought by other bank customers) that the
banks are refusing to reveal the details of their penalty-charging
regime, and that the charges they apply to accounts for exceeding
overdraft limits and so on are entirely disproportionate to the
actual costs the banks incur. As the banks have a fiduciary duty
towards their customers, they have a duty to deal straightforwardly
and in utmost good faith. Accordingly, I would respectfully ask that
the court in this case, not withstanding allocations to the small
claims track, order standard disclosure. I understand that it is in
the courts discretion to do so. I believe this would bring a rapid
end to this litigation. I have attached the schedule of the charges
I am claiming for to this allocation questionnaire to show a
breakdown of the amounts for the courts perusal.
I believe the case will take no longer than 1 hour".
Thanks to Welshman's thread for this.
I'd like to get this to the court (Bow County) as soon as possible so if anybody is out there with some advice it would be appreciated as always.
Thanks once more.