Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. a letter arrived on saturday from barclays offering me full settlement plus costs of £809.25 for my first claim against barclaycard. i was quite surprised myself as my pre trial was supposed to be in two weeks and i thought barclays would drag it out for as long as possible.
  2. i recently wrote off to GE requesting two lots of charges from two accounts held and to my surprise they paid up the full amount of £456 after just the prelim letter. its a shame all banks do not pay up this quickly.
  3. on friday i received notice from the courts that cap 1 had filed a defence to say they have paid out the claim in full. then on saturday i received a letter from cap 1 saying that i should have my cheque for £1546 within 14 days. i will cancel the court proceedings once the cheque has cleared and is in my bank.
  4. following my letter from the courts last week saying that the aq should be dispensed with, i received another letter today, this time from my local court and to my surprise there was an AQ in the envelope for which i have taken to the court this morning. has anyone else a letter saying that the AQ should be dispensed with and then later received one through the post?? Also is the defence that barclaycard entered standard for eveyone? i only ask because point 1 has got me a little worried that i have put the wrong name on the claim. can someone clear this up for me as i am to submit a different claim for another barclaycard i hold and wouldnt want to file it incorrectly.
  5. i see yeah, its thrown me a little because where i claimed before against barclays i had to complete an AQ and this time i dont. do i now just wait for a court date? and secondly it was against their bank last time not barclaycard so im just wondering if this is a standard defence that has been entered
  6. i might be being stupid here but i looked at the contact address for citi and all its seems to be for is the data protection one. where should i send prelim letter to?
  7. i have received a copy of the defence from barclaycard and with it a notice to say that the AQ has been dispensed with at my local court. What happens now then? Also follows a copy of their defenc, is it any different to what others have had or is this just a standard defence? their defence: 1. barclaycard is a trading division of barclays bank plc and not a legal entity in its own right. 2.the particulars of 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. to the extent it is alleged that the claimant incurred charges on the claimant's account for unathourised borrowings (whether late payment fees, exceeding overdraft credit limit fees, or any other such fees (the "charges"), the defendant puts the claimant to strict proof of each charge and date thereof. 4. The defendants standard terms and conditions ("terms"), which the claimant accepted upon opening the account, entitle the defendant to debit the charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and/or unathourised borrowing and/or failing to make sufficiant monthly payments to reduce the account balance by the required date). 5.it is the responsability of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date. 6. the terms gave the claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the defendant would be entitled to debit the charges from the claimants account. 7. if, and to the extent it is the claimant's case that the failure to make monthly payments and/or failure to remain within the agreed credit limit, constituted a breach of the terms, and that the contractual entitlement to debit the charges from the claimant's account constitutes a liquidated damages clause, the same is denied. The charges applied to the claimants account were payments that the claimant agreed to make upon the events described by reason of the terms. Accordingly, it is the denied that the charges or any charges constitute unfair and/or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the charges, as alleged by the claimant, or at all, and/or that the charges are otherwise unenforceable 8. futher 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). 9. further or alternatively, without prjudice to the matters pleaded above, if the claimants failure to make sufficiant account payments by the required date and/or to remain with a pre agreed credit limits constituted a breach of the terms, the defendant avers that the charges were nonetheless valid and enforcable 10.it is further denied that the charges were unlawfully debited from the claimants account. it is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitiled to debit the same. 11. accordingly, it is averrd that the charges are legally enforceable and the defendant was entitled to debit the charge from the claimants account. 12. the defendant denies that it is liable to the claimant for the sums calimed and interest, as pleaded or at all. 13. in the alternative, and without prejudice to matters stated above, if (which is denied) the said charges 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 claimant, the defendant has nonetheless suffered loss and damage as a consequenceof such breach of contract by failing to make monthly payments and/or failing to remain within the agreeed credit limit. 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 reover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the valueof the said charges, and the defendant seeks to set off such sums against any liabilty owed hereunder to the claimant.
  8. i only ask as my mcol was acknowledged at the end of last week and it was well before their time limit to do so.
  9. they might have done but as my card was paid up a while ago so they'll have to send me a cheque anyway because my card will be in credit then. i dont think its just abbey that pay straight on to the card, it happened with my barclaycards aswell.
  10. i today receieved a offer from captial one, but also at the same time which come through the letter box much to my amusemunt was a letter which started " Thank you for writing back to me about my offer to refund £434 of the fees we've added. im sorry to hear you feel my offer isnt substantial enough" how could i have rejected their offer when it only came through this morning? anyway time to start mcol.
  11. i today receieved a offer from captial one, but also at the same time which come through the letter box much to my amusemunt was a letter which started " Thank you for writing back to me about my offer to refund £434 of the fees we've added. im sorry to hear you feel my offer isnt substantial enough" how could i have rejected their offer when it only came through this morning?
  12. i was going to file my court claim anyway, i just thought it strange not to have heard anything from cap 1. when you say they only pay up once you serve this, would this be like barclays where they pay up about a week before the court date or do they usually pay up sooner than that?
  13. thanks for the congrats. Now for barclaycard x2, cap1, mbna, GE x2 and abbey. hopefully they wont get dragged out as long as this one has
  14. it does. i received the cheque last wednesday and its showed up on my account today. the cheque was for £2086.76 which included interest and court costs. thinking back at it i shouldve asked of they wanted to pay up for my two barclaycards at the same time, but then that might have been pushing it as there only at the mcol stage
  • Create New...