The woolwich

[8835]

1st letter dated 7 june 2006

 

NO REPLY

 

2nd letter dated 23 june 2006

 

Reply received dated 26 june 2006 standard sorry we haven't got back to you but we will resolve this matter by 6 july 2006. Funny the 14 days is up 7 July 2006.

 

Total claim up to now £3037

 

See what happens

[caro]

We will indeed. Keep us posted.

[8835]

received letter today from The woolwich stating they had now passed my account onto Barclays head office. Letter dated 30 June 2006. They have until Fri 7 July 2006 then it is summons issue time.

 

I had looked on the moneyclaim website in anticipation of this happening. Can someone help me out with the wording of the offence etc.

 

Also the interest. I have filled out the spreadsheet which has calculated the daily interest and given me an overall total 8% is this correct or can i claim another interest.

 

Also on the claim form for the money i am claiming do i claim the £120 it will cost me to issue

 

Help

[8835]

Letter recieved today 5 july 2006 stating barclas are now dealing with this claim will contact me before 27 july 06

 

 

sorry baclays you would have received the summons by then

[caro]

If you take a look in the bank templates library, BankFodder has suggested the type of thing you need to put.

[8835]

Court action started today

 

N1 completed at the court and £120 paid

 

Total claim including costs etc £3601.94

 

I'll keep u updated

[8835]

Offer received from Barclays Karl Voller 0207 116 5554, offering £1000, i think not. Replied to him today usuall acceptance of an interim offer etc, so i'll await the withdrawal of the offer letter.

 

Interested as to peoples views on this but no-where does it say without prejudice etc only they make the offer with the cost and inconvenience inherit in a further dispute in mind and is intended as a gesture of goodwill.

 

 

No thanks Barclaysa you are not fobbing me off see you in court.

 

Summons deemed served 16 July 2006

Cut off date 31 July 2006

[8835]

Dear Mr Voller

Thankyou for your letter dated 20 July 2006. I am willing to accept the offer as an interim payment. However court proceedings have already commenced and the summons was deemed served to Barclays on 16 July 2006. The court process will continue until i have recovered all monies as per the summons.

 

Please try to treat my case as an individual and no-doubt as per all the other barclays customers you will withdraw this offer upon receipt of this e-mail.

 

I wish to make it clear i will not be stopping the court action until i am in receipt of all the money as per the claim. If Barclays do not agree with my views them i will see you in court

 

 

Yours Sincerely

[8835]

Barclays acknowledge claim 24 Jul 06 and intend to defend all theres a surprise

[closey]

Sounds like you're fully prepared and know what each of their steps are, so best of luck, now long now until that money is yours.

[jas&len]

hiya can somebody help me I have received documents from the court saying The Woolwich intend to defend....Do you think there is a chance I could loose? Can't afford to loose anymore money....

[8835]

Its a usual delaying repsonse read the other threads and you will see how people deal with it

[8835]

I do hope will help pay for my xmas holiday, you know its like having a savings account!!

[8835]

This was the letter i got today seems a standard barclays defence can others have a look and see if this is the case thanks

 

1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the Claimant's failure to correctly identify and particularise an account held with the Defendant, it is admitted that the Claimant has an account, number XXXXXX sort code XXXX. However, to the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised):

a. The Defendant's right to charge administrative costs if any cheque,

standing order or direct debit cannot be paid because of lack of cleared

funds in the account - £30 per item (previously £27.50).

b. The Defendant's right to charge administrative costs if the Defendant

was compelled to pay any items which caused the account to be

overdrawn - £30 per item (previously £27.50).

c. The Defendant's right to charge unauthorised overdraft fees - £3 per

day.

d. The Defendant's entitlement to refuse any debit transaction or debit

card transaction where there were insufficient cleared funds in the

account and to debit from the Claimant's account any charges, interest

or other money which became payable by the Claimant to the Defendant in relation to the account.

e. The Defendant's entitlement, if the Claimant went overdrawn without

an overdraft limit or exceeded his overdraft limit, to charge interest at

the unauthorised borrowing rate on the excess balance.

f. The Defendant's entitlement, if a cheque or other item paid to the

account was returned unpaid, to debit the account with the amount of

that item together with any interest paid by the Defendant on it.

3. The Defendant's 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)

4. If and to the extent it is the Claimant's case that the failure to make necessary payments and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further 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 l(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).

6. Therefore, it is denied that the charges were unlawfully debited from the account.

7. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility and / or his failure to make payments to bring the balance of the account back into credit.

8. 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.

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.

10. In the alternative, and without prejudice to paragraph 6 above, if (which is denied) the said charges and interest or any part thereof are unlawful or

unenforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing its account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out paragraphs 2 to 4 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

 

STATEMENT OF TRUTH

 

I believe that the facts stated above are true. I am duly authorised by Barclays Bank PLC to sign this statement on its behalf.

Keith Jeremiah Legal Executive Barclays Bank PLC Dated 10 August 2006

[8835]

Just a quick question. I know about the AQ etc. But now i have received their defence do i need to reply to it or just hold onto it and complete the AQ when it comes through. After looking at the templates etc it is really a yes or no form with a little bit added, do i and if so where do i repsond to the defence they have sent

 

Thanks

[austenpowers]

I am no expert on such matters as my claim has not yet received your stage, but it all looks pretty standard up until paragraph No. 9, but I don't recall having seen paragraph number 10 before, not sure whether that is a new one from Barclays/Woolwich or not?

 

I am sure you just sit and wait now for the AQ and then send back within 7 days.

 

Stick with it and good luck!

[closey]

Yep, just wait for the AQ to arrive. There are guidance notes in the bank templates library on how to fill in the AQ.

[8835]

Thanks i shall keep you updated not even going to bother contacting kj or anyone there, they can do the chasing

 

I'll await my aq through the post and send it off

[8835]

AQ arrived today seems simple enough, have read through the templates section but after peoples advice on

 

1. I know you dont have to but is it best to attach all the documents now

 

2. What is the best thing to put on the other information

 

Thanks