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Help Barclays beat me to it..


roughjustice
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I had an overdraft on my Barclays account of £2200, whent over limit a few times and then the bank charges spiral began.

 

I returned debit card as requested and made a few token payments to start reducing balance when possible.

 

On my last tsatement balance was approx £3200. I worked out up until then I had paid over £1500 in charges.

 

It was/is my intention to persue claim but have been so busy haven't started yet I suppose the thought of court fee and possible stay anyway because of 'test case' was in back of my mind.

 

I have not received a bank statement from Barclays for about 5Mths and so didn't know exact current balance and therefore all of charges applied.

 

I have asked their 'collections department' for statements but not received them.

 

Came home from work today to find a claim from them issued at Northampton CC for £3560.70 plus £85 costs.

 

My first thought was to file a Defence and Counterclaim stating that I intended to persue refund of 'illegal' (need a better term I know) bank charges and have not been able to do so as bank have not supplied requested statements.

I was wondering if the court would put a hold on proceedings if I did this and stated that an S7 S.A.R - (Subject Access Request) had been sent in order to make MY claim?

 

If I was to do this the counterclaim asks for amount of desputed claim but obviosely I don't know this, can I put TBA or some such as long as there is an explination elsewhere on the form?

 

Would really appreciate help, I know it's probably my fault for leaving it so long but have had so much on my plate lately ( not least dealing with wifes' menopause, and cries for divorce one week, 2nd honeymoon the next!!!):-? :) :-? :) but I only have 5 days to reply, can't afford to pay £3500 immediately and because of my job have to be security vetted soon and they don't like to see CCJs!!:evil:

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Firstly, acknowledge the claim, this gives you 14 days to file your defnce.

 

Barclays are legally required to provide you with all of this information to file your defence. i'm not a legal bod, but someone will be along shortly who can give you the full details.

 

Good luck!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi RJ,

 

First off, you need to comply carefully with the dates on the Court Claim against you (as Tiglet says) so ensure that you acknowledge the claim AND submit Defence by the relevant dates. Send ALL letters to Barclays by Rec'd Del'y.

 

Get the SAR sent off with the nec'y fee immediately. This will get you the up to date info you require about UNLAWFUL (that's the word you need !) bank charges and fees. Send a copy of your SAR to the barclays address shown on their court claim quoting the Case No.

 

Until you get the state's, you are unable to quantify your counterclaim against the bank so you should "Dispute the whole claim" when acknowledging banks claim.

 

When you file your Defence, you will have to say "Until the bank complies with my Statutory Request for info contained in my SAR dated xx/xx/xx, I am unable to fully quantify the amount of unlawful charges made against my bank account because the bank stopped sending me state's from xx/xx/xx.

 

"I therefore ask that the court delays making any further decision until the bank supplies the information requested. I will make a full response by way of Defence within 30 days of receipt ofthis information."

 

Come back with nay queries.

 

Slick

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