banks- nothing to do with penalties

[159user159]

:rolleyes:I have taken one of the banks in court 6 weeks ago, I have also served them with a letter forbiding them from taking an action on my account while it is in dispute since last year, however today i received a letter from a debt collection agency, I was under the impression that under the 1974 consumers Act, while the account was in dispute they could not refer the account to a collection agency?

[rippedoffagain]

The Consumer Credit Act does not apply to banks!:)

[Michael Browne]

You're thinking of the Banking Code:

 

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not being disputed; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand

[159user159]

need help for what has

Edited June 24, 2008 by 159user159

[159user159]

ribbedoffagain thanks for the info. and brown

[159user159]

what is so stupid of them, is that i have a loan which i pay religiously for the past 3 years, and have had this account with Barclays for over 35 years. Their people's or customer care sucks, that they for up to today have not try to have a dialoque with me about the matter last year in August when the withdrawal of the cash took place, and now, only few weeks ago, i have being over deluged with phone calls even in the week-ends about payments which in fact have been in dispute since last year!!!

[159user159]

i just received my statment today, and they still charge me interest on a disputed amount of continuous interest charges, are these people real, their barclays litigation section phoned and said that they will not charge any interest or ask for payments until this is settled by the courts about a week ago, i did ask this in writting, but have not received anything.

[159user159]

Micheal Browne thanks for your message can you tell me what you think regarding my messages, the amount which they try to collect has been in dispute, therefore how can they refer it to a collection agency?

[159user159]

inerest which is placed on an amount incorrectly callculated does it fall within the prescribed charges mentioned in this site?

[159user159]

can someone directly to do the proper steps legally concerning my case against Barclays bank please. I have requested acredit agreement, but i did not know that i had to pay, and they are late by 2 weeks, could they disputed on grounds of payment?

[Michael Browne]

Have Barclays acknowledged and filed a defence of the court claim?

[159user159]

yes they have. However, and it goes like this. The particulars are summery 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 stament of case in due course.

 

3. It is admitted that the claimant has previously received a refund of 208.00 pounds from the defendant on 26/02/08 for alledged 'defaault" charges applied to her account.

 

4. To the extent it is alleged that the claimant (that is me of course) has incurred additional charges on her account for unauthorised borrowings (whether late payent fees, exceeding authorised credit limit fees, or any other such fees the "charges, the defendant puts the claimant to strict proof of each charge and the date thereof.

 

And it goes on and on sighting that i have mismanaged my account when in fact they have mismanaged the deductions back in August last year, and the withdrawl of the 100 pound cash which i had disputed, therefore since i could not get them to respond on the greavances i had i send them a letter asking them to have a dialogue with me before i filed which they ignored. Then is send them a letters asking a signed credit agreement on the 31/05/08, which they are now in default, because they have not send it to me. I did not know that i had to pay a pound for it, but it does not seem to be the problem, they actually in breach of their contract, as they suppose to have taken care of the problem back in September when i send them a letter stating that they have miscalculated the account charged against my payments made to the tune of 300 pounds including the 100 pounds withdrawal in cash, and the had charged interest on the amount which is wrong by all my calculations. Up to this date, even though the amount is disputed they still charge interest!!! Any way thanks for the help you provide me, i also have received the questionaire of which i returned back to the court.

[159user159]

any help you can provide will be appreciated,

[159user159]

if you need to know more about their response let me know i will put it through if you like, it is lengthy though.

[159user159]

Mr. Browne what else do you need for a response to my situation?

[159user159]

Have Barclays acknowledged and filed a defence of the court claim?

 

yes they have, today I received a letter from the court giving me til 9th July to serve the partivulars of claim in compliance with CPR 16.4?

 

3) In daufaoult the claim shall be truck out (is that if they do not receive the above?

 

Please advice of this message from the court today!

[**Tilly**]

Hi 159

 

I have asked for your thread to be moved to the barclays forum

 

 

 

 

 

 

Tilly

[tonycee]

Can you post your full poc please.

[159user159]

Can you post your full poc please.

 

Before District Judge Pelly sitting at Cambridge Court, 197 East Road, Cambridge, CB1 1BA.

 

IT IS ORDERED THAT:

 

1) the claimant do by 9 july file and serve particulars of Claim in compliance of CPR 16.4

 

2) In default the claim shall be struck out.

 

Date 23 June 2008.

 

Note: Any person affected by this order may apply to the court to vary, stay or set it aside, Any such application must be made within 7 days or service of this order upon them.

 

I will add that this Form of Judgment or order arrived in my house today from cambridge which is only 27 miles away. That means it took this 4 days to be delivered in my address?

[159user159]

Can you post your full poc please.

 

 

This is their response to my claim:1. Barclaycard is a trading division of Barclays bank PLC and not a legal entity in its own right.

 

2. The particulars of the 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. It is admitted that the Clasimant has previously received a refund of L208.00 from the Defendant on 26 February 2008 for alledged "default" charges applied to her account

 

4. It is admitted that the Claimant has incurred aditional charges on her account for unauthorized borrowings(whether late payments fees, exceeding authorised credit limit fees, or any other such fees the "charges", the defendant puts the Clasimant to stict proof of each charge and the date thereof.

 

5. It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the oligation to make payments by the required date.

 

6. The defendant's standar's terms and conditions ("Terms') gave the Claimant a fair and transparent view of the obligations and entitlements set out above, incuding the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.

 

7. It further denied that the Carges were unlawfully debited from the Claimant's account. 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.

 

8. It is denied that there was negligent. The Claimant has failed to explain and /or identify how the Defendants were negligent and further fails to explain what the "problem" is that she refers to in the particulars of claim.

 

9. It is denied that there was an "illigal withdrawal" from the Claimant's account. This matter has been investigated internally by the Bank and the claimant's allegations has not been proven and as such is denied.

 

10. Further, the Claimant's claim for compensation for frustation is denied.

 

11. The Claimant is put to stict proof that her credit rating was affected in any way by the defendant. Any detimental effects that the Claimant may hve suffered is respect of her credit rating wre consequences of the Claimant's mismanagment of her account.

 

12. The claim for consequential loss, including, but not lismited to, the costof investigating the claim and drafting letters to the Defendant, is denied. The Defendant further asserts that such sosts, which the Claimant is put to strict proof of, are not recoverable undr the Small Claims track as set out in CPR 27.14 or at all.

 

13. The defendant dies that it is laible to the Claimant for the sums claimed and interest, as pleaded or at all.

 

STATEMENT OF TRUTH ETC ETC.

 

 

i WOULD LIKE TO ADD FEW FACT HERE;

 

Last August 2007, a withdrawl of cash from my gold card was made at a Co-Op shop which i never visited except to top up my mobile phone.

 

Uppon reseipt of my statment with the withdrawal I contacted Barclays that maitnained that cash was received by a singnature. I visited the Co-Op and asked one of the managers if that was possible, they told me that there was no possibility that anyone could either had withdrawn the cash by a signature. They had a cash point which charged a fee, and which i did not use.

 

I wrote to Barclays with the findings, and told them that, I personally did not make that transaction and that no one else could have had the card. The gold card was issued in February, and I paid it in full every month up to the withdrawl of cash in full. They disputed the fact, and said that a pin was used and therefore I make the transaction, I wrote back and ask that they provide proof of that transaction taking place form co-op on several occations by recorded mail, they ignored it. On September 22ns, I mail them an account of the balance owed to them, finding that there were 300 pounds over to what it was charged in the account, so I told them that they needed to check my account and correct the balance agaisnt pafyments received which were wrongly deducted. No reply, I sen various e-mails which gave the same reply of loads of BS. We are sorry for the disatisfaction bla bla bla, no word on the correction of that amount. But since then, that 400 pounds were accumilating interest, that 300included the 100 pounds cash. I have written over 15 recorded mail letters which I received no answer. Then I send them a priliminary letter for an action taken in court, they disregarded the whole thing, I also asked them to have a dialogue with me prior to an action to correct the mistake, nothing the letter was send for the priliminary approch on 30/03/08, i gave them 14 days for reply. In response they send a letter for the 208 pounds claiming no resposibility.I filed on the 02/05/08 long after the period stated in my preliminary letter tothem. Up to that period I had received no phone calls or any other contact from them. After I filled, i was deluged with calls including the week ends late at night.

Finally I receive a call from (a female) asking various questions regarding my claim, that was few days before they filled their response. Then I send a request for aformal request for a credit agreement on 31st of may 2008 which ahs not been responded. The female that called me said tha tshe would mail these papers to me, I have not received them up to date, which makes them to bre in default I blelieve, after that I also mailed a letter telling them to stop calling me by phone23/06/08 on the basis of harasment. Also send a letter the 22/06/08 a letter about breach of the privacy act for passing information to a company for collections, merchers. I received theri letter on 19/06/08. That is how the situation stands up to date, when of course I received the court request for particulars of the case. Any how, I know that this is legthy and I am sorry if overbuden someone with it, any help provided will very much appreciated to write the response. I know verabally what I would like to say, however writting it in proper context is my problem. Thanks again

[slick132]

Hi 159,

 

Can you please post your POC (Particulars of Claim) exactly as set out on the court claim you filed against BC.

[159user159]

Hi 159,

 

Can you please post your POC (Particulars of Claim) exactly as set out on the court claim you filed against BC.

 

I filed to the court but i do not have a copy of the particulars, i will go to court Monday and ask for a ccopy, should the court have send me a copy of this?

[159user159]

I believe that i filed on negligence and mismanagment of account, and ask for L600 pounds expences to be paid.

[yourbank]

can i go back to something. Was the initial issue with regards to a credit card withdrawal of CASH in an ATM and then no further payments to the card were made and that is where it spiralled?

[159user159]

I filed to the court but i do not have a copy of the particulars, i will go to court Monday and ask for a ccopy, should the court have send me a copy of this?

 

also since then on the 31st of May i send them a letter asking for a credit agreement,which i have never received a response.

 

June 23rd, Im send them a letter because of the quantity of calls received for the past 6 weeks including the week-ends, Like today Mercers phoned me and told me they wish to speak to me, I had send a letter to them and copies of the court action 8 days ago, but i still get calls.24th June I requested a comprehensive list of charges that have been made in my account for the past 6 years.