Game On - Barclays Vs Long

[oblong21]

I havent recieved anything in writing in regards to the defence - am i to expect something specifically relating to this from the bank or the court or am i just to expect a court questionairre?

[Maxie]

Phone the court. Give them the case reference number, tell you are the claimant and that you want to know if a defence has been filed.

 

If they say no, fill out the form that came with the notice of issue for default judgment and get down to court. Once you have a defualt judgment you can demand payment and send in the bailiffs!

[dave]

The defence is usually that the charges are lawful and are a true reflection of costs.

 

If you get that, then you pretty much know that you've got the money in the bag - there's no way thay can prove that it costs that much to do *nothing*.

[cajdad]

What did the defence say? Has anybody got any details (wording) of what the banks would normally submit as a defence?

 

There's an interesting thread in Natwest forum which gives an example of the wording of a defence (heading "Natwest Stalling Defence" - hopefully link below will take you to it)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4268

[EricTheRed]

Found it. Excellent thread. Thanks Cajdad

[oblong21]

cheers for that dave - but, do i expect a defence in writing from the bank or the court in the next few days?

[Maxie]

If the time has lapsed file for default judgment!!!!

[oblong21]

If the time has lapsed file for default judgment!!!!

 

On the moneyclaim site the option to file for a judgement is no longer there and the notes say to expect further communication from local courts - however i have received nothing from any party. The 28 days expired on Monday and the 'defence filed ' note appeared online last Thursday.

 

Any suggestions would be appreciated....

[Maxie]

Phone them and ask them if a defence has been file in accordance with the reply pack or have they only indicated they will file. If its only an indication, then under the CPR (applied strictly) you are fully entitled to file for a default.

 

If they say 'weel they have indicated a defence will be filed' ask them 'can you direct me in the CPR where it removes the right of a claimant to file for a default judgment only on an indication from the other party'.

 

I had this recently. I went to court to file for a default on the 28th Day. The court staff tried to fob me off by saying 'we only accept these applications after 1 month'. I asked to direct me to the CPR provision they were replying upon. She grumbled and accpeted by form.

 

Court staff do try to make things easier for themselves. eg, if you appply for judgment today and the bank put in defence tomorrow your application will be returned and it causes the staff hassle, so they try to avoid it. But hoe long is a piece og string? If they haven't filed and know the court is waiting on them and you are, they will do it in there slow time.

 

You are entitled to file if no defence has been filed - phone them and file for a default if no defence has been submitted.

[oblong21]

thanks for that, i have just called through to local court and they say it has been filed and that a copy plus questionairre is on its way to me, so no default oppurtunity.

 

Any ideas on timescale from your experience, going forwards? I know i have to respond to the questionaire inside of 7 days, then what will happen?

[Maxie]

The Allocation questionnaire (AQ) - time limits aren't that srtict, as long as you get it in within a week or so of the filing date it'll be fine. Right, you file the AQ and other side files theirs, the whole file will be assigned to a District Judge (DJ) The DJ will review the claim and defence and make sure it has all been served correctly, it is a matter the court can deal etc. Then decide which 'track' the claim will be assigned to such as small claims track for claims under £5000, and he/she will also decide if an 'directions' need to given. Directions might be, for example, all paperwork must be filed 14 days before the hearing. A date for set for the hearing and if the case isn't settled or other submissions aren't made such as a 'summary judgement' just sit back and wait for the hearing or settlement.

[oblong21]

Many thanks.

 

Sure enough when i arrived home from the office today there is the allocation Questionaire and defence on my doorstep! Will fill it in and will send it back tomorrow.

[Maxie]

A few pointer about the AQ:

 

When it says 'what amount of the claim is in dispute' don't put a figure write in the box 'all of claim'

 

When it asked for witnesses remebr to put yourself down and you are witness to 'all material facts'

 

Estimate the trail time of 1 hours at a minimum.

 

I'm sure they'll settle!

[kaznelson]

What does their defence say?

[dave]

Abbey did the same to me - don't worry about it.

 

They are the ones that should (and probably are) quaking in their boots at the prospect of going to court.

[Bookworm]

What I can't understand is why you started a new thread in General when it was all related to your Barclays claim.

 

Thread moved, pls stay on this one, it will make life easier for everyone.

[oblong21]

What I can't understand is why you started a new thread in General when it was all related to your Barclays claim.

 

Thread moved, pls stay on this one, it will make life easier for everyone.

 

Because as far as i know i am the most advanced claim with Barclays and i wanted to

open up the potential audience for advice. Appreciate everyones input guys, thanks!

[oblong21]

A few pointer about the AQ:

 

Estimate the trail time of 1 hours at a minimum.

 

I'm sure they'll settle!

 

Thanks for all of this, it is really appreciated - what does that point relate to though?

[Geordie_Aaron]

Getting along great mate!!

 

GET THE FOOKERS!!!

[oblong21]

Bit Long Winded but here is the defence.....

 

It is Admitted that:

1.1 The claimant has with the defendant an additions current account number xxxxxxx, sort code xxxxxx with an authorised overdraft limit of xxxxx

 

1.2 The balance of account number xxxxxx currently stands at xxxxxx overdrawn.

1.3 That the claimant incurred bank charges (Paid referral fees) on account number xxxxxx, totalling 2,195.00 during the period 1 March 2000 to 28 February 2006 for unathorised borrowings by exceeding the authorised limit of xxxxx during the period 1 March 2000 to February 2006.

 

2. The defendant is entitled to charge the claimant for the unauthorised borrowings by virtue of its standard terms and conditions, which the claimant accepted when the account was opened.

The terms and conditions which applied to this account would be:

i) ?A paid referral fee is charged when you go above your paid referral buffer. You will not incur more than 3 fees within any monthly charging period?.

 

ii) 25.00 Per account per day.

 

3. The defendants standard terms and conditions gives the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawen without an overdraft limit or where the customer exceeds his overdraft limit).

 

4. The charges the claimant paid to the defendant when incurred an overdraft were payments which, under the terms and conditions of his account, he agreed to make.

 

5. Such administrative costs were consideration for the defendant advancing further credit to the claimant.

 

6. The defendant was under no obligation to advance the aformentioned further credit to the claimant, and was entitled to impose the charges when the claimant incurred the overdraft.

 

7. It is denied that the defendants charges are unenforceable, as alleged.It is further denied that these sums were unlawfully debited from the claimants account.

 

8. In all the premises, it is averredthe Bank Charges are legally enforceable and the defendant was entitled to charge.

 

9. The defendant denies that it is liable to the claimant for the total sum claimed of 2,691.02, or at all.

 

 

 

any thoughts?

[MondeoST24]

They dont deny they are penalties then ?

 

I would say it is very weak.

[kaznelson]

They havent really addressed the issue of your claim that their Charges are illegal?

Just because you have agreed to their T&C doesnt mean that their charges are legal and they can enfocre them!

 

I am surprised how short & basic their defence is

[oblong21]

Pretty much my opinion.

 

Based on this, should it get to court would the solicitor be able to spring further points

of contention or will he only be able to defend on the basis outlined in this document?

[Mervalous]

This one is goig to be very interesting as to how far it gets, I bet they just dont turn up in court!

[omollmeg]

Hi,

Do they say how long this could take or any court dates etc???

Following eagerly.

Good luck.