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Barclays time barred under limitation Act Please help

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The thing is, even though you may well be able to prove your case in court, you need enough in your POC to show the judge that you really do have a case and that it is worthwhile letting you have a hearing. I'm rather concerned that you've been given one chance to do your POC again and it still may not be robust enough. I'd hate to see you lose even more money than you have already. You're right, they don't deny there was a contract, but they are obviously denying they did anything wrong (well they would wouldn't they:rolleyes:).

 

It is difficult to say whether there has been any misrepresentation without seeing what Barclaycard stated in the first place. Can you post up a copy of the contract and terms and conditions, or at least the relevant part(s) which show how BC have failed to meet their contractual obligations.

 

Hi, Caro

 

My scanner is playing up, trying to scan and it goes all over the places ..i will scan all the letters and "T&c" later tonight have a look at it,

 

Regards to POC ammended as per court's order now it has gone to court both claimant v Barclays Bank PLC - can i send a letter for more ammended defence ? add for judge to consider before the hearing date? or do i wait till i hear from the court? for the date - and then take the court bundle ?? meanwhile should i prepare for more grounds? i.e.

 

"mistake" and which part of "mistake law" or "misrepresentation act" Barclays i think are defending on these two law, i was reading about it for last two days and find it very difficult to understand itin line with my evidence etc etc.. i need as much help as i can from you and MARTIN3030 he seems knowledgeable too.

 

Thanks again

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Hi, Caro

 

My scanner is playing up, trying to scan and it goes all over the places ..i will scan all the letters and "T&c" later tonight have a look at it,

 

Regards to POC ammended as per court's order now it has gone to court both claimant v Barclays Bank PLC - can i send a letter for more ammended defence ? add for judge to consider before the hearing date? or do i wait till i hear from the court? for the date - and then take the court bundle ?? meanwhile should i prepare for more grounds? i.e.

 

"mistake" and which part of "mistake law" or "misrepresentation act" Barclays i think are defending on these two law, i was reading about it for last two days and find it very difficult to understand itin line with my evidence etc etc.. i need as much help as i can from you and MARTIN3030 he seems knowledgeable too.

 

Thanks again

 

-----------------------------------------------------------------------

Abstract Copy of 20 August letter (scaner is playing up)

 

xx /xx / xx

20 August 2002

Dear Mr xxxxxxxxx

BARCLAYCARD

1234 Pavihon Drive

Northampton NN4 7SG

Tifiephone: 01604 234234 http://www.barcuycardmerchantservices.co.

 

By Fax & Post.

Merchant Number: xxxxxxxxxx

Your Ref: M? xxxxxxx xxx xxxx

I refer to your letter dated to the 5 June.

The card has been confirmed as counterfeit by the cardholder to his card issuer.

Lloyds TSB PLC (the card issuer) have advised ourselves that the card used was counterfeit.

I am aware that questions were asked and answered during the telephone conversation with the operator. However, I would draw your attention to section 4 of the Merchant Agreement, “We may charge a card payment back to you or refuse to pay it even if it has been authorised”. “We have the right not to pay you or to charge back in the following circumstances”.

“If we receive a claim to do with card payment. This claim could be from the cardholder or from any other person” and “If you do not give us evidence that the genuine cardholder has authorised the card payment”.

From the evidence I have seen, I would conclude that the genuine cardhotder did not make the payment at your clients premises.

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Hi Caro

 

This is the last letter dated 24 September 2002

 

 

01604 252871 xxxxxxxxxxxxxx

24 September 2002

 

 

Dear Mr xxxxxxxxx,

 

 

Yours sincerely,BARCLAYCARD

MERCHANT SERVICES

1234 Pavilion Drive

LN0rt~mptoh1 NN4 7SG

Telephone: 01604 234234 www,barclaycardmerChafltserViCeS.CO.Uk

 

 

 

 

 

 

 

By Fax & Post.

 

 

 

 

Merchant Number: xxxxxxxxx

Your Ref xxxxxxxxxxxxxxxxxxx

 

 

The transaction was not conducted on a genuine card, and was therefore processed in breach the merchant agreement. If you wish to issue proceedings, they should be served on:

Barclays Bank PLC T/as Barclaycard Merchant Services, 54 Lombard Street, London. EC 3AH. We reserve the right to have the card issuer LloydsTSB PLC, made party to the proceedings, and any such proceedings will be vigorously defended.

I refer to your letter dated to the 5 Septemeber.

_

 

 

 

 

xxxxxxxxxxxxxxx

FRAUD INVESTIGATOR

BMS RISK

DEPT.xxxxx

 

 

 

 

 

 

 

 

 

 

9~

Bacclays Bank PLC. Registered in England. No 1026167 Regiet~red Office: 54 Lombard Street, London EC3P 3AH ~

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will post the "T&C" later when get it scanned

 

regards

looser01

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Hello Caro T&C in full

 

 

 

AGREEMENT.

THIS AGREEMF.NT sets out the terms on which the Merchant wilt accept Cards as a means of pa)ment and on which Card Transactions will be authorlsed by and presented to Barclays Merchant Services. IT IS AGREED as follows:

I Tkdlnttlotta

II AusednthsAgreement "this Agreetneltt"

Includes the Schedule and any operating instructions and/or procedure guides aidcli Barclays Merchant Services may notify front time to lime and with which the chant ah~ll comply.

"Card" means any valid financial service card (IncludIng any debit or credit card) appmvcd by Bardays Merchant Services from time to time.

"Cardholder" means the Individual for whose use a Card has been issued at any lime.

"Card Refund" means any refund given in respect of a Card TrAnsaction for credit to the Cardholder’s

account

"Card Refund Data" means details of a Card Refund in a loan approved by Barclays Merchant Services.

"Card Transaction" means any payment made or (if permitied by * procedure guide) cash advance obtained by the use of a Card, a Card number or In~ any manner autborised by the Cardholder for debut to the Cardholder’s account.

•‘Card Transaction Data" means details of a Card Transaction In a form approved by Barclays Merchant Services.

"floor limit" means the total value of the sales (as notified from time to time) that the Merchant may make to a Cardholder on any one occasion without Barclays Merchant Servikes’ authorisation.

"Minimum BuLIin( means the minimum monthly merchant service chat~e (MSC) to be levied on each outlet settemetut where die MSC for that statement period would have~ been for a lesser aatounL

‘~Relevant Tax" means any value ‘JLIdctI tax or any other similar tax or duty.

lerminal(s)" ,,iewis the PDQ Terminal(s) and all ancillary equipment and accessories supplied to the Merchant for submitting Card Transaction Data to Barclays Merchant Services in accorthmc~ with this Agreement.

‘United Kingdom’ includes Channel Islands and Isle of Man.

1.2 The headings are ktceuled In this Agreement for convenience only and shall not effect its construction.

1.3 If the expression "the Merchant" comprises more dunn one person the liability of such persons under this Agiveuneni shall be joint and several.

1.4 ThIs Agreement is governed by English Law and both paciles shall comply with all legislation applicable to them as a result of this Agreement. (Any payments hereunder are due in steding and Boancial limits specified in sterling shall be observed by the Merchant in the corresponding amount of any relevant foreign currency).

~nrclayn Merchant Services obligations Barclays Merchant Services will:

2.1 pay to the Merchant the amount of all Card Transactions effected and presented in aCcordanCe with the terms of this Agreement by crediting ~t t~ank accoind nominated by die Merchant within the linked Kingdom;

2.2 semI dieMerditot statement showing fur the staiement period:

2.2.1 the value of Card Transactions processed by Barclays Merchant Servkes and

2.2.2 the amount of settlce charge pius any Relevant Tax and any other sums due to Barclays Merchant ServIces under this Agreement

3 Mrrchasat’a nbllgatbsr~z

3.1 (a) Subject to paragraph (b), the Merchant will honour all Cards presented by accepting them as a means of payment and, where relevant, by sippl)lng gnods~ services or other fadhities on the anne teams (other than price) as they are supplied for c~,clt

(b) If the Card is of a type spediled in any operating instruction and/or procedure guide, the Merchant must only charge the Cardholder the cash price.

3.2 Ia accordance with the relevant procednre guide, the Merchant with

3.2.L obtain autitorisatioct from Barclays Merchant Services at the time of and for a pankitlar C~rd Transaction ifs Cardholder requires goodS, services or other facilities for an amount;

(a) in excess of the Flour Umit Or

(Sb) falling within * range notiftrd to the Merchant from linac tO time. (The Merchant acknowledges that audiorisadon coufinns the urailability of credit at the dune of nuthorusatlon but does not establish the person in possession of the Card Is the Cardholder

nor does it prevent the Card Transaction being charged hack In

aecontance with (‘Astute 4.1)

3.2.2 contact Bsrciar Merchant Services Immediately to c~nccl an

autborisatlon lithe sale In respect of which the authodsalion was

oblaitted Is nut thereupon conduded

3.2.3 present Card Transaction Data and Card Refund Data to Barclays

Merchant Services, or such other person as Is approved by

Barclays Merchant Senices, wIthin 3 banldng days oldie relevant

Cud Transaction or Card Refund and the presentation of Card

Transaction Data shall be a warranty that the goods, services or

other facilities have been supplied~ if Card Refunds exceed the

valuc of Card Transactions presented the excess will he paid by

or collected from the Merchant in accordance with procedures

agreed from time to time,

3.2.4 on the instructions of and as directed by Barclays Merchant

Services retain any Cant presented;

3.2.5 in any case other than sub.dause 3,2.4 not act, nor purport to ad

as agent of Barclays Merchant Services. if the Merchant is

deemed agent of Barclays Merchant Services by statute, the

Merchant shall Immediately send to Barclays Merchant Services

any notice received from a Cardholder.

3.3 The Merchant will notify Barclays Merchant Services hi writing immediately If It ceases to trade or intends to sell Its business.

3.4 The Merchant Wilt not:

3.4.1 honour a Card In order to provide cash (unless permitted by a procedure guide) nor where the provision of cnudk is unlmvful

3A.2 supply any other person with equipment to enable them to effect Card Transactions nor present to Barclays Merchant Services Card Transaction Data which was not orIginated as a result of a ransucliotl between a Cardholder arid the Merchant.

4 Charge-back Rights

4.1 Barclays Merchant Services may withhükt payment on presentation of

Card Transaction Data or, if the Merchant bat been paid for the Cord

Transaction, charge-back the amount of the Card Transaction in the

Merchant and notwithstanding that the Card Transaction may, brr~ ‘n

nutbouised, it:

4.1.1 Card Transaction Data is issued or presented in breach .~Is

Agreenient (which includes any operating instruc’ or

procedure guide); or

4.1.2 Karch~ Merchant Servicct receives a claim relating ju .. Card Transaction; or

4.1.3 the Merchant bats to produce, at Barclays Merchant Services’ request, evidence of the Cardholders authority to debit the amount of a Card Transaction in die form approved by Barclays Merchant Services or the CardholdL’r denies having authorised a telephone ordcz or

4.1.4 any cia’cunistance specified in a relevant procedure guide as entitling the Batik to make a charge-buck occurs; or

4.1.5 any circumstance specified in sub-clause 42 occurs, or Barclays Merchant Services considers it is likely to occur, and the goods, services or other facilities referred to in the Card Tr.uusadioui Data have not yet been supplied.

4.2 The events referred to in panigraph 4.1.5 are:

4.2.1 ihe presentation of a petition to wind up the Mcrchant or to appoint an sulmlnLrtrator of the Merchant,

42.2 the convening of a meeting of members of the Merchant to consider and If thought fit pass a resolution lee the voluntary winding up of the Merchant;

4.2.3 . the appointment of a receiver over any materIal part of the property or undertaking of the Merchant;

4.2.4 the making of atty proposal in respect of the Merchant for a

- composition in satisfaction of debts or a aclienue of arrangenusut (morinsilor infoymsil): or

4.2.5 the death of or the presentation of a bankruptcy ~et1t1nn sgainst due Merchant or the inalduig of an application Inc an Interim order pursuant to Section 253 of the Insolvency Act 1956 in respect of the Merchant

4.3lhe amount of may Card Transactioti which Barclays Merchant Services Is entitled to charge’back to the Merchant under this Agreement shall be a debt rnmtedhutely due from the Merchant to 8ardaj~s Merchant Services.

44 If, itntler this Agreement, Barclays Merchant Services withholds payment on any Card Transaction Data or the amount of any Card Transaction Unto is daarged-bar.k to the MerehaM, Barclays Merchant Services shaft be under no responsibility to proceed payment for the Card TrJrL’iactton or otherwise deal with the Cardholder in respect thereof and the Merchant shall not re-present in any manner Card Transaction Data relating tosudi Card Transaction.

5 Charges

The Merchant will pay die charges (plus Relevant Tax) specified in the

Sducduk in consideration of the provision by Barclays Merchant Services

of services under this A~reement, Barclays Merchant Services may vary

the rate or basis of Its cfmarges out giving not less than one moiuth~s wait-

ten notice escept as provided in the Schedule.

6 promotIon of the Cards

The Merchant shall adequately display at each premises the promotional

sign(s) or other material provided by Barclays Merchant Services and

may use names or designs approved by Barclays Merchant Services sole

ly to indicate that Canl e accepted f~ payuiicni The Mcochar.t shall

 

not use any oilier niloerlit rekrrlng 10 tha ±Lys Merchant Services or any (~tJIer munc assodated with Cards without Barclays Mvrdiaat Services’ approvaL

7 Barclays Merchant Suvlces Property7.~ Barclays Merchant Services shall deliver Terminals and repair Or (at the option of Barclays Merchant Services) replace faulty ~pjp~j~

72 The Mcrchant will:

(a) comply with (and procure that Individuals acting for the Merchant comply with) any installation procedures and/or any PDQ Operating Guide

(h) use its best endeavours to avoid any damage to or loss of any Tenninai and

© ensure that staff who use Terminals have received suitable tf:linln&

7.3 Terminals and any other equipment lent to the Merchant hi connection with this Agreement shalt remain the propecly of Barclays Merchant Sev*es and shall not be dispose-ti of by the Merchant

7.4 The Merchant shall be responsible for all toss or damage to Terminals (except what Barclays Merchant Services determines to be fair wear and tear) and shall insure and keep them insured against such loss or damage on an all risk basis to their full replacement ~alue as notified in the PDQ Operating Guide arid advised rsiin tine to time..

iS Neither the Merchant nor any of Its employees or seems shall cariy not any maintenance or modification of any TerminMs without Barclays Merchant Services consent at wilting. The Merchant will promptly anti fy Barclays Merchant Scrvices of any LwLt that occurs and allow access at teasouable tintes to any person acting for Barclays Merchant Services for any purpose connected with Terminals.7.6 The Merchant agrees only to use such name or mark in connection with Terminals as ilseclays Merchant Sesvicea may at any time aehel, and hi whatever loon Barclays Merchant Services chooses. As against the Merchant, any such names or marks, and the loon of their represents-thin, are the property of Barclays Merchant Services.

7.7 The Merchant acknowledges that Barclays Merchant Scevices has no ccsponsibi~ity under this Agreement to reimburse the Merchant f~r the cost of goods and/or services supplied against presentation of cards accepted by the Merchant under any agreement other than this Agreenteult

7.8 Barclays Merchant Services gives no warnuaty as to the perfhrmance of the Terminals, Barclays shall not be liable for any loss sugerod ivy the Merchant due to the Merchant’s non-compliance with the lerms of this Ckwse 7.

8 Indemnities and Security

8.1 The Merchant shall indemnify Barclays Mcrchant Seances against all losses, costs, penalties, payments or liabilities whatsoever arising out oh (a) any claim being made or defence raised against Barclays Merdamt Services by a Cardholder where such a claim or defence is a direct or Indirect result of an act or omisafon on the art of the Merchant which Indudes, but Is not ~cnited to, the act of supp~ and

(h) any breach of this Agreement including breaches of any procedures and inatraclions resulting in additional work for Ban±iys Merchant Services or any [rand on the part of the Merchant.

8-2 The Merchant expressly agrees, notwithstanding any earlier agreement with the Bank to the contest", that any security held or taken by the Barth to secure all monies and hal;iiittes incurred or owing to the Bank by the Merchant from time to time shall, for the avoidance of doubt, extend to and include all liabilities of the Merchant arising under or in connection with this Agreement.

9 CardhoLder Disputes and Fraud Prevention

9.1 The Merchant will take all reasonable steps tp assist Barclays Merchant Services in handling a claim by a (llrdflokler against Barclays Merchant Services. Rarclxy~ Merchant Services shall have complete discretion whether or not to defend any such claim or to negotiate asw settlement with the Cardholder which shall be binding on the Mcrchant

9.2 The Merchant will provide Barclays Merchant Services with reasonable assistance requested from time to time for the prevention and detection of fraud and will inform Barclays Merchant Services of any material change In the nature or size of its business which, if nor notified to Bnrct~iys Merchant Services, might suggest fraudulent activity at the Merchant.

to Set-Off

Barclays Merchant Services may without notice set-ed the amount of any liability incurred by the Merchant to Barclays Merchant Services under this Agreement or,tf any of the events spedfied In sub-clause 4.2 occurs, in arty other manner wfntsoever, against any sum which would otherwise be due to the Merchant from Barclays Merchant Services, whether under this Agreement or otherwise. If Barclays Merchant Services considers that die Merchant is likely to Incur any such liability, It shall not be obliged to make any payment of sums which would otherwise be due to the Merchant hereunder until either the liability is incttt’ted when Barclays Merchant Services will pay the balance of such sums to the Merchant after deducting the amount of any such liabiLity, or Barclays Merchant Services is satisfied that no such liability will be (ncurred or If incurred Barclays Merchant Services will be reimbursed promptly by the Merchant

It Force Maicure

Barclays Merchant Services shall not be under any liability It It vs unable to perform its obiigatian~ due directly or Indirectly to the failure ci any machine, data processing system or Iranstulsston link or to IndustrIal dli-pole, or to anything outside their control of any of Barclays Merchant Services, its agents and sub-contractors.12 Direct 9cblt~

The Merchant wilt authorise the Merchant’s bank to pay on presentation all re-quests for payment of a direct debit initiated by Barclays Merchant Services In respect of amounts due to Barclays Merchant Sertictat uimfer this Agreement

13 Interest on Late Payments

Any sum due to Barclays Merchant Services under this Agreement shall be immediately payable. Barclays Merchant Services may charge interest ax the rate of 2% per month on a daily basic whether before or after judge-meat on air, sum which the Merchant fails to pay. lntettst accrued shall be payable at the end ot each month.14 ConfidentialIty14.1 The Merchant shall not:

14.1.1 compile or use any lists of Cardholders or Card Numbers or any other Information relating to Barclays Merchant Services" business (which Includes any infonn~xion contained In the Schedule) except for the purpose of this Agreement; nor

14.11 disclose any such information to any third party apart front a professional advisor or agent or sub-contractor appointed under Clause 17 or where reaulrcd or permitted to do so by law.

14.2 The Merchant agrees Barclays Merchant Services may use any Ctrd rtrwssction l)ats for any purpose whatsoever provided that Barclays Merchant Services shall not (unless required or permitted to do so 6 law or tar humid prevention purposes) disclose any confideati Information in respect of such Data or any other confidential information about the Merchant, Its business or customers ouiside the Iliutlays’ Group without the Merchant’s consent in writing.

15 VariationSubject to Chitise 5, Barclays Merchant Services reserves the right to vary or nme~d the terms of this Agrermncnt on notice to the Merchant.

16 Termination

16.1 This Agreement shall terminate upon:

16.1.1(a) Barclays Merchant Services giving notice to the ~rr~-.:~’e

any time;

16.1.1(h) the Merchant giving notice to Bard’~

anytime after expiry of the mnirmimi.

Schedule;

16.1.2 the occurrence of any of the events spo

4.2 and the Merchant shill notify

ServicesassonusitbeCOmeS’Vets~

likely to occur or has occurred.

Immediately upon the occurrence of any of the events referry ~o in paragraph 16.1.1 and t(s.t.2 Card Transaction 1

shall be presented to Barclays Merchant Services, Nor ~or~L I ISG within three banking days of the Card Transac~

effected or given.

162 Termination shall not affect obligations already in~~.o . . . uses 4,

7,8,9, 12, 13, 14, 17 and this Qause shall remain In ~

16.3 The Merchant ncirnowtedgcs that if before the ~

Schedule It terminates this Agreement or commnc~.. of

Cani Transactions under an agreelvicul with SUy cisys

Merchant Services ~siIl he entitled to claim £200 in rc-s~~ .~,ui of the

Merchant’s retail outlets at such time by way o[iIq~uidated damages for thecost to Barclays Merchant Services of supplying and maintainingTerminals.

17 Assignment and AppoIntment of Agents and Sub-C’-. ThsAgreeinentsntsasSiSl1abIebYt1teMerdemt(~

vidu’als shall bind their personal representatives). Any a~

Lcact,~ mqmpcvliikd by the Merchant to hupleinent ac of this Agreement shall be approved by Barclays Metcto~ wiiting~ and Barclays Merchant Services may withdraw its ar~ time. ft Barclays Merchant Services approves any agent ov . .~tor then the Merchant shall be responsible for ensuring that such agent or sub. contractor observes the relevant terms of this Agrn’~"—" ~ciilctttar the IcOns of Clause 14 and references to the Merc~ deemed to include references to such agents or sub-contractors.For the avoidance of doubt the Merchant shall be liable for any art or omission Ott the part of any person acting or purporting to act as the Mesohauts agent u employee.

18 WaiverNo waiver by Barclays Merchant Services of any breach .as Agreement shall operate as a waiver of any subsequent or conllnumi~ ~ceach. if ~ of the events specified in sub-clause 4.2 occur ~nd ~ any reason Barclays Merchant Services does not treat this Agreement as terminated at that time, Barclays Merchant Services shall still her: ~d to treat this Agreement as trnninated ax any later date wlthout being obliged to give the Merchant notice of termination anti, until such time, the Merchant shall continue to observe, and be bound by, the terms of this Agreement19 Notices

Any written notice may be given in person or sent by first class post to or led at the last known pl~ce of business or registered ofilce of the Merchant or in the case of Barclays Merchant Services to Bazclzy~ Merchant Services, Northampton NNI 1SG and If posted shall be deemed to have been received by the addressee at noon on the second business day after posting (eschiding by day of despztth).

20 ExIsting Merchant Agreement

Any existing Merchant Agreement and any supplemental agreement or other agreement between Rerebtys Merchant ~et*es and the Merchant to similar effect shall terminate immediately on the execution of this Agreensefu except In respect of accnsed rights.

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The thing is, even though you may well be able to prove your case in court, you need enough in your POC to show the judge that you really do have a case and that it is worthwhile letting you have a hearing. I'm rather concerned that you've been given one chance to do your POC again and it still may not be robust enough. I'd hate to see you lose even more money than you have already. You're right, they don't deny there was a contract, but they are obviously denying they did anything wrong (well they would wouldn't they:rolleyes:).

 

It is difficult to say whether there has been any misrepresentation without seeing what Barclaycard stated in the first place. Can you post up a copy of the contract and terms and conditions, or at least the relevant part(s) which show how BC have failed to meet their contractual obligations.

 

Posted both letter in post 22 & 27

 

here is "T &C"

 

Hello Caro T&C in full

 

 

 

AGREEMENT.

THIS AGREEMF.NT sets out the terms on which the Merchant wilt accept Cards as a means of pa)ment and on which Card Transactions will be authorlsed by and presented to Barclays Merchant Services. IT IS AGREED as follows:

I Tkdlnttlotta

II AusednthsAgreement "this Agreetneltt"

Includes the Schedule and any operating instructions and/or procedure guides aidcli Barclays Merchant Services may notify front time to lime and with which the chant ah~ll comply.

"Card" means any valid financial service card (IncludIng any debit or credit card) appmvcd by Bardays Merchant Services from time to time.

"Cardholder" means the Individual for whose use a Card has been issued at any lime.

"Card Refund"means any refund given in respect of a Card TrAnsaction for credit to the Cardholder’s

account

"Card Refund Data" means details of a Card Refund in a loan approved by Barclays Merchant Services.

"Card Transaction" means any payment made or (if permitied by * procedure guide) cash advance obtained by the use of a Card, a Card number or In~ any manner autborised by the Cardholder for debut to the Cardholder’s account.

•‘Card Transaction Data" means details of a Card Transaction In a form approved by Barclays Merchant Services.

"floor limit" means the total value of the sales (as notified from time to time) that the Merchant may make to a Cardholder on any one occasion without Barclays Merchant Servikes’ authorisation.

"Minimum BuLIin( means the minimum monthly merchant service chat~e (MSC) to be levied on each outlet settemetut where die MSC for that statement period would have~ been for a lesser aatounL

‘~Relevant Tax" means any value ‘JLIdctI tax or any other similar tax or duty.

lerminal(s)" ,,iewis the PDQ Terminal(s) and all ancillary equipment and accessories supplied to the Merchant for submitting Card Transaction Data to Barclays Merchant Services in accorthmc~ with this Agreement.

‘United Kingdom’ includes Channel Islands and Isle of Man.

1.2 The headings are ktceuled In this Agreement for convenience only and shall not effect its construction.

1.3 If the expression "the Merchant" comprises more dunn one person the liability of such persons under this Agiveuneni shall be joint and several.

1.4 ThIs Agreement is governed by English Law and both paciles shall comply with all legislation applicable to them as a result of this Agreement. (Any payments hereunder are due in steding and Boancial limits specified in sterling shall be observed by the Merchant in the corresponding amount of any relevant foreign currency).

~nrclayn Merchant Services obligations Barclays Merchant Services will:

2.1 pay to the Merchant the amount of all Card Transactions effected and presented in aCcordanCe with the terms of this Agreement by crediting ~t t~ank accoind nominated by die Merchant within the linked Kingdom;

2.2 semI dieMerditot statement showing fur the staiement period:

2.2.1 the value of Card Transactions processed by Barclays Merchant Servkes and

2.2.2 the amount of settlce charge pius any Relevant Tax and any other sums due to Barclays Merchant ServIces under this Agreement

3 Mrrchasat’a nbllgatbsr~z

3.1 (a) Subject to paragraph (b), the Merchant will honour all Cards presented by accepting them as a means of payment and, where relevant, by sippl)lng gnods~ services or other fadhities on the anne teams (other than price) as they are supplied for c~,clt

(b) If the Card is of a type spediled in any operating instruction and/or procedure guide, the Merchant must only charge the Cardholder the cash price.

3.2 Ia accordance with the relevant procednre guide, the Merchant with

3.2.L obtain autitorisatioct from Barclays Merchant Services at the time of and for a pankitlar C~rd Transaction ifs Cardholder requires goodS, services or other facilities for an amount;

(a) in excess of the Flour Umit Or

(Sb) falling within * range notiftrd to the Merchant from linac tO time. (The Merchant acknowledges that audiorisadon coufinns the urailability of credit at the dune of nuthorusatlon but does not establish the person in possession of the Card Is the Cardholder

nor does it prevent the Card Transaction being charged hack In

aecontance with (‘Astute 4.1)

3.2.2 contact Bsrciar Merchant Services Immediately to c~nccl an

autborisatlon lithe sale In respect of which the authodsalion was

oblaitted Is nut thereupon conduded

3.2.3 present Card Transaction Data and Card Refund Data to Barclays

Merchant Services, or such other person as Is approved by

Barclays Merchant Senices, wIthin 3 banldng days oldie relevant

Cud Transaction or Card Refund and the presentation of Card

Transaction Data shall be a warranty that the goods, services or

other facilities have been supplied~ if Card Refunds exceed the

valuc of Card Transactions presented the excess will he paid by

or collected from the Merchant in accordance with procedures

agreed from time to time,

3.2.4 on the instructions of and as directed by Barclays Merchant

Services retain any Cant presented;

3.2.5 in any case other than sub.dause 3,2.4 not act, nor purport to ad

as agent of Barclays Merchant Services. if the Merchant is

deemed agent of Barclays Merchant Services by statute, the

Merchant shall Immediately send to Barclays Merchant Services

any notice received from a Cardholder.

3.3 The Merchant will notify Barclays Merchant Services hi writing immediately If It ceases to trade or intends to sell Its business.

3.4 The Merchant Wilt not:

3.4.1 honour a Card In order to provide cash (unless permitted by a procedure guide) nor where the provision of cnudk is unlmvful

3A.2 supply any other person with equipment to enable them to effect Card Transactions nor present to Barclays Merchant Services Card Transaction Data which was not orIginated as a result of a ransucliotl between a Cardholder arid the Merchant.

4 Charge-back Rights

4.1 Barclays Merchant Services may withhükt payment on presentation of

Card Transaction Data or, if the Merchant bat been paid for the Cord

Transaction, charge-back the amount of the Card Transaction in the

Merchant and notwithstanding that the Card Transaction may, brr~ ‘n

nutbouised, it:

4.1.1 Card Transaction Data is issued or presented in breach .~Is

Agreenient (which includes any operating instruc’ or

procedure guide); or

4.1.2 Karch~ Merchant Servicct receives a claim relating ju .. Card Transaction; or

4.1.3 the Merchant bats to produce, at Barclays Merchant Services’ request, evidence of the Cardholders authority to debit the amount of a Card Transaction in die form approved by Barclays Merchant Services or the CardholdL’r denies having authorised a telephone ordcz or

4.1.4 any cia’cunistance specified in a relevant procedure guide as entitling the Batik to make a charge-buck occurs; or

4.1.5 any circumstance specified in sub-clause 42 occurs, or Barclays Merchant Services considers it is likely to occur, and the goods, services or other facilities referred to in the Card Tr.uusadioui Data have not yet been supplied.

4.2 The events referred to in panigraph 4.1.5 are:

4.2.1 ihe presentation of a petition to wind up the Mcrchant or to appoint an sulmlnLrtrator of the Merchant,

42.2 the convening of a meeting of members of the Merchant to consider and If thought fit pass a resolution lee the voluntary winding up of the Merchant;

4.2.3 . the appointment of a receiver over any materIal part of the property or undertaking of the Merchant;

4.2.4 the making of atty proposal in respect of the Merchant for a

- composition in satisfaction of debts or a aclienue of arrangenusut (morinsilor infoymsil): or

4.2.5 the death of or the presentation of a bankruptcy ~et1t1nn sgainst due Merchant or the inalduig of an application Inc an Interim order pursuant to Section 253 of the Insolvency Act 1956 in respect of the Merchant

4.3lhe amount of may Card Transactioti which Barclays Merchant Services Is entitled to charge’back to the Merchant under this Agreement shall be a debt rnmtedhutely due from the Merchant to 8ardaj~s Merchant Services.

44 If, itntler this Agreement, Barclays Merchant Services withholds payment on any Card Transaction Data or the amount of any Card Transaction Unto is daarged-bar.k to the MerehaM, Barclays Merchant Services shaft be under no responsibility to proceed payment for the Card TrJrL’iactton or otherwise deal with the Cardholder in respect thereof and the Merchant shall not re-present in any manner Card Transaction Data relating tosudi Card Transaction.

5 Charges

The Merchant will pay die charges (plus Relevant Tax) specified in the

Sducduk in consideration of the provision by Barclays Merchant Services

of services under this A~reement, Barclays Merchant Services may vary

the rate or basis of Its cfmarges out giving not less than one moiuth~s wait-

ten notice escept as provided in the Schedule.

6 promotIon of the Cards

The Merchant shall adequately display at each premises the promotional

sign(s) or other material provided by Barclays Merchant Services and

may use names or designs approved by Barclays Merchant Services sole

ly to indicate that Canl e accepted f~ payuiicni The Mcochar.t shall

 

not use any oilier niloerlit rekrrlng 10 tha ±Lys Merchant Services or any (~tJIer munc assodated with Cards without Barclays Mvrdiaat Services’ approvaL

7 Barclays Merchant Suvlces Property7.~ Barclays Merchant Services shall deliver Terminals and repair Or (at the option of Barclays Merchant Services) replace faulty ~pjp~j~

72 The Mcrchant will:

(a) comply with (and procure that Individuals acting for the Merchant comply with) any installation procedures and/or any PDQ Operating Guide

(h) use its best endeavours to avoid any damage to or loss of any Tenninai and

© ensure that staff who use Terminals have received suitable tf:linln&

7.3 Terminals and any other equipment lent to the Merchant hi connection with this Agreement shalt remain the propecly of Barclays Merchant Sev*es and shall not be dispose-ti of by the Merchant

7.4 The Merchant shall be responsible for all toss or damage to Terminals (except what Barclays Merchant Services determines to be fair wear and tear) and shall insure and keep them insured against such loss or damage on an all risk basis to their full replacement ~alue as notified in the PDQ Operating Guide arid advised rsiin tine to time..

iS Neither the Merchant nor any of Its employees or seems shall cariy not any maintenance or modification of any TerminMs without Barclays Merchant Services consent at wilting. The Merchant will promptly anti fy Barclays Merchant Scrvices of any LwLt that occurs and allow access at teasouable tintes to any person acting for Barclays Merchant Services for any purpose connected with Terminals.7.6 The Merchant agrees only to use such name or mark in connection with Terminals as ilseclays Merchant Sesvicea may at any time aehel, and hi whatever loon Barclays Merchant Services chooses. As against the Merchant, any such names or marks, and the loon of their represents-thin, are the property of Barclays Merchant Services.

7.7 The Merchant acknowledges that Barclays Merchant Scevices has no ccsponsibi~ity under this Agreement to reimburse the Merchant f~r the cost of goods and/or services supplied against presentation of cards accepted by the Merchant under any agreement other than this Agreenteult

7.8 Barclays Merchant Services gives no warnuaty as to the perfhrmance of the Terminals, Barclays shall not be liable for any loss sugerod ivy the Merchant due to the Merchant’s non-compliance with the lerms of this Ckwse 7.

8 Indemnities and Security

8.1 The Merchant shall indemnify Barclays Mcrchant Seances against all losses, costs, penalties, payments or liabilities whatsoever arising out oh (a) any claim being made or defence raised against Barclays Merdamt Services by a Cardholder where such a claim or defence is a direct or Indirect result of an act or omisafon on the art of the Merchant which Indudes, but Is not ~cnited to, the act of supp~ and

(h) any breach of this Agreement including breaches of any procedures and inatraclions resulting in additional work for Ban±iys Merchant Services or any [rand on the part of the Merchant.

8-2 The Merchant expressly agrees, notwithstanding any earlier agreement with the Bank to the contest", that any security held or taken by the Barth to secure all monies and hal;iiittes incurred or owing to the Bank by the Merchant from time to time shall, for the avoidance of doubt, extend to and include all liabilities of the Merchant arising under or in connection with this Agreement.

9 CardhoLder Disputes and Fraud Prevention

9.1 The Merchant will take all reasonable steps tp assist Barclays Merchant Services in handling a claim by a (llrdflokler against Barclays Merchant Services. Rarclxy~ Merchant Services shall have complete discretion whether or not to defend any such claim or to negotiate asw settlement with the Cardholder which shall be binding on the Mcrchant

9.2 The Merchant will provide Barclays Merchant Services with reasonable assistance requested from time to time for the prevention and detection of fraud and will inform Barclays Merchant Services of any material change In the nature or size of its business which, if nor notified to Bnrct~iys Merchant Services, might suggest fraudulent activity at the Merchant.

to Set-Off

Barclays Merchant Services may without notice set-ed the amount of any liability incurred by the Merchant to Barclays Merchant Services under this Agreement or,tf any of the events spedfied In sub-clause 4.2 occurs, in arty other manner wfntsoever, against any sum which would otherwise be due to the Merchant from Barclays Merchant Services, whether under this Agreement or otherwise. If Barclays Merchant Services considers that die Merchant is likely to Incur any such liability, It shall not be obliged to make any payment of sums which would otherwise be due to the Merchant hereunder until either the liability is incttt’ted when Barclays Merchant Services will pay the balance of such sums to the Merchant after deducting the amount of any such liabiLity, or Barclays Merchant Services is satisfied that no such liability will be (ncurred or If incurred Barclays Merchant Services will be reimbursed promptly by the Merchant

It Force Maicure

Barclays Merchant Services shall not be under any liability It It vs unable to perform its obiigatian~ due directly or Indirectly to the failure ci any machine, data processing system or Iranstulsston link or to IndustrIal dli-pole, or to anything outside their control of any of Barclays Merchant Services, its agents and sub-contractors.12 Direct 9cblt~

The Merchant wilt authorise the Merchant’s bank to pay on presentation all re-quests for payment of a direct debit initiated by Barclays Merchant Services In respect of amounts due to Barclays Merchant Sertictat uimfer this Agreement

13 Interest on Late Payments

Any sum due to Barclays Merchant Services under this Agreement shall be immediately payable. Barclays Merchant Services may charge interest ax the rate of 2% per month on a daily basic whether before or after judge-meat on air, sum which the Merchant fails to pay. lntettst accrued shall be payable at the end ot each month.14 ConfidentialIty14.1 The Merchant shall not:

14.1.1 compile or use any lists of Cardholders or Card Numbers or any other Information relating to Barclays Merchant Services" business (which Includes any infonn~xion contained In the Schedule) except for the purpose of this Agreement; nor

14.11 disclose any such information to any third party apart front a professional advisor or agent or sub-contractor appointed under Clause 17 or where reaulrcd or permitted to do so by law.

14.2 The Merchant agrees Barclays Merchant Services may use any Ctrd rtrwssction l)ats for any purpose whatsoever provided that Barclays Merchant Services shall not (unless required or permitted to do so 6 law or tar humid prevention purposes) disclose any confideati Information in respect of such Data or any other confidential information about the Merchant, Its business or customers ouiside the Iliutlays’ Group without the Merchant’s consent in writing.

15 VariationSubject to Chitise 5, Barclays Merchant Services reserves the right to vary or nme~d the terms of this Agrermncnt on notice to the Merchant.

16 Termination

16.1 This Agreement shall terminate upon:

16.1.1(a) Barclays Merchant Services giving notice to the ~rr~-.:~’e

any time;

16.1.1(h) the Merchant giving notice to Bard’~

anytime after expiry of the mnirmimi.

Schedule;

16.1.2 the occurrence of any of the events spo

4.2 and the Merchant shill notify

ServicesassonusitbeCOmeS’ Vets~

likely to occur or has occurred.

Immediately upon the occurrence of any of the events referry ~o in paragraph 16.1.1 and t(s.t.2 Card Transaction 1

shall be presented to Barclays Merchant Services, Nor ~or~L I ISG within three banking days of the Card Transac~

effected or given.

162 Termination shall not affect obligations already in~~.o . . . uses 4,

7,8,9, 12, 13, 14, 17 and this Qause shall remain In ~

16.3 The Merchant ncirnowtedgcs that if before the ~

Schedule It terminates this Agreement or commnc~.. of

Cani Transactions under an agreelvicul with SUy cisys

Merchant Services ~siIl he entitled to claim £200 in rc-s~~ .~,ui of the

Merchant’s retail outlets at such time by way o[iIq~uidated damages for thecost to Barclays Merchant Services of supplying and maintainingTerminals.

17 Assignment and AppoIntment of Agents and Sub-C’-. ThsAgreeinentsntsasSiSl1a bIebYt1teMerdemt(~

vidu’als shall bind their personal representatives). Any a~

Lcact,~ mqmpcvliikd by the Merchant to hupleinent ac of this Agreement shall be approved by Barclays Metcto~ wiiting~ and Barclays Merchant Services may withdraw its ar~ time. ft Barclays Merchant Services approves any agent ov . .~tor then the Merchant shall be responsible for ensuring that such agent or sub. contractor observes the relevant terms of this Agrn’~"—" ~ciilctttar the IcOns of Clause 14 and references to the Merc~ deemed to include references to such agents or sub-contractors.For the avoidance of doubt the Merchant shall be liable for any art or omission Ott the part of any person acting or purporting to act as the Mesohauts agent u employee.

18 WaiverNo waiver by Barclays Merchant Services of any breach .as Agreement shall operate as a waiver of any subsequent or conllnumi~ ~ceach. if ~ of the events specified in sub-clause 4.2 occur ~nd ~ any reason Barclays Merchant Services does not treat this Agreement as terminated at that time, Barclays Merchant Services shall still her: ~d to treat this Agreement as trnninated ax any later date wlthout being obliged to give the Merchant notice of termination anti, until such time, the Merchant shall continue to observe, and be bound by, the terms of this Agreement19 Notices

Any written notice may be given in person or sent by first class post to or led at the last known pl~ce of business or registered ofilce of the Merchant or in the case of Barclays Merchant Services to Bazclzy~ Merchant Services, Northampton NNI 1SG and If posted shall be deemed to have been received by the addressee at noon on the second business day after posting (eschiding by day of despztth).

20 ExIsting Merchant Agreement

Any existing Merchant Agreement and any supplemental agreement or other agreement between Rerebtys Merchant ~et*es and the Merchant to similar effect shall terminate immediately on the execution of this Agreensefu except In respect of accnsed rights.

 

 

LOOSER01

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I believe that requests under the Data Protection Act apply to individuals and not companies, so I don't think you could get them on that one.

 

I repeat, why do you think that they are legally required to pay the money back to you?

 

I am on your side, but you need to make that clear to the court or I can imagine the case being struck out.

 

Hi, Caro

 

Posted both letters and T&C today - DOING RESEARCH on both "mistake law" and "misrepresentation Act" - I thnink Barclays got their way around on this one and that's how they do us all, i need help on this asap and guidance for next step in the court at the hearing or if i can send any draft letters to both the court and Barclays before the hearing date comes etc etc.

 

Please let me know if you know any one else familiar with this issues on here as well, all the help greatly appreciated from you and others.

 

regards

 

looser01

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Hi, Caro

 

My scanner is playing up, trying to scan and it goes all over the places ..i will scan all the letters and "T&c" later tonight have a look at it,

 

Regards to POC ammended as per court's order now it has gone to court both claimant v Barclays Bank PLC - can i send a letter for more ammended defence ? add for judge to consider before the hearing date? or do i wait till i hear from the court? for the date - and then take the court bundle ?? meanwhile should i prepare for more grounds? i.e.

 

"mistake" and which part of "mistake law" or "misrepresentation act" Barclays i think are defending on these two law, i was reading about it for last two days and find it very difficult to understand itin line with my evidence etc etc.. i need as much help as i can from you and MARTIN3030 he seems knowledgeable too.

 

Thanks again

 

-----------------------------------------------------------------------

Abstract Copy of 20 August letter (scaner is playing up)

 

 

xx /xx / xx

 

20 August 2002

 

 

 

Dear Mr xxxxxxxxx

BARCLAYCARD

 

1234 Pavihon Drive

Northampton NN4 7SG

 

Tifiephone: 01604 234234 www.barcuycardmerchantservices.co.

 

 

By Fax & Post.

 

 

 

 

 

 

Merchant Number: xxxxxxxxxx

 

 

 

Your Ref: M? xxxxxxx xxx xxxx

 

 

 

 

I refer to your letter dated to the 5 June.

 

The card has been confirmed as counterfeit by the cardholder to his card issuer.

 

Lloyds TSB PLC (the card issuer) have advised ourselves that the card used was counterfeit.

 

I am aware that questions were asked and answered during the telephone conversation with the operator. However, I would draw your attention to section 4 of the Merchant Agreement, “We may charge a card payment back to you or refuse to pay it even if it has been authorised”. “We have the right not to pay you or to charge back in the following circumstances”.

 

“If we receive a claim to do with card payment. This claim could be from the cardholder or from any other person” and “If you do not give us evidence that the genuine cardholder has authorised the card payment”.

 

From the evidence I have seen, I would conclude that the genuine cardhotder did not make the payment at your clients premises.

 

No evidence provided from Barclays Bank Plc / this person wrote to me, does that mean "misrepresenting the bank's interest, thus the misrepresentation Act is used against the defence?

 

need guidance and help to represent once again as forgoing to the county court before hearing etc.

 

 

looser01

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I'm no expert on this claim material, but would the Misrepresentation Act be of use? If if is, you could avoid the "F" word and claim the bank made Misrepresentations that lead to having a financial loss, it then doesn't matter if they made the statements fraudulently - plus this would switch the burden of proof from the OP to the Bank to prove they didn't.

 

 

That sounds good - and BC has misrepresented also the unfair terms Act 1977 s.11

 

11 The "reasonableness" test

(1) In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the Misrepresentation Act 1967 and section 3 of the Misrepresentation Act (Northern Ireland) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

(2) In determining for the purposes of section 6 or 7 above whether a contract term satisfies the requirement of reasonableness, regard shall be had in particular to the matters specified in Schedule 2 to this Act; but this subsection does not prevent the court or arbitrator from holding, in accordance with any rule of law, that a term which purports to exclude or restrict any relevant liability is not a term of the contract.

(3) In relation to a notice (not being a notice having contractual effect), the requirement of reasonableness under this Act is that it should be fair and reasonable to allow reliance on it, having regard to all the circumstances obtaining when the liability arose or (but for the notice) would have arisen.

(4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the requirement of reasonableness, regard shall be had in particular (but without prejudice to subsection (2) above in the case of contract terms) to—

(a) the resources which he could expect to be available to him for the purpose of meeting the liability should it arise; and

(b) how far it was open to him to cover himself by insurance.

(5) It is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does.)

----------------------------------------------------------------------------------------------------------------------------

 

what do i do now the claim POC has gone to County Court, hoefully next round will be hearing, do i prepare this argument for the Judge to decide in the direction or any suggestion etc etc, im still not sure how bet to word it or draft it on letter to hand over to judge with other documents which i already submitted in my first POC..

 

please advice

looser01

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I'm going to see if I can get some more knowledgeable help than I can offer. I may be wrong, but as far as I can see you are taking a huge risk taking this to court, although the T&C's aren't clear on your posts. You've already been given one opportunity to amend your POC, and I don't know where you stand about amending them again.

 

Clause 4 of the T&Cs seems quite clear, and I don't see where any misrepresentation comes in to this.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Personally, I would be discontinuing before I risked incurring the Banks costs any further.

 

This seems like a very dodgy claim, to me, and I doubt it's reasonable success in Court, not even taking in to account the Banks possibility of successfully defending it.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Thank you

 

I appreciate the Bank's defence and being sucessful at it, as a litigant in person and individual who were deprived of the money in the first instance they have not provided any evidence, therefore i am looking at the justifying their decesion in the eyes of the law, therefore i thought i take this further and trying to get the argument in nuber of their defence.

 

still learning this, perhapse i might see light at the other side of the tunnel at the end ..

 

looser01

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That won't work in a Court claim, sorry about that.

 

It's up to you, as a Claimant, to prove that you have a claim to bring on the balance of probabilities. It is then up to the Defendant to disprove your claim, in defence, on the balance of probabilities. The Judge will then make a decision, based on some historically binding authorities, the way he feels on the day, and some other mumbo-jumbo that us mere mortals will never understand. Case closed. (Subject to the right of appeal, of course...)

 

I can see that you feel badly done to. What I can't see is how you can legally claim in this way against the Bank, which is why I think you should discontinue.

 

One opportunity would be to amend your POC, but you've already done that and doing it again would probably require leave to do so. I don't think it's in the interests of justice to continue.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I would get, either, some legal advice or some help from the CAG site team in confidence before discontinuing, though. If you do this right, it won't cost you anything. Do it wrong, and you'll be open to a claim of costs against you.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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The thing is, even though you may well be able to prove your case in court, you need enough in your POC to show the judge that you really do have a case and that it is worthwhile letting you have a hearing. I'm rather concerned that you've been given one chance to do your POC again and it still may not be robust enough. I'd hate to see you lose even more money than you have already. You're right, they don't deny there was a contract, but they are obviously denying they did anything wrong (well they would wouldn't they:rolleyes:).

 

It is difficult to say whether there has been any misrepresentation without seeing what Barclaycard stated in the first place. Can you post up a copy of the contract and terms and conditions, or at least the relevant part(s) which show how BC have failed to meet their contractual obligations.

 

Thank you, Caro for sharing this with me

 

POC

 

As it happens i cooperated with barclays from beginning and at the end they gave up

 

As you can see from the two letter i posted from BC. how can they only and are allowed to keep the evidence and not forward it to me?? does this make any sence? surely they are defending by using their terms and conditions as clause and breaches, as a representee of their customer i did nothing wrong and only their word is so far i have to convince the court that there is substantial evidence missing from the banks in order to keep the money which belongs to me therefore it is a theft as far as i am concerned, due to it is business related claim i am finding it hard to get this argument and point to the court, therefore i done the POC as first approach and when the hearing date comes i wll take all the bundle together with this last legal issue for Judge to decide on the facts.

 

Limitation Act 1980 (They used 1985 - any idea as to why??)

mistake

misrepresentations

and failing to cocoperate before CPS approach

 

POC is gone to court on 26 november 2008, can i send anymore documents to court? and the defendent? or do i now just wait till the hearing date?

 

Thanks again

 

looser01

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I would get, either, some legal advice or some help from the CAG site team in confidence before discontinuing, though. If you do this right, it won't cost you anything. Do it wrong, and you'll be open to a claim of costs against you.

 

 

Thnsks

Chris

 

I just need some legal issues / legal wordings to bring to the Judge at the hearing and open the case under Limitation Act 1980 Barclays says Lloyd's card issuer is / or has confirmed to them that it is a counterfeit card, having mentioned in their letters as PROOF they have between the tow BANKS (BIG BROTHERS!!), they have never send me confirmation as evidence i.e DISCLAIMER letter from genuine customer as PROOF to convince me or make me believe that hte card was used was fradulant.. This is what i have to show at the court LEGALLY and prove my innocents that i have sufferd a financial loss duy BC has manipulated all thier "T&C" DEFENCE ETC ETC....

 

See what you can do to help me out on this issues /any other suggestion to turn the case in my favour when i go to court and hoppe for the best...

 

Thanks again

Looser01

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The problem is, that you may not get as far as court. It's the POC that the judge will look at. If the POC don't make it clear to the judge (and to my untrained eye they don't) why you believe that the bank have failed to meet their legal obligations, the judge will not spend time and money on a hearing and may simply strike the claim out. I can't imagine that you will be given another opportunity to amend them.

 

I can see how you can fight the limitations issue, having correspondence that's under 6 years old, but what I can't see is how BC have broken the law. The person who has stolen from you is the person who fraudulently used the card as far as I can see.

 

What you also need to take on board, is that you may have to pay Barclaycard's costs if the judge decided that you should. It may be in your best interests to negotiate with BC that you will withdraw your claim, if they agree not to claim costs.

 

I will continue to try and get more knowledgable advice for you, because my knowledge of the law, like most people on the site is very limited. I think the fact that solicitors would not take your case should be an indicator that they don't think you'd win.

 

I hate having to say this, because as you say, you are the innocent victim and it is very unfair that you have suffered this loss. I assume you have not been able to claim it on insurance.


 

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The problem is, that you may not get as far as court. It's the POC that the judge will look at. If the POC don't make it clear to the judge (and to my untrained eye they don't) why you believe that the bank have failed to meet their legal obligations, the judge will not spend time and money on a hearing and may simply strike the claim out. I can't imagine that you will be given another opportunity to amend them.

 

I can see how you can fight the limitations issue, having correspondence that's under 6 years old, but what I can't see is how BC have broken the law. The person who has stolen from you is the person who fraudulently used the card as far as I can see.

 

What you also need to take on board, is that you may have to pay Barclaycard's costs if the judge decided that you should. It may be in your best interests to negotiate with BC that you will withdraw your claim, if they agree not to claim costs.

 

I will continue to try and get more knowledgable advice for you, because my knowledge of the law, like most people on the site is very limited. I think the fact that solicitors would not take your case should be an indicator that they don't think you'd win.

 

I hate having to say this, because as you say, you are the innocent victim and it is very unfair that you have suffered this loss. I assume you have not been able to claim it on insurance.

 

Thank you, Caro for you input and you great effort in these issues.

 

one question - i sent some documents / correspondents with the first POC will these count in this ammended POC??

 

As regards to Lloyd's confirming to BC that the card used was a ciunterfeit, this is the only proof they need to show to the Judge 9not provided me after their investigation, but a letter as posted here) that they have not misrepresentated / breached their legal obligation / terms under "T&C 4." "CHARE BACK". (Limitation Act 1980 s.32 (1) (b) any fact relavant to the plaintiff's right of action has been deliberately concealed from the defendant; or © the action is for refief from the consequences of mistake. This is the only defence i have / argument for this case and that i need to point out at the hearing if there will be any?

 

do you think there will be a one more chance for me to explain this to the Court. ??

Or can i still send both to court and defendent, please advice legal conditions on the two point.

 

Thanks again

Looser01

Edited by looser01

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The problem is, that you may not get as far as court. It's the POC that the judge will look at. If the POC don't make it clear to the judge (and to my untrained eye they don't) why you believe that the bank have failed to meet their legal obligations, the judge will not spend time and money on a hearing and may simply strike the claim out. I can't imagine that you will be given another opportunity to amend them.

 

I can see how you can fight the limitations issue, having correspondence that's under 6 years old, but what I can't see is how BC have broken the law. The person who has stolen from you is the person who fraudulently used the card as far as I can see.

 

What you also need to take on board, is that you may have to pay Barclaycard's costs if the judge decided that you should. It may be in your best interests to negotiate with BC that you will withdraw your claim, if they agree not to claim costs.

 

I will continue to try and get more knowledgable advice for you, because my knowledge of the law, like most people on the site is very limited. I think the fact that solicitors would not take your case should be an indicator that they don't think you'd win.

 

I hate having to say this, because as you say, you are the innocent victim and it is very unfair that you have suffered this loss. I assume you have not been able to claim it on insurance.

 

no insurance to claim, because they would want evidence i.e disclaimer letter and investigation report from LLOYDS & BS - Not provided me any copy of it and thats why i want to defend the case and claim this money,

 

Thanks again

looser01

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The problem is, that you may not get as far as court. It's the POC that the judge will look at. If the POC don't make it clear to the judge (and to my untrained eye they don't) why you believe that the bank have failed to meet their legal obligations, the judge will not spend time and money on a hearing and may simply strike the claim out. I can't imagine that you will be given another opportunity to amend them.

 

I can see how you can fight the limitations issue, having correspondence that's under 6 years old, but what I can't see is how BC have broken the law. The person who has stolen from you is the person who fraudulently used the card as far as I can see.

 

What you also need to take on board, is that you may have to pay Barclaycard's costs if the judge decided that you should. It may be in your best interests to negotiate with BC that you will withdraw your claim, if they agree not to claim costs.

 

I will continue to try and get more knowledgable advice for you, because my knowledge of the law, like most people on the site is very limited. I think the fact that solicitors would not take your case should be an indicator that they don't think you'd win.

 

I hate having to say this, because as you say, you are the innocent victim and it is very unfair that you have suffered this loss. I assume you have not been able to claim it on insurance.

 

Hi, Caro how r u?

 

I received "AQ" N150 today from the court and need some guidance etc, was searching on the site and elsewhere too, thought of you and MARTIN3030 he seems to be clued up so far in BC case etc, hope you can help us out here.

 

Thanks again

Looser01

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Hi Looser. Sorry I haven't been about for a few days. There's advice on completing AQs in the library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Looser. Sorry I haven't been about for a few days. There's advice on completing AQs in the library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Thanks, Caro

 

is there a different one with the business related AQ? i'm thinking off sending more info to the judge with this AQ.

 

please advice

 

Thanks again

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The problem is, that you may not get as far as court. It's the POC that the judge will look at. If the POC don't make it clear to the judge (and to my untrained eye they don't) why you believe that the bank have failed to meet their legal obligations, the judge will not spend time and money on a hearing and may simply strike the claim out. I can't imagine that you will be given another opportunity to amend them.

 

I can see how you can fight the limitations issue, having correspondence that's under 6 years old, but what I can't see is how BC have broken the law. The person who has stolen from you is the person who fraudulently used the card as far as I can see.

 

What you also need to take on board, is that you may have to pay Barclaycard's costs if the judge decided that you should. It may be in your best interests to negotiate with BC that you will withdraw your claim, if they agree not to claim costs.

 

I will continue to try and get more knowledgable advice for you, because my knowledge of the law, like most people on the site is very limited. I think the fact that solicitors would not take your case should be an indicator that they don't think you'd win.

 

I hate having to say this, because as you say, you are the innocent victim and it is very unfair that you have suffered this loss. I assume you have not been able to claim it on insurance.

 

Hello

Caro

 

I received AQ150 from the court which needs to be sent off by 22 dec 08, need help in section (i) other information, do i need to send in draft order for the section (F)?? Proposed directions, please help me out on this one.

There is also defence enclosed from the bank,

 

Thanks again

looser01

p.s.i posted new thread as well for AQ150

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Hi Looser,

 

I've flagged this up for any further input from the team - it'll be given here.

 

Stick to the one thread, or your case will become unnecessarily confusing to readers. :)


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