Welshman v Barclays **WON**

[victimnomore]

As far as the law is concerned. England and Wales is one country.

[Welshman]

Hi Lottie - there are a few of us Taffs here and together with the Sais we'll help each other get through this.

 

The spreadsheet to use is the England simple excel here under Bank Accounts. Mind you, that will only open if you have Microsoft Office/Excel installed on your computer. If not, click on this link and in particular take a look at post #12.

 

I havn't had the need to look there but I really hope it helps you somewhat.

 

Don't give up hope, you'll get there.

[Welshman]

Ah. So that's what an AQ looks like!!! I received the N149 form which I've completed and handed in at Court earlier today. No point hanging around. I know someone who works there and they said that they are still allocating December dates for Small Claims.

 

My defence is the same as Druids' with the exception of some extra wording in mine in the first paragraph. Here it is:

 

1. The Particulars of Claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Re~erral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the Claimant exceeds his/her authorised overdraft limit).

 

3. If and to the extent it is the Claimant's case that the failure to make necessary payments and I or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms a.."1d conditions or hisiher account and Were consideration for the Defendant advancing creditto the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

 

4. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph l(e) of Schedule 2), or are in breach of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of the Supply of Goods and Services Act 1982 (or indeed any other provision). It is further denied that any such charges unduly enrich the Defendant

 

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

 

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

 

7. 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. Accordingly, the Claimant is not entitled to a declaration by the Court as to the enforceability of the said charges.

 

8. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded by the Claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted by the Claimant to have been applied to the account prior to O8th September 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the Limitation Act 1980.

 

9. In the alternative, and without prejudice to paragraph 6 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 2 to 3 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

Defence laid on 10/10/2006

AQ received/filled in/deposited in Court 12/10/2006. Barclays have until the 29th to put theirs in.

[pauldean]

WOW!

 

I have to admit- don't understand a word of that, let us all know when you have Dephiferd it!

It sounds a bit scary?

[surreylad]

Hi Lottie - there are a few of us Taffs here and together with the Sais we'll help each other get through this.

 

The spreadsheet to use is the England simple excel here under Bank Accounts. Mind you, that will only open if you have Microsoft Office/Excel installed on your computer. If not, click on this link and in particular take a look at post #12.

 

I havn't had the need to look there but I really hope it helps you somewhat.

 

Don't give up hope, you'll get there.

 

The spreadsheet will also open in openoffice2 which is loads better than microsoft and it is free!!! visit OpenOffice.org: Home You can with this also save it as a pdf file automatically.

[victimnomore]

Yes, it sounds scary. That's it's only purpose.

 

To paraphrase:

 

1.

The charges - tell us how much and when.

 

2. to 8. inclusive

The charges are not unlawful because they're our standard charges so they're not unlawful because they're our standard charges so they're not unlawful because ... .. .. oh anyway yaboo sucks to you they're not unlawful.

 

9. even if they are unlawful we'll charge them anyway, well just call them, er, "liquidated damages". Eh?

 

Or, to paraphrase further. Their answer to our reasoned legal argument that the charges are unlawful is "Oh no they're not".

 

Pantomime anyone?

[Bookworm]

Oh Yes, They Are!!!!!!

[Welshman]

Stop taking the **** out of my thread or I'll set one of the ugly sisters on you.

 

Bookworm. how did it go yesterday?

[squishy]

 

Or, to paraphrase further. Their answer to our reasoned legal argument that the charges are unlawful is "Oh no they're not".

 

Pantomime anyone?

 

ROFL!!!!!

[Welshman]

Now it's my turn to ask for guidance and confirmation.

 

I have my bundles ready for numbering. In addition to Bookworms' basic bundle, I have added the schedule of charges, highlighted itemised statements and copies of all correspondence between me and Barclays.

 

In total that comes to 104 pages. Some have indicated that they have 250 pages in their bundles. Does my figure seem a bit low? I have only included the statement sheets with charges on.

 

Apart from the charges in the statements, is there any text within the legal jargon in the bundle that needs highlighting?

 

Finally, you guys who have already deposited your bundles, did you hole punch the sheets and buy specific folders from somewhere like WH Smith and present them that way?

 

If so, I'm buying two. Barclays can have theirs bare.

 

Thanks for any responses.

[squishy]

Hi Welshman, can only tell you what I did.....

 

I didn't count my pages (indexed them as A, B, C and appendices as AA, BB etc as per Jonni2bad's).

 

I only included statement sheets with charges on as well.

 

I didn't hole punch or file them, I put an index sheet on the front and held them together in a big band. I did, however, staple pages from the 'same' bits of legislation together (so instead of lots of loose sheets, had several stapled documents).

 

I asked about highlighting and based on the advice I received, I only highlighted my own.

 

I also took mine into the local Barclays branch and they posted the bundle through their internal mail and gave me a receipt - saved me quite a 'bundle' on postage I think!!

 

Best of luck!

[Welshman]

Well, Barclays submitted their AQ yesterday, the very last day.

 

I popped down to the Court and spoke to someone I know very well there. She said that ALL cases are now being transferred to Cardiff - I'm in South West Wales. There's a specialist Judge hearing the Barclays cases in Cardiff and every one with as near an identical case will be dealt with together. She confirmed that, as far as she knew, no other banks' cases were being transferred at present.

 

The dates for cases are now into January 2007 in my particular Court area but with Barclays cases all being transferred, there's a chance of it being slipped into Cardiff before Xmas, but I'm not holding my breath.

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

Defence laid on 10/10/2006

AQ received/filled in/deposited in Court 12/10/2006.

Barclays submitted their AQ on the 30th October.

[121o121]

"There's a specialist Judge hearing the Barclays cases in Cardiff and every one with as near an identical case will be dealt with together."

 

Do you think it may go down an Allocation Hearing route like some currently are?

[Welshman]

Don't know as yet. We'll just have to wait and see on that one.

[narchuk]

hey welshman hope all is going well with your claim

 

can you help i just received notice of acknowledgement of sertvice has been filed

 

and they say they are going to defend ..

 

where do i go from here? any help much appreicated

 

NARCHUK

[Welshman]

They have 19 days from the date you filed at Court to Acknowledge. Once they do ack' the system adds another 14 days on top in order for them to submit a defence therefore they have 33 days before things are transferred to your local Court.

 

By now, you should have begun to take steps to compile your Court Bundle. Provided you don't have complications over and above the reclamation of the money, you can get that i nformation from here which is the Basic Court Bundle. You need to tailor it to your own circumstances.

 

Hope this helps you

[Charbydis]

I have just had a letter saying my case is being transferred to Cardiff County Court from Newport. It looks like a District Judge Hendicott is dealing with them.

[Welshman]

You're probably ahead of me. Out of interest, when did you send in your AQ? It will give me a rough indication as to when mine will be transferred.

 

My friend who works at my local court said the Judge is next looking at these cases next Monday.

[Charbydis]

I posted it 16th October if that helps

[Welshman]

OK. thanks for that. I think I was just before you at that particular time but looks like these are done in my local Court on a Monday and, as Barclays didn't post their AQ until then, it's now lagging behind by a week.

 

Have you been asked for anything by the Court since submitting your AQ?

 

Data Protection Act sent 26th May 2006

Not Received - polite reminder 7th August 2006

Statements received 10th August 2006

Preliminary letter sent 11th August 2006

Standard reply received 17th August 2006

LBA sent 25th August 2006

Offer Received and declined 30th August 2006

Filed for Court via MCOL 8/9/2006

Letter received confirming it on 9/9/2006

Claim acknowledged on 26/9/2006

Defence laid on 10/10/2006

AQ received/filled in/deposited in Court 12/10/2006.

Barclays submitted their AQ on the 30th October.

[davidwilcock]

Hi everyone, i'm about to file with money claim 2mo to reclaim over £2500 off Barclays. but i am worried that the account in queston is still over the over draft limit. is it wise of me to go to court with the account being like this?

[121o121]

Whys it over the overdraft limit? Because of unlawful charges?

 

Don't hesitate mate. Plenty of others are claiming in your situation.

 

Good Luck

[davidwilcock]

Cheers Welshman. your right i will file 2mo.

[Welshman]

Cheers Welshman. your right i will file 2mo.

 

Hi. You need to create your own thread. Go here , scroll to the bottom and on the left, you'll see the link. It makes it easier for us to monitor and help you then.

 

No problem that you're still in O/D. carry on regardless. (That's a good title for a film don't you think).

[Anaid80]

Good luck Welsh Man!