DeadSquirrel vs Barclays

[deadsquirrel]

Hello all!

This is my first post, and is to open my exchange with Barclays.

 

I have my SAR letter to send tomorrow, dealing with a current account held with Barclays from '90 to about 2002. Am I right that I can only claim for charges in the last 6 years?

 

Like others I was lumbered with many 'joint and several' debts during divorce some years ago. Since then, I've run up no credit and largely been fee free.

 

Keep you posted

DS (Simon):-?

[jefblight]

Hello,

 

Yep six years only. I am a little further ahead than you. Took me 37 days to get my statements. Everything takes them the max time it seems.

 

Cheers,

 

Jef.

[deadsquirrel]

I don't mind about the delay - these bar stewards have made my life HELL in times past, and I WILL get my money back!

[deadsquirrel]

Letter received promptly from Peter Townsend - same as everyone else's on here. Just got to wait the 40 days I guess for the statements.

[deadsquirrel]

Well, nothing heard as of last Friday (15th Sep), so phoned them. Very nice lady (I don't have a 'personal' issue with the staff as they're only doing their job) said there was a four week backlog and I'd have to wait..... Having explained to her that I'd waited almost 40 days for a response to my SAR, maybe I must be near the top of the pile. She promised to take a note of my details and that I would have my statements on the 16th (Sat) or Mon (18th) at the latest.

 

I'm a little miffed that they're such pathetic excuses, must take no more than 5 mins to get a printoff, stuff into envelope and post..

 

I'll let you know if the statements arrive tomorrow (Monday). If they go over, I've got to check where I go next

[deadsquirrel]

Sorry for not having kept up to date on my thread, but here goes.

 

I've today filed at Stafford County Court my N1 form, claiming a little over £900. I included my 'costs' of £100 in the claim. At the time it made sense, as I've had to research, write, answer etc all the information required to eventually file the claim - and I feel I'm owed the cost of my time. I'm now not so sure I should have included them? Ideas?

 

Anyway, I got to the filing stage by way of standard of preliminary request for refund (completely ignored by Barclays) followed by Letter Before Action (LBA) which was responded to quite quickly with a no chance of refund response, to now filing the claim.

[deadsquirrel]

Just received my AQ and Barclays defence. Reproduced here for the legal types to pick apart - I plan to file a very straightforward court bundle and wait for the next step.

 

1. To the extent it is alleged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fees for returned chequest, "Paid Referral Fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised):

A. The defendants right to charge a "Paid Referral Fee" where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25).

B. the defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

C. The defendant's entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

3. The defendants 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).

 

4. the claim for overdraft interest is denied. In particular it is denied that the said interest was charged on overdrafts caused or caused solely by disproportionate penalty charges, or that such overdrafts were caused by said charges, and/or that the claimant is entitled to interest as pleased or at all. The overdraft and/or subsequent charges were caused by the matters set out below.

 

5. If and to the extent it is the claimants case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits failure to arranged and authorised overdraft constituted a breach of the terms applying to the account and that the contractural entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his/her account and and were consideration for the defendant advancing credit to the claimant, which the defendendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.

 

6. 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, or are in breach of the Unfair (Contracts) Terms Act 1977 or are unreasonable within the meaning of the Supply of Goods and Services Act 1982 (or indeed any other provision).

 

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

 

8. It is further denied that any such charges unduly enrich the defendant.

 

9. If and to the extent the claimant incurred charges on his/her 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/or his/her failure to make payments to bring the balance of the account back into credit.

 

10. 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 bt the court as to the enforcability of the said charges.

 

11. 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 asserted by the claimant to have been applied to the account prior to 20th October 2000 would not be recoverable for reason of exhaustion of time in bringing contractural claims from the date of accrual, persuant to the Limitation Act 1980.

 

12. In the alternative, and without prejudice to para 6 above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforcable 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 it's 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.

[deadsquirrel]

Some things that concerned/confused me:

 

Para 8 amused me

Para 10 is unbelievable - are they REALLY suggesting that whilst I have to PROVE every charge I am seeking, they're not going to support/reveal their costs?

 

para 11 - they got the commencement date wrong!

 

My view - AQ goes to the court tomorrow, with bundle, and I'll SEE THEM IN COURT!

[Welshman]

Some things that concerned/confused me:

 

Para 8 amused me

 

Para 10 is unbelievable - are they REALLY suggesting that whilst I have to PROVE every charge I am seeking, they're not going to support/reveal their costs?

 

para 11 - they got the commencement date wrong!

 

My view - AQ goes to the court tomorrow, with bundle, and I'll SEE THEM IN COURT!

 

As for paragraph 11, they are not taking into account that you have taken some time to file and, now that you have, the start date (in their eyes) has moved on. The effective date is the date you sent or, at the outside, the date they received your S.A.R.

[MARTIN3030]

This is pretty standard stuff from them.

Exactly same as mine.

[deadsquirrel]

********* PLEASE HELP *************

 

I've received notice from court for a hearing date for Jan 27th - but there is NO mention on this notice about submitting court bundles etc. Is this normal? The hearing is listed for 10 minutes duration, so I'm assuming the judge is fully expectant of a barclays no show.

 

HELP PLEASE?

[deadsquirrel]

********* PLEASE HELP *************

 

I've received notice from court for a hearing date for Jan 27th - but there is NO mention on this notice about submitting court bundles etc. Is this normal? The hearing is listed for 10 minutes duration, so I'm assuming the judge is fully expectant of a barclays no show.

 

HELP PLEASE?

 

HELP ON THE ABOVE PLEASE, PRETTY PLEASE!

[Welshman]

Is it a full hearing? What's the wording on the letter?

[deadsquirrel]

Is it a full hearing? What's the wording on the letter?

District Judge **** has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at xx:00 on the xxth January and should take no longer than 10 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

[Welshman]

That's the full hearing by the looks of it.

 

I am surprised that there's been no mention of the submission of a Court bundle and that the Judge reckons that it will take just 10 minutes! Regardless of the lack of such a request, make sure your bundle IS ready for a short-notice submission. It may be just an oversight. They are human too!

 

Maybe, if you think you can handle it, it's now worth contacting Barclays and asking them if they want to settle before the hearing date because reading between the lines, that's what the Judge has intimated in this letter. If you do, make sure also that you have the up-to-date settlement figure infront of you.

[deadsquirrel]

Well, I got a letter from Barclays on Monday.

 

Addressed to someone else (Mr Newman if you're on here, hello!) offering full settlement including costs and interest, but the figure was for charges only, and offering payment to my barclays account - closed some 4 years ago!

 

I spoke to a Mr Papaevridies (spelling will be wrong) who accepted the errors and sent new offer.

 

I've accepted (with no confidentiality clause) and written to the Court to ask for a new court date, pending finalising of the settlement, but not to finish the case in case Barclays get cute.

 

Thankyou to everyone on here - just waiting for the cheque

[dickeggsy]

well done mate.

i'm pretty sure someone else got a letter of settlement with the wrong name on and i'm sure it was newman.

maybe it's another standard letter and they forgot to change the name.

enjoy the money.