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noomill060

Repudiation/ recission of contract PoCs for damages claim

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Barclays waved the white flag after I sued for return of PPI premiums and interest. After the case was settled they unlawfully terminated the account.

 

I have been working on PoCs for a claim for damages as a result of the breach of contract- (repudiation) and their unlawful recission of contract.

 

Any comments suggestions or am I barking up the wrong tree (or simply barking!)

 

1. The Applicant had an account regulated by CCA74 (the Act) with the Respondent. (xxxxxxxxxxxxxx) opened xx/xx/xx (The Account)

 

2. On the Applicant contacted the Respondent and raised a query over the enforceability of the Credit Agreement and a mis-sold PPI agreement

 

3. On xx/xx/xx the Respondent withdrew the Applicant’s use of the credit card by reducing the “cash limit” available on the account to zero.

 

4. This was quite unnecessary, as the account balance exceeded the credit limit in any case thus further use of the card would be dependent on the Applicant reducing the credit balance to below the credit limit.

 

5.The Applicant considered that the Bank was considerably in debt to himself due to mis-sold PPI premiums and interest unlawfully levied thereon and being unlawfully debited to the Account.

 

6. Coupled to the Bank’s failure to comply with a simple request made pursuant to s.78(1) of CCA74 for a true copy of the credit agreement, and the bizarre documents supplied by the Bank which it claimed to fulfil its obligations under the Act- the Respondent provided an application form of a Mr X X Xxxxxx of Accrington in Lancashire and a set of terms and conditions belonging to a different company to which the Respondent is legally bound under s.127 CCA74

 

7. In the light of this nonsense, the Applicant no longer considered himself obliged to continue making payments to the Bank and on 4 December 2008 filed a legal action with the Court for direction, judgement and just consideration of the above issues.

 

8. An agreement was reached between the parties, the Respondent asserted that all its credit agreements were enforceable and the Account balance was set to zero. The terms of settlement do not allow for the ending of the agreement and the Applicant looked forward to continued use of the credit card as a method of secure payment.

 

9. The Applicant’s use of the Account under the terms of the credit agreement was not restored, however and on 19 March 2009, the Respondent unilaterally and arbitrarily marked the Account as “Ended” on the Applicant’s credit report.

(Exhibit AA)

 

10. The Applicant asserts that the Account was unlawfully ended and respectfully reminds the Court that this account was regulated by CCA74. CCA74 only allows for a creditor to legally terminate such an agreement following a Default Notice in the prescribed manner set out by statute in ss.87 and 88 of the Act. The wording of the Act precludes any interpretation of the unlawful and arbitrary nature of the termination.

 

In the circumstances pertaining at the time, the account balance was zero, the Applicant was not in debt to the Respondent, there were no arrears and so there can be no question of the Applicant being in default of anything.

 

11. The Applicant asserts that the Respondent unlawfully ended the agreement purely in retaliation for having to concede to the Applicant's legal argument in the above mentioned claim.

 

12. The Applicant recognises that the Respondent may chose who it wishes to do business with, but asserts if it wishes to arbitrarily end a credit agreement with a customer, that choice must come at a price.

 

 

13. In permanently denying the Applicant his rights to use the account, the Respondent is denying him the benefits, privileges and delights promised in the Respondent’s terms, conditions and benefits relating to the Account:

 

a) The Respondent would return to the Applicant 1% of all spending on the card. This is a small percentage, but over the life of the card this amounts to 1% off everything the Applicant would have bought. Should the Applicant live another 40 years, at an annual spend of £6000 per annum, the Applicant would suffer a loss of £2400 due to the Respondent’s repudiation of contract.

 

b) Under s.75 of CCA74, the Respondent is jointly liable with a supplier should the supplier fail to supply goods and services. In the event of a supplier going out a of business, the Applicant would have cause of action against the Respondent for redress. In a world where the best deals for more and more goods and services are becoming accessible only online or mail order, the Respondent has deprived the Applicant of this access to spend secure in the knowledge that his payment is safe and secure.

 

14. The Applicant asserts that the Respondent has deprived him of all these advantages (and the many other wonderous benefits promised in the Respondent's sales blurb for this product) purely because he used his rights under our democratic Common Law constitution and used our legal system to challenge the Respondent over its mis-selling of PPI and it’s failure to retain it’s credit agreement.

 

15. The Applicant asserts that the Respondent’s actions against the Applicant have been unreasonable, unlawful and oppressive.

 

16. The Applicant notes that the Respondent is legally obliged to retain all credit agreements during the life of the agreement and until least six years after the lawful end of it.

 

17. The Applicant claims damages due to repudiation of contract and unlawful recission of an agreement regulated by CCA74 , the amount of damages (if any) to be determined by the Court to a maximum of £2000

Edited by noomill060

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haha 10) made me chuckle but I'm guessing you'll remove that one :-)

 

Being pedantic:-

 

2) needs a "on xx/xx/xxxx"

4) "on any case" should read "in any case"

 

Might be worth looking at the Banking code to look at unfair account closing which is enforceable under the Unfair trading regs now. Always good to add a bit of breach of regs to a claim :-D

 

S.


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Thanks shadow- s.10 will be replaced with something a little more legalistic but which means the same- just couldnt think of anything more appropriate last night! :D

Edited by noomill060

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Hi Noonmill

 

A couple of comments:

 

"11. The Applicant believes that the Respondent ended the agreement in a bad tempered, spiteful and churlish strop, analogous a small child stamping his or her feet after being told they definatley weren’t going to get an ice cream and having to hand back the toy train which they pocketed in Woolworths, because it wasn’t theirs to keep."

 

Not the most business like turn of phrase and bordering on tit for tat.

 

12. The Applicant recognises that the Respondent may chose (who it) with whom it wishes to do business (with), but asserts if it wishes to arbitrarily end a credit agreement with a customer, that choice must come at a price.

 

 

This is obviously picky but is also being used a means to sub

 

GK

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The above mentioned (but entertaining!) para has now been replaced

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The above mentioned (but entertaining!) para has now been replaced

 

 

88 :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Two fat ladies 88? :rolleyes:

 

sorted

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Two fat ladies 88? :rolleyes:

 

sorted

 

Bingo ;-D

 

Looking forward to reading about this battle.....

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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LBA has already been sent. No doubt Barclays are quivering in terror at the coming storm.:rolleyes:

 

A few years ago at the start of the reclaiming fiasco, I remember the FOS awarding £125 against Barclays after they cancelled a customers card after he succesfully took action to reclaim charges.

 

The consenus was that he would have been awarded a much larger amount by a Court.

Edited by noomill060

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Claim form printed and will file tomorow after sorting out a few typos and stuff on those POCs.

Edited by noomill060

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Just to acknowledge reciept of your subs.Thanks team looking.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Needs a tidy up and would suggest that the figure of 2k be replaced by "an amount to be determined at the discretion of the Court "

In your claim value you would say "The total amount being claimed is unknown but it is less than £5,000."

 

 

Dont forget also that if this is a damages claim that the pre action protocols are different than that of a straight claim for money or an order.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Damages are a pecuniary remedy. Damages are principally compensatory in nature such that a claimant is placed in the position they would have been if the act or omission that was contrary to law had not taken place. Damages are sought by claimants in litigation, and the remedy seeks to compensate the innocent party in money for the losses suffered by the particular breach of the law.

Particular rules for assessment of damages apply depending on the area of law that the plaintiff has established liability in the defendant. For instance, damages for breach of contract are assessed with the reference point of the date of the contract; in tort, damages are assessed as at the date of the tort was committed; in the infringement of intellectual property rights, damages are awarded for the losses sustained by the intellectual property rights owner with reference to the misuse of the intellectual property rights without the consent of the owner.

Contract Damages

Damages in breach of contract disputes are assessed with reference to the minimum legal obligations under the contract. Where loss cannot be proved, the claimant is only entitled to nominal damages.

The interests that are recoverable are expectation, reliance, performance and restitutionary interests. Expectation interests pertain to the benefits which the claimant would reasonably expect to receive from a proper performance of the contract without breach, but were lost due to the breach of contract by the defendant. The reliance interest sounds in the expense or loss incurred by the claimant in preparing to perform the contract which has been wasted due to the failure to perform by the defendant. The performance interest in damages is reflected in the interest in performance which is readily recognised in terms of money.

Claimants are not entitled to recover damage that is too remote or damage that they have failed to mitigate.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Needs a tidy up and would suggest that the figure of 2k be replaced by "an amount to be determined at the discretion of the Court "

In your claim value you would say "The total amount being claimed is unknown but it is less than £5,000."

 

 

Dont forget also that if this is a damages claim that the pre action protocols are different than that of a straight claim for money or an order.

 

 

Thanks Martin- I should say that I am in Northern Ireland where the small claims limit is £2000. I will amend the wording on the lines as you suggest though, substituting £2000 for £5000

 

The CPR of E/W dont apply in Northen Ireland- your N1 isnt used here and no AQ is issued.

 

(You just fill in the Small Claims form 125 and the case is heard in SC, no messing about.)

 

Pre action protocols involve just sending a 7 day LBA.

 

 

Ive done damages claims before (for failure to comply with SAR) The judge didnt turn a hair, she just got on with assessing the claim and awarding damages.

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Ah ok points taken-I overlooked that you was in NI.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No worries Martin.

 

Aside from the the bits you pointed out, do the POCs above look reasonable and fair to you?

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Have a look here;Have tidied up a little.

 

 

Barclays waved the white flag after I sued for return of PPI premiums and interest. After the case was settled they unlawfully terminated the account.

 

I have been working on PoCs for a claim for damages as a result of the breach of contract- (repudiation) and their unlawful recission of contract.

 

Any comments suggestions or am I barking up the wrong tree (or simply barking!)

 

1. The Applicant had an account regulated by CCA74 (the Act) with the Respondent. (xxxxxxxxxxxxxx) opened xx/xx/xx (The Account)

 

2. On xxxx the Applicant contacted the Respondent and raised a query over the enforceability of the Credit Agreement and a mis-sold PPI agreement,following widespread media reports,read by the Applicant,in which it became clear that there was good cause of action to pursue.

 

3. On xx/xx/xx the Respondent withdrew the Applicant’s ability to use the credit card by reducing the “cash limit” available on the account to zero.

 

4. The Applicant avers that this was quite unnecessary,since the account balance exceeded the credit limit in any case thus further use of the card would be dependent on the Applicant reducing the credit balance to below the credit limit.

 

5.The Applicant considered that the Bank was considerably in debt to himself due to mis-sold PPI premiums and interest unlawfully levied thereon and being unlawfully debited to the Account.(Give references here in support)

 

6.The Responent failed to comply to a request made by the Applicant on xxxxx pursuant to s.78(1) of CCA74 for a true copy of the credit agreement applicable to the account.In response to this request,the Respondents forwarded details from another subject,in the form of application form originating to Mr X X Xxxxxx of Accrington in Lancashire and a set of terms and conditions belonging to a different company to which the Respondent is legally bound under s.127 CCA74.

The Applicant contends that the Respondents not only failed in upholding the first principles of the Data Protection Act 1998,but additionally failed in their compliance to supply the said data to which they were legally bound under s.127 CCA74.

 

7. In the light of this,the Applicant no longer considered himself obliged to continue making payments to the Respondent, and on 4 December 2008 filed a legal action with the Court for direction, judgement and just consideration of the above issues.

 

8. An agreement was reached between the parties, the Respondent asserted that all its credit agreements were enforceable and the Account balance was set to zero. The terms of settlement do not allow for the ending of the agreement and the Applicant looked forward to continued use of the credit card as a method of secure payment.

 

9. The Applicant’s use of the Account under the terms of the credit agreement was not restored, however and on 19 March 2009, the Respondent unilaterally and arbitrarily marked the Account as “Ended” on the Applicant’s credit report.

(Exhibit AA)

 

10. The Applicant asserts that the Account was unlawfully ended and respectfully asks the Court to consider that this account was regulated by CCA74. CCA74 only allows for a creditor to legally terminate such an agreement following a Default Notice in the prescribed manner set out by statute in ss.87 and 88 of the Act. The wording of the Act precludes any interpretation of the unlawful and arbitrary nature of the termination.

 

In the circumstances pertaining at the time, the account balance was zero, the Applicant was not in debt to the Respondent, there were no arrears and so there can be no question of the Applicant being in default by any sums of money.

 

11. The Applicant asserts that the Respondent unlawfully ended the agreement purely in retaliation for having to concede to the Applicant's legal argument in the above mentioned claim.

 

12. The Applicant recognises that the Respondent may chose who it wishes to do business with, but asserts if it wishes to arbitrarily end a credit agreement with a customer, that choice must come at a price.

 

 

13. In permanently denying the Applicant his rights to use the account, the Respondent is denying him the benefits,that exist and form the agreement in the Respondent’s terms, conditions and benefits relating to the Account:

 

a) The Respondent would return to the Applicant 1% of all spending on the card. This is a small percentage, but over the life of the card this amounts to 1% off everything the Applicant would have bought. Should the Applicant live another 40 years, at an annual spend of £6000 per annum, the Applicant would suffer a loss of £2400 due to the Respondent’s repudiation of contract.

 

b) Under s.75 of CCA74, the Respondent is jointly liable with a supplier should the supplier fail to supply goods and services. In the event of a supplier going out a of business, the Applicant would have cause of action against the Respondent for redress. In a world where the best deals for more and more goods and services are becoming accessible only online or mail order, the Respondent has deprived the Applicant of this access to spend secure in the knowledge that his payment is safe and secure.

 

14. The Applicant asserts that the Respondent has deprived him of all these advantages which conflict in regard to the Respondents promotion literature purely because he used his rights under Common Law constitution and used the legal system to challenge the Respondent over its mis-selling of PPI and it’s failure to retain it’s credit agreement.

 

15. The Applicant asserts that the Respondent’s actions against the Applicant have been unreasonable, unlawful and dissadvantage the Applicant.

 

16. The Applicant notes that the Respondent is legally obliged to retain all credit agreements during the life of the agreement and until least six years after the lawful end of it.

 

17. The Applicant respectfully asks the Court to consider making an award for damages in this case, due to repudiation of contract and unlawful recission of an agreement regulated by CCA74 ,at an amount to be deemed appropriate and at the Courts discretion.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Maybe worth mentioning something also about the Respondents expected duty of care and Fidicuary to you as a customer.

Also guidance within the Banking Codes.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin- I'll make the changes you suggested.

 

Banking Code- good one!

 

Isnt their a Treating Customers Fairly policy as well? FSA has something or other about it. Have to look that one up.

 

Thanks again.

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Yep.

I have some stuff I can send you.

When is this needed for ? I mean have you sent yours in yet ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No, not sent yet.

 

PM box is full, I'll clear the decks.

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ok


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Claiming against your bank will not result in your account being closed. Under section 14 of The Banking Code, the Standards Board advised banks “to ensure that they do not make a disproportionate response to customers claiming back these ‘default’ fees and treat the customers sympathetically and positively.’

 

Furthermore, any threat to close an account would be contrary to the Financial Services Authority’s (FSA) principles on treating customers fairly (TCF).

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Yes spot on.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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