MrsFroogle v Barclays

[MrsFroogle]

Thanks Welshman... I've got that address and ref. Could you clarify please intent? Do you think I need to send it? I've been reading loads of threads and I thought it was essential as not sending forms part of their defence.

[MrsFroogle]

bump

Could someone confirm for me please? Thanks

[Welshman]

Personally, I don't think it will do your case any harm by sending it.

[MrsFroogle]

Thanks Welshman.

[MrsFroogle]

Claim acknowledged by Adrian Ruffhead! Onwards we go:p

[MrsFroogle]

Defence received - I have to have the allocation questionaire back by 23rd. Will be posting a few questions to clarify, hope your all ready and willing (as always). Thanks in advance

[MrsFroogle]

Arghhh, I hate reading legal cobble-de-gook. Barclays defence seems standard.

 

1. The particulars of the claim do not provide details ... or date thereof... strict proof of each charge...

I've seen this on Welshie's thread. I sent them schedule at 1st request and at LBA, I also sent one (inclusive of interest at MCOL stage).

2. The defendant is entitled to charge the claimant...

Anything and everything?

3. We're really standard and transparent...

And illegal.

4.If and to the extent it is the claimant's case that the failure to make necassary payments...

I get this one, it's all my fault so I should put up with it.

5. Accordingly, it is denied that the legal principles...

Are they still claiming that they are acting/ have acted within the law?

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

As per 5?

7. If and to the extent the claimant incurred charges on his accout this was caused by the caimant having goe ito overdraft without having agreed..

Again, it's all my fault.

8. It is averred that the said charges and interast are and remain lawful...

We think not.

9. 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 lternative, which is denied, the charges asserted by the claimant to have been applied to the account prior to 31 Octover 2000 would nt be recoverable for the reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the limitation act 1980.

Am I right in thinking that I can claim from the date I became aware, 11 September was the date of my first letter (of the top of my head). And the first charge I am reclaiming is in September 2000? Do I need to say something about this in the 'other info' bit or should this wait until preparing for court?

10. In the alternative, and without prejudice to paragraph 6...

Say what now?

If anybody needs me to type this out in full I will do, but it all seems to be like everyone else's, although I do recall them stopping short on sentances which isn't happening anymore.

 

Should I put this into the other info bit

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

Thanks to Welshman's thread for this.

 

I'd like to get this to the court (Bow County) as soon as possible so if anybody is out there with some advice it would be appreciated as always.

 

Thanks once more.

[MrsFroogle]

Hi Guys, I know I've written what seems a lot, but I would appreciate your comments. Thanks

[JackieJ]

Mrs F,

 

One good turn deserves another and all that!! Your defence looks exactly the same as mine. Appears to be their latest standard defence.

 

They put in the bit about the Limitations Act in mine but I figured if it does go to court, I can evidence the date that I first asked them for my money back, they refused and so it is down to them that it has had to go to court and be delayed etc. I think this would seem reasonable if it did go to court.

 

Re your italic bit, is that for completing your AQ? If so, that's just what I put in mine and mine was allocated to small claims. Just check the amount you are claiming for is under £5000 as I think anything above this might not usually be allocated to small claims. I could be wrong though!!!

 

I also took a few photocopies of the AQ before I handed it into the court, so I can include it in my bundle and keep my own records.

 

I phoned the court as well and they were really helpful. Mine has been allocated to Small Claims and listed for 21st Feb but the judge has ordered that we exchange bundles on 15 December so it might be worth getting started on that as well.

 

Good luck and I'll keep an eye on your thread!

 

Jackie

[MrsFroogle]

Thanks Jackie. Just what I wanted to hear.

 

My claim is for £1000 so defo on small claim track. I did consider going for the higher interest rate like Dunnie's claim but decided that if I had to defend it I would lose all sense and reason.

 

I was hoping this would be resolved before I go back to work in Feburary. Don't think there is much chance of that now. My new target is Easter (it should just about pay for a holiday for us )

[JackieJ]

Hey, you never know? You're close to the end now anyway so will keep everything crossed for you!

 

Spend the time enjoying the rest of your maternity leave and looking at holiday brochures!!

[MrsFroogle]

AQ being hand delivered today. It's all progressing.

[MrsFroogle]

Happy New Year Everyone! Well it's been a long time without any news or movement but finally I have a court date 23 April 2007, Bow County Court. Bugger, after Easter... So I'm thinking I'll give them a call - maybe they want to settle early! Or is it way to early?

[MR ROB]

Oh my, they're taking a while to give court dates, Barclays have untill 5th of Feb to enter a defence so judging from your dates it's going to be a while before i get a court date and see this money.. oh well it just means more intererest.

 

Good luck with your claim and it can't hurt to give them a bell although i wouldn't get my hopes up.

 

Rob

[MrsFroogle]

Thanks Rob, yep they are taking forever with court dates. I'm going to sort through some more threads before giving them a call (just to get my confidence up). Will post if there is any news.

[argyle]

Hi Mrs Froogle

So I'm thinking I'll give them a call - maybe they want to settle early! Or is it way to early?

Certainly won't harm your defence in court if you do the above.

However it seems Barclays are very keen to let this goto the wire.

For instance i phoned Barclays with 2 weeks to my court date and i finally received a phone call 3 days before i was due in court.

 

Good Luck with what you do.

Argyle.

[MrsFroogle]

Thanks Argyle. What would be really nice is if I can avoid the complication of the court bundle, but hey I'm not daft, Barclays do like to see us jumping through all the hoops. (And really thanks to this site it more click and print than anything )

[argyle]

LOL Mrs Froogle.

 

What would be really nice is if I can avoid the complication of the court bundle

Your splitting my sides Mrs Froogle.

I'm afraid you will probably have to send your bundles before Barclays entertain you with a settlement(Sorry)

When i phoned on the 8th my bundle had to be in by the 11th.

Barclays on the phone said that they will call me soon however they still have yet to receive my bundle(nice of them to remind me).

Thing is they never sent me their defence.

As soon as the defence hits their desks and your court date is on the doorstep they will settle.

Barclays said to me before we agreed settlement on my terms and i quote."Mr xxxxx we at Barclays do not wish to goto court therefore we wish this matter resolved today how can we make this happen"

That was the exact words said to me on the phone.

 

Hope it gives you more of an insight into the people you are dealing with.

Argyle.

[MrsFroogle]

I'm getting my teeth into the court bundle. Which will be in the post to them tomorrow.

 

I called the bank last week (ever so friendly like) and asked if they were sure they didn't fancy settling and frighteningly they said that the case was progressing and they'll see me in court. So I'm a little scared but I'm not running away.

 

Right in off to Lakeside to see if they sell any pretty wigs!

[Donel261]

Hi Mrs F, I thought me and you were at the same stage at one point??

 

Just wanted to let you know that I have had my final settlement letter today for the full amount. My court date was set for 2nd April 2007, I got my bundles to barclays and the court by 12th March 2007 as per the order of the court, and then just hounded them by e-mail.

 

Good luck, you will get your payout soon!!