c&k v barclays

[jigr69]

If I had to guess as to there defence, the same they've sent to everyone else, me included. I'm currently just waiting for a court date to be set, having sent off my AQ some time ago. Which reminds me, I must chase it up!

[whoareya]

Just reading your claim and notice you mentioning difficulties with the bank demanding monies etc. Someone has suggested a form of repayment which is great however I would recommend anyone seeking advice in this form from the CCCS. They are a non profitable organisation, they set up debt management schemes which is ideal for people dealing with debt.

 

CCCS -

[why!!!!!!]

hi everyone,

I received barclays defence today, seems pretty standard by looking at druids and others threads. Only i have an extra para.

 

Here it is.

 

2. The Defendant is entitled to charge the Claimant for unauthorised borrowings by the 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 Defendants entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

Do you think they are starting to scrape the barrel to get a longer defence?

[livelylad]

Yes I do, they just dont get it. Its the fact the charge is not a true representation of the cost to administer we are challenging not their right to charge. Idiots.

[stevied]

I just about to file my claim tomorrow in Liverpool. I hope I get some good news from this early next year. They owe me 1375, not including any interest accrued. This bank has made my life a misery down the years. I am having to pursue other banks because of the mess THEY made of my accounts and bad advice received from their incompetent staff.

 

I hope everyone scores a win over these buffoons.

[why!!!!!!]

Please advise, im in a bit of a dither as to what to do with point 10 of barclays so called defence regarding charges prior to 2nd november 2000 not being recoverable for reason of exhaustion of time blah blah blah. I have 3 charges prior to this date at a total of £89.81 including interest.

 

Any advice would be appreciated.

many thanks claire

[whoareya]

I have the same point. I spoke to someone yesterday about it and they said carry on and ignore that point. I have a few charges previous to this.

Theres three points to this

1. Why can't you claim 6 years ago. That is slightly unfair

2. I requested a S.A.R - (Subject Access Request) for 6 years, how I see it if they give me info before this date, it's fair game.

3. Hardly any go to court, so in your mind deduct that amount - if Lloyds offer £90 less, then I would accept it. But if it did go to court with you claiming over 6 years, the judge if he believes it unfair to award you would just deduct it anyway. He wouldn't chuck it out of court on that basis.

 

Keep going

[why!!!!!!]

Probably a stupid question, but on my AQ under case management info it asks 'What amount of claim is in dispute?' would this be the amount that i had to file my claim which was £4793.95 or would it be an amount with up to date interest. And also do i send an up to date schedule? N150

many thanks

claire.

[why!!!!!!]

Could someone please reply to the above.

Many thanks

[Guest Mumofthreeboys]

Which section is Case Management? I don't seem to have this on my AQ.

[why!!!!!!]

Hiya mum,

Its section D, by applications and witnesses

Thanks

claire

[Guest Mumofthreeboys]

Hiya mum,

Its section D, by applications and witnesses

Thanks

claire

 

Can you come and chat?

[why!!!!!!]

AQ taken back to courts on the 14/12/06 Barclays had til the 18/12/06 to submit AQ.

I used the draft order for directions in my AQ, received a letter saying as a result of an order the Case has been transferred to the Cardiff County Court.

Still awaiting a court date.

Claire

[why!!!!!!]

Phoned Cardiff County Court today to find out how my claim is progressing.

The Court staff advised me that im on a list for a hearing coming up in the next couple of months, as i had just missed on the Dec 21st Hearing.

They need to add more to the list before a date is given.

Anyone else waiting?

[lottie36]

yes im waiting .Youve already posted on my thread will keep you updated.

[why!!!!!!]

Hi all

Ive received a General Form of Judgement or Order today.

It reads: Upon the Courts own motion. The Court has made this order of its own initiative without a hearing.

IT IS ORDERED THAT

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 26th March, 2007 at 10.30 at Cardiff

Civil Justice Centre.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and te other side at least 7 working days prior to the hearing.

Dated 22 January 2007

[lottie36]

I rang the court yesterday and i am also in cardiff 26th March.I havent received it in the post yet.I am going to send my bundle to the bank in the next week or two with a covering letter giving them another opportunnity to pay up without wasting the courts valuable time.What is your next move.Any ideas?

[why!!!!!!]

hi

after reading through alot of the threads of the claimants that went to the hearing on December 21st, ive decided to save my money and take the bundles with me on the day (if it gets that far) as they have not asked for them before hand, although i have just done my statement of evidence all i need to sort out closer to the time is a print out of my up to date schedule.

Claire

[lottie36]

Hi Claire I have had my letter today confirming i am on the list for the 26 March.

the letter said;

If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it?

What did you do?

[lottie36]

- excluding without prejudice)Dont know if i should pre

Also you said about your statement of evidence?

I do have an example of a Witness Statement, Is this it?

I also have examples of : disclosure by list - basically a list of everything you intend to include in your bundles.

Case Summary - should include a chronicological list of events (i.e letters sent & received etc,date of claim, amendmentsetc

pare these?

[lottie36]

oops dont know what happened there. Ignore first and last line. Whats confusing me is the ( excluding without prejudice)????What does this mean?

Are you also going to do a disclosure by list and case summary.

Am I making any sense?????:o

[why!!!!!!]

Hiya,

Ive been talking to barclays on phone for most of this week with regards to settlement. Received the letter yesterday offering full amount. Ive scored out the confidentiality bit and the bit where it says payment into barclays account as i would like payment by cheque which they agreed to. Signed copy of the letter accepting and a copy of the letter im sending to the to courts to be sent today.

Many thanks to everyone that has helped me.

Claire.

[Guest Mumofthreeboys]

Congratulations. Well done Claire - I'm really pleased for you xxxxxxxxx

[lottie36]

Great news for you.Well done:D