No Money V Barclays ***SETTLED IN FULL***

[pauldean]

very usful, thanks.

 

but... (i'm still a bit thick) why would i need to safe it to a particular date? by the time the case goes to court i will be asking for the up to-date charges right???

 

if not will the schedule i send off today be the amount i get if and when barclays settles the cliaim or i win at court? or if that is the case i'm still some what confused, sorry.

[Welshman]

Hi. What Victim was trying to demonstrate was that you could, if you so wanted, calculate the interest to a specific date. I'm using excel too but I'm not tampering with anything.

 

To answer your question, if you remember when you filed at MCOL, right at the end of the text in the particulars of claim, you entered the daily rate at which the total will go up. That is still the case and will be calculated up to the day of judgement/settlement. When you send a schedule to MCOL or the bank, they will know that that is as up-to-date as you can get it for now. It keeps going up so don't worry.

[victimnomore]

The reason I said "Save your new spreadsheet with a different name" was simply so that, if you did amend it, you wouldnt lose your original.

 

If (again) you did amend it like my suggestion you could use it whenever you wanted, to calculate for any date. For example; let's imagine you get a court date of say January 18th, how much will your claim be worth then? - just open up your amended spreadsheet, put 18/01/2007 into D7, and read off the total.

[pauldean]

Thanks both of you, it's all clear now. you are both very useful in this barclays section of the formum.

[pauldean]

I can't belive it!!!

:mad: :mad: :mad:

 

Letter from Barclays- they have 'requested' that my cheque book and debit card be retuned to them ASAP! They said that they will be cancelling ALL my direct debits too!

 

True i am over my overdraft limit but i have been in the past and not a word from barclays (well apart from the £30 letters telling me so).

 

Thats it- gloves off! No more mr nice guy. If they think i'm going to roll over they can go and take a running jump off the nearest tall building.

 

What they didn't 'bank' on was that i have already taken the advice on this web site and i have a back up account in place.

 

Anyone wishing to give me some advice please do so.

 

(still waiting for Barclays defence)

[pauldean]

I going to have to go into my bank tomorow to try and sort this out, anyone have any advice ????

 

can they do this? has it happened to anyone else? i'm sure this is just becuase of the claim?

[essjaysea]

They probably can do this, but under the Banking Code, they are supposed to deal with cases of financial hardship sympathetically and postively.

 

Look at Section 13.10

 

http://www.bankingcode.org.uk/pdfdocs/bankcode.pdf

[pauldean]

Barclays are slowly turning the screw!!!

 

One day after reciving a letter telling me that they will not honour our direct debits any longer and asking for their card and cheque book back....

 

Got got a call from some random debt enforcement officer informing me that handing my card back in at the bank on monday was not good enough for them, he had his orders, and i quote ..."not from your local branch but from a team in london, infact your local branch will not know about this"!!!

 

To be fair he was a nice sort of chap, he confirmed he knew where i worked and seemed happy to turn up at my work!!!

 

This is a disscussting act by Barclays, i can see that this sort of over the top and bully boy tactics might work on some people but not me, fingers crossed the wife and i will be able to pay off the o/d in full within days and i can forget about Barclays (well apart from sc***ing them in court)

 

I'm going to have a dam good read of the banking code now.

 

Has anyone else had this in the past few days? The chap that rang me seems to think that he has been very busy the last week or so!

 

Oh- he said that the person at Barclays that instructed him was Dermot Spooner?

[pauldean]

oo

[pauldean]

They are so predictable.... one day to go and they have filed a defence.

I will now just wait for it in the post along with the AQ, pay my £100 (with a cheque) and send it all back to the court.

I have my bundel almost ready now so I can send it back on the day I get it.

Am I right about all that ???

oh yes.... i have also sent a letter to the court explaining what actions barclays have taken against me and my thoughts on that (the fact that they are just trying to bully out of claiming, or words to that effect) I have copied Ruffhead into that letter. I've closed my Barclays account now and it turns out they have done me a favour- have sorted out my DD's and got rid of the ones i did not need etc...

[pauldean]

Well I got the AQ and Barclays defence in the post this morning, it looks like this (thanks welshman- i have just copied yours, it’s the same)...

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 19th 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.

Two questions...

1) I'm a bit concerned about point 8 above, what are they saying in english?

2) Where can i find a copy of Barclays Terms and Condistions?

 

I’m so looking forward to when I get a court date now as I feel I am starting to understand all this stuff, my bundle is looking sharp!!!

Any help will be much welcome.

[jonni2bad]

(1) they are saying you can't go back longer than 6 years (The Limitation Act) but we beg to differ. Get yourself familiar with why you believe you can so that you can argue the point to a Judge if necessary.

 

(2) Sorry, not sure on that one.

 

The point (9) also makes me laugh every time I see it. They are saying that you are wrong, their costs are exactly what they have charged you for the breaches of contract, but should they not be, they want back what it really did cost them.

 

I just wish they would say it like this....

 

It costs us £28 - honest guv. However, once you prove that it's not really that much, can we have our £1,.50 back?

[pauldean]

Thanks, it is becoming clear that they real don't know what they are doing, as for point 8 my first charge on my schedule is only 5 and half years ago?

 

Any way, another question please....

 

Have just filled out my AQ using jonni2bads example and will be sending this off to the court with the lastest schedule of charges and my £100. but should I send a copy of my AQ and schedule to Barclays (they have now been sent 3 schedules over the weeks)???

[madamv]

Having read your post pauldean, I am not sure what to do. I am at the take them to court stage but cant proceed as I have no funds for this for either my barcalys or halifax case.

 

What to do? Bloody hell.

[pauldean]

No, it's not that i havn't got the £100 to send, i have, i just want to know if i need to send a copy of the AQ and the lastest schedule of charges to Barclsys also???

[heidiK]

No, it's not that i havn't got the £100 to send, i have, i just want to know if i need to send a copy of the AQ and the lastest schedule of charges to Barclsys also???

 

Hi, No I called the court and they said you can if you want (send a copy of the AQ to the defendant), but they said they would send a copy of the AQ to them anyway.

Did you send a schedule of charges previously? I sent them another one as I lodged my moneycaim online and to save the pathetic excuse of Barclays saying they don't have my account number etc, I sent them a letter with the account number and schedule of charges saying: 'so that there is no confusion in not receiving these details'!!!

[pauldean]

I'm going to send off the the AQ and lastest schedule now to the court, i'm not going to bother with Barclays, they have had there chance, if they are to stupid enough to use the same old crap defence then thats their look out.

 

I'll see em' in court...

[Michael Browne]

You're not obliged to, but it's recommended as a courtesy

[pauldean]

Well you know best, I will in that case, thanks for the advice.

[carmen.blanch]

hi my self and my husband are 6 days away from the take Barclays to court ..

from reading all these posts i am now a little worried.

 

has anyone actually had to go tocourt to claim against them yet ,

 

we have succesfully made a claim against halifax and seemed a breeze compared to these bunch of Wxxxxers ..

 

no replys, bully boy tactics etc .

[pauldean]

Well i'm no expert but i don't think anyone has gone to court, as for Barclays actions towards me personally it was in my opinion bullyboy tactics to try and make me stop the claim (i have informed the court of this) but in fact it only two me 2-3 hours to ring around and change my direct debit details over the phone and it helped me finally sort out all those DD's that i didn't need and get them all to come out on the same day etc...

 

I hope that I am the first person that has to claim in a court room.... but i wont be! :grin:

 

Good luck.

[carmen.blanch]

what i dont understand is how it is taking so long for us barclays customers in comparison to other bank:!:

 

we have sent our LBA no response .. 14 notice went 19th oct , court files due 02/11 no doubt will need to file ..

 

If they have 14 days , and then get another 14 days if they file a defence how come it takes so long ..

[pauldean]

I don't know mate, i have stopped worrying about it, sit back read what you need to and get ready with your court bundel, i'm not thinking about even seeing my money until next year now.

 

Sounds like you have been fighting David while we are battle hardened Galiath fighters here in the Barclays forum!!!!

[carmen.blanch]

yup will do ..

 

a rum and coke and a good book, as per your prescription,

 

shame re money for christmas , however have a few more Davids to fight so might start them now too,, bring on happy Debt free new year ,, :grin: ..

[heidiK]

hi my self and my husband are 6 days away from the take Barclays to court ..

from reading all these posts i am now a little worried.

 

has anyone actually had to go tocourt to claim against them yet ,

 

we have succesfully made a claim against halifax and seemed a breeze compared to these bunch of Wxxxxers ..

 

no replys, bully boy tactics etc .

Hi Carmen- Barclays are definately bullys. No one has gone to court yet from Barclays, but please read the successful wins against barclays and that will certainly restore your faith!!

 

Sorry to hijack pauldean!