chrisnorden v Barclays

[chrisnorden]

Hi All,

 

Sorry to be a nuiscance.

 

I received Barclays defence, and an Allocation questionnaire, and I 've a couple of questions - please forgive the length.

 

DEFENCE

 

1) Particulars of claim do not provide details or particulars of the precise charges alleged to have been unlawful or the date thereof. I have sent copies of my spreadsheet with dates etc. What does this mean?

 

2) 3) 4) 5) 6) 7) & 8) look like they are saying that it was all in the original contract, which were signed up for when the account was opened etc. & Legal principles relating to liquidated damages & penaly charges are denied..

 

9) This, to me, is the most intriguing and concerning item.

 

The defendant denies it is liable etc. In the alternative, (denied) if the charges amount to breach of contract, then charges prior to 13/10/2000 not recoverable due to exhaustion of time (bearing in mind that they claim that they have not received a detailed breakdown, with dates on).

 

I originally requested refund of charges 19/8/06, sent LBA 2/9/06, and applied via MCOL 13/10/06. However in my spreadsheet claim I have inadvertently included 10 entries totalling £69.18 (against a total claim of £1142) that occurred prior to 23/11 2000.

 

Is there a way of retrieving this situation, or have I messed it up?

 

Finally

 

10) If the charges are unlawful, they are looking to ssek to recover loss & damage actually suffered.

 

All help gratefully received. Thanks in advance

[Spotted Dog]

As far as I know the 6 year timer dates back from your First letter ie 19/8/06.

 

Other parties have had similar defences and also as you notice in the 1) defence paragraph , they are arguing that they dont have particular or precise details.

 

I don't think you have messed up.

 

Have a good read of posts in this thread as I am sure I have seen an example like yours recently.

 

 

Spotty

[chrisnorden]

I've claimed for 10 charges (value £69), and MCOL defence by Barclays shows exhaustion of time as a reason for not paying out.

 

Should I, when returning my Allocation Questionnaire, submit a revised claim schedule, and send it to court, apologizing for my error? Copy of revised schedule to Barclays? Offer to settle on revised figure?