Bookworm v Barclays - **SUCCESS**

[Bookworm]

Oh dear, oh dear, oh dear...

 

Now, I'll be honest: I like being with Barclays. They let me put money on the same day as I go over and not charge me, I can put in a cheque and use the money straight away. And their online banking site is easy to navigate.

 

So, I didn't chase them for my charges. well, tbh, there's not that many, my account with them has been more on the fat cow years... But there has been the occasional slip...

 

One of those occurred a couple of days ago, I miscalculated by a few pounds. My fault totally. So I got charged £30 for going £3.53 over. Bummer.

 

Well, I thought: Why not? I'll give them a wee call, see if I can ask nicely for it back. No harm, no foul, kind of attitude, see what happens. I know that if that fails, I have a back-up plan!

 

They said no.

First, a girl said no, then when she transferred me to a manager who I thought maybe could be reasoned with better (well, all right, leaned on), he said no.

I asked nicely.

Then I tried reason, saying that if I had to take them to court, I would reclaim the lot to make it worth my while, and wouldn't it be simpler to refund my 30 quid and be done with it?

He said no.

He said it was my responsability... at which point I cut him off to say "yeah, yeah, yeah, I know all that, its my responsability, I have signed the T&cs, blah blah blah... Look, I'm just asking: Can you save us both the hassle and refund me, or do I have to start legal action? You're a manager, you must know that if I have to go down that route, you will either fold before court, or lose in court, and I'll get my money back either way... What is it to be?"

He still said no.

So I thanked him politely, and here I am... well, I tried conciliation...

[Bookworm]

Well, funny you should say that...

 

I DID say that I was involved with the Bank Action Group (he did NOT say: "the what?", incidentally) and that I knew more about T&Cs, unlawful charges and the UTCCR than he could possibly imagine... But bwankers will be bwankers, what more can I say...

[Bookworm]

I don't see why not, we're hardly a secret society, I think it's fair bet they've heard of us... Well, I certainly hope so!!!!

[Bookworm]

Before we answer you, could you pls start your own thread, one for each claim, and then keep updates staying on those threads? You have hijacked this thread -mine-, and a HSBC user's.

 

Please start again, and we'll answer you accordingly.

[Bookworm]

Well, got my "sorry you've had to contact us" letter...

 

LBA Tuesday.

[Bookworm]

MCOL done.

Amount claimed: £446.97 inc. interest and fees.

Date filed: 24/05/06

 

'tis done. Now for the looooooooong wait...

 

.

[Bookworm]

Well, well, well, talk of too little too late...

 

I got letter from Barclays earlier, blah blah blah, disagree with me, etc... BUT (all together now, panto style: OOOOOOHHHHH!) they are offering me £ 150 to go away! (AAAAAHHHHH!!!!)

 

Oh, and the slip of acceptance I'm supposed to sign actually says: "Thank you for your letter detailing your response to my complaint. I accept the sum of £150 in full and final settlement...." Thank you? THANK YOU? They are having a bloody laugh!

 

Anyway, since I filed with MCOL yesterday, I'm afraid they really royally f*cked up on this one...

[Bookworm]

No, neither did I when I first asked them to refund the £30. But on totting up, I was shocked to find that it came to £ 320.00! + £ 76.97 interest, + £ 50.00 court fee, DA-DAAAA!!!!

 

That's one £30 charge that's coming back to bite them in the butt, that's for sure....

 

.

[Bookworm]

Oh, ffs.

 

Just got my money back from MCOL, due to a clerical error, my claim was cancelled, I have to restart my claim from scratch... And Barclays will gain another week...Grrrr...

 

.

[Bookworm]

Well, defence received today with AQ to be returned by 26/07.

 

It seems quite obvious in the shoddy way it has been typed out that they have no intention of this ever be seen by a judge. From the " all coming out as ?, and the text that ends up abruptly halfway through a sentence (I kid you not):

7. If and to the extent the Claimant incurred charges on his account, this was caused by the claimant having gone into overdraft without having agreed with the

 

 

If we had written something that bad, we would have Bankfodder yelling at us for not taking the matter seriously.

 

Oh, and there's a new kid in town! Mine is signed by Adrian St John, Solicitor. (although his e-mail address is still KJ's, lol. Cosy.)

 

The defence? Oh, the usual. I agreed to T&Cs, and the charges are not unlawful. Ah, ok then. I will have to remember to get scared at some point then.

[Bookworm]

This is the total defence now:

 

3. Defence

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. Notwithstanding the Claimant?s failure to correctly identify and particularise an account held with the Defendant, it is admitted that the Claimant has an account, number xxxxx, sort code xxxxx. However, to the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, ?Paid Referral fees? or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

2. The Defendant is entitled to charge the Claimant for unauthorised borrowings by 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 Defendant?s 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 Defendant?s right to charge an administrative fee if any cheque, standing order or direct debitcannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c. The Defendant?s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

3. 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 authorised overdraft limit).

4. If and to the extent it is the Claimant?s case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits 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 and conditions of his account and were consideration for the defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when theClaimant incurred the overdraft.

5. 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 s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.l5 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

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

7. If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the

[Bookworm]

Hey, Blueskies, both Barclays, within 1 day of each other, you're in Folkestone, I'm near Croydon, you don't think they're sending ASJ on a Tour of Duty in the South-East, do you?

[Bookworm]

AQ handed out at Croydon Court on Wednesday 26/7, with this added in section G:

 

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

 

And added copy of schedule of charges to AQ, and sent copy of both to Barclays solicitors.

[Bookworm]

Well, I did e-mail KJ, but since I said in my e-mail that I would only settle for 100% and no confidentiality, I didn't exactly give much wriggle room, lol.

 

Meanwhile, the interest will keep on adding up... Their choice, I am in no hurry... You never know, they might decide to defend for real. Tell you what, you can always come up and give me moral support!!!

[Bookworm]

Happy, happy, HAPPY!!!

 

I have a court date! 2nd November, 14.00.

 

AND the lovely judge has said, as well as the usual "copies of all documents...etc", that:

 

The defendant is to file at the court office and serve the claimant with a list setting out how charges have been calculated. The original documents shall be brought to the hearing

 

In other words, DISCLOSURE, as respectfully requested by me on the AQ.

[Bookworm]

Phone the court, and ask them. Tell them you're getting concerned, and just checking that the letter didn't get lost in the post.

 

Meanwhile, if you haven't done so, I suggest you start getting together:

- copy of UTTCR 99

- copy of Unfair Contract Terms 77 (I assume these 2 are the ones you referred to in your claim form?)

- copy of the OFT statement of April 5th.

- your banks statements and all relevant correspondence to and from the bank.

- relevant case law summaries, Wilson, Dunlop...

[Bookworm]

I would like to come to the court and offer support (if working hours allow it) if that's ok with you Bookworm.

 

Well, I would love you to, but l wouldn't book the time off yet, if I were you, lol.

 

Let's face it, does anyone here believe that faced with an order to disclose their costs, Barclays are going to even think about actually appearing in court?

 

TBH, I never really had any doubt that they would settle before court anyway, but I KNOW that ordering them to disclose their costs will ensure that it happens.

 

Banks have settled much bigger claims than mine (under the 500) and have refused to disclose this info to a Commons Select committee, remember, so they're sure as hell not going to reveal to little ol' me!

[Bookworm]

Depends on how busy the local courts are, I guess, I have another claim and I got a really far away date from claim to hearing date... Well, this is Croydon, we do get busy with criminals around here, lol.

[Bookworm]

Heyyyy, that's not fair, you got yours after me, and the date is earlier!!! *sulks*

[Bookworm]

how long do you think you waited for a court date

 

From an earlier post on my thread:

 

defence received today with AQ to be returned by 26/07.

 

And I handed it on the 26th on the dot, and got letter with court date on the 15th August, so what...3 weeks for to to get processed? Then again, it will differ from court to court, I suppose.

 

I can't make it! I'm not even in the country! What should I do?

 

Contact the court ASAP and tell them.

 

I have got a court date of 8th September and have handed my documents into the court and to barclays but have received no documents in return which they are relying on, is it one rule for one and one for another or will they only be able to speak and refer to my documents if need be

 

Contact the court to see if they have received anything, and what is the procedure if they haven't. Either way, let them know YOU haven't, even though the judge had ordered that you should get a copy as well, as it will not sit well with him that the solicitors didn't obey his orders. No point in playing nice when you can fight dirty.

[Bookworm]

Well, this is it. Bundle of docs done, being numbered and indexed tonight, posting copy to KJ tomorrow and handing over copy to court.

 

Anyone wants to place bets on the settlement date?

[Bookworm]

Nice idea, Lizzy, but I'm a stay-at-home mum...

 

Nerves are fine. If we make it in court, it will be the second time in 1 month, it's going to be like a bl**dy home from home soon!!!

 

As for what they do, I don't know, this is my first time with Barclays! There's a thought, I'd better check my bank account 1st thing Thursday am, just in case!

[Bookworm]

Sorry, but no, not until AFTER the hearing

 

And incidentally, *I* am not defending, THEY are.

[Bookworm]

Guess what came in the post today?

 

... Hang on, let's not crack the champagne open just yet!

 

1) they are offering £456, which is a couple of quid short (interest been accruing, you know!), which I could let slide, I suppose. BUT!!!....

 

2) They want confidentiality. Yeah, right, like THAT's gonna happen, cheeky beggars!

 

So, letter winging its way back to them, and they'd better get a move on an' all, the hearing is next Thursday!

 

I've also said in my letter that since they added £60 of charges since I started my claim, they might save themselves the bother and pay that back at the same time, or I'll start a new claim straight away, but that's really their choice.

 

Right, I'd better go and post that letter, they might get it by Monday then.

[Bookworm]

And so they should, Caro, so they should. (Barclays, I mean, not the newbies!!!)