My Cousin vs Barclays Bank

[lee_obrien]

Starting this thread cos my cousin is a bit of a technophobe and I've had a modicum of success with the banks so far. Anyway, I've done the DPA letter and got his statements back. A cursory glace would suggest he his due for a happy new year if all goes well. Keep you all posted.

[lee_obrien]

One quick question.....he's got account fees which steadily increase from £5.00 per month up to £13.00 per month. He doesn't remember ever asking or agreeing to these charges. Are they reclaimable ?

[Rooster-UK]

How are they described on the statements?

[lee_obrien]

Just says 'account fee 1 @ £5.00', as I say year on year this gets bigger up until the start of this year when he closed the account and the account fee was £13.00

[Michael Browne]

Was it an Additions a/c? If so these could be a/c fees and so unclaimable

[lee_obrien]

Yup. Ta. Won't bother with them then.

[Welshman]

Further to what Michael correctly advised, if your cousin didn't agree to those fees in the first place, ask the Bank to provide the documentary proof that your Cousin actually agreed to it in the first place.

 

Claimants have been receiving partial refunds on those too without going as far as filing in Court.

[lee_obrien]

:idea: Just to check a few things before I send off the request for repayment....all the charges are under the titles ; Upaids Out, Paid Referral, Unauthorised O/D fee. (......any comments?).

 

This is what I've put on the letter regarding the 'Additions' account fee...

 

I would also request that you provide documentary proof that I requested the

‘Additions’ account facility and consequently any agreement to monthly or annual fees that are related to this service. If this proof cannot be provided I request that any fees for this account relating to this service be also reimbursed as I do not believe this facility was either required or requested.

 

Also, do I keep the request for the repayment of fees as a separate issue or lump it all in together ?

[lee_obrien]

:?: HELP !:idea: :idea: Nobody answered my last thread so I'll assume that I should keep the two issues separate. Barclays never responded to the query about written permission to charge my cousin for the account. Should I still persue it ? I will probably send a second separate letter about these charges. Anyway received the blah, blah, blah reply to request for repayment. I'm gonna give 'em the old LBA letter and see if that does anything. I know what the response will be though....from past experience. Still I like banging my head against a brick wall and it's always comforting to know they've got to pay people to look at these letters and waste their money. :?:

[lee_obrien]

I've just realised.....the Excel spreadsheet keeps adding interest for every day between the request for refund and the present day. My figures are out by a couple of quid between the request and the LBA.

[simpson3375]

Hi there,

 

When you sent the Excel spreadsheets to the bank did you hide the "days since offence" and the "interest" columns? The 8% interest gets added when you file a claim via MCOL.

 

Simmo

[lee_obrien]

Nope. I didn't with previous LBA's etc either. Didn't seem to matter. Does it?

[simpson3375]

I wouldn't think so. Barclays nearly always take it to the wire anyway so the interest is likely to come into play at some point. When they eventually agree to settle, then you can let them know the amount they need to pay, including interest up to date!!

 

Cheers

 

Simmo

[lee_obrien]

Going to court! Just about to fill in the on-line thingumy.

[lee_obrien]

MCOL done. What a pain in the arse that is....its the second time I've done it and its still as baffling. They should employ somebody to make it a bit more 'user friendly'. You spend most of your time on it trying to edit out text so you can fit the appropriate amount of characters in it.

[lee_obrien]

How long until I should expect a response for the MCOL ?

[Michael Browne]

By now you should have received the Notice of Issue and the deadline for the bank to acknowledge would have been Jan 9th. Go on the MCOL website and look up your case. It should and least be issued and probably acknowledged. Give MCOL a ring in the morning.

[lee_obrien]

:confused: The MCOL was done on 21/12/06 and ackniowledged on 8/1/2007. Where do I stand with the timescales etc. How many days do they get to submit a defence ? :confused:

[Michael Browne]

Deemed date of service is usually 5 days after filing ie 26th Dec, so acknowledge by 9th Jan, file a defence by 23rd Jan

[lee_obrien]

:???: HELP !:-? :-?

 

The following is the defence received by my cousin on Monday along with the Allocation Questionnaire. I've para-phrased most of it cos it's stuff I've dealt with before with NatWest (points 1,2,3,6,7,8 and 9), however, I need somebody to advise me on points 4,5 and 10. Not quite sure what they are on about. I've listed these in full as they appear on the paperwork and would appreciate it if somebody could give me an idea. Please forgive the typing errors if there are any , cos I'm a lazy proof reader. It also seems to indicate in point 9 and especially 10 that the bank seem to be saying, "yes we probably are guilty but wont admit it" and in point 10 "If we are ordered to pay you the money back, we are gonna persue you for the actual charges we incurred." (I think !). I'm not sure if this is a standard Barclays defence.

 

1. The paticulars of the claim do not provide details of the dates and precise charges alledged to have been unlawful.

2. The defendants terms and conditions give details of all charges.

3. The defendant is entitled to charge because of the terms and conditions (it then lists the infringements and charges under sub headings eg. a> Paid Referal Fee £30 per item etc etc etc.)

 

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 and/or failure to arrange an authroised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit chartes from teh Claimant's acount constitutes a liquidated damagtes clause, teh same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of his accoutn and were consideration for the Defendant advancing credit to the Claimant, whcih the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant 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, or are in breach of the Unfair (Contracts) Term Act 1977 (or any other provision) or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act (1982) or indeed any other provision.

 

6. Therefore the bank denies charges are unlawful.

7.If there were charges on the account it was because it was the claiments own fault (eg. going over overdraft limit)

8. It is averred that said charges are lawful and remain so and the bank was entitled to debit monies.

9. It is denied that the bank is liable to the claimant for charges and interest thereon. In the alternative, which is denied, the said charges etc are unenforceable prior to 22/12/2000 under the Terms of Limitation Act 1980.

 

10. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenfoceable as alleged by the CLaimaint or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such brach of contract in allowing the account to go into aunaushtorised overdraft. Accordingly, in the event that the Defendant is unable t relh on its express entitltement to enforece 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 hte said charges, and the Defendant seeks to set off such sums against any liability owed herunder to the Claimant.

Any help would be much appreciated and a point in the right direction would not go amiss. I've got about a week till this has to be handed in, but as luck would have it I'm working right next to the court tomorrow and so a speedy response would be handy, so I can give it in directly to the court. Thank you.

[lee_obrien]

:???: HELP ! Any answers to the above thread. Need HELP ! :???:

[lee_obrien]

:!: I need HELP. Nobody has replied/advised to my previous two threads and I need and answer on the banks defence (as per the previous but one entry/thread) ?? Please, any advice would be gratefully received. HELP ! :!:

[essjaysea]

That defence is the normal Barclays defence that they file, which given that fact they they, without exception, refuse to attend court to argue their case, is fairly meaningless.

 

So I would just complete the AQ and send it in to the Court, with a cheque for £100, if your claim is for more then £1500

[lee_obrien]

Thank you.

[lee_obrien]

Questionnaire filled in and sent to court with cheque and copy docs. Letter to Legal and Disputes at Barclays, once again stating what they owed etc and included spreadsheet. Awaiting reply/offer or court date.