wish me luck me against barclays

[ronvin]

hi i started my claim against barclays a while ago. i sent my lba over 14 days ago and are going through money line. please help has anyone else found this difficult?

[blueskies]

Good luck with your claim, you are following a well trodden path and will be successful.

[ronvin]

need advise filling out money claim online! do i use no5 in the bank templates library to particulars of claim?

[blueskies]

I strongly advise that you file an N1 with your local court instead of MCOL. You can use more detailed particulars of claim and it is a lot easier if you are claiming contractual interest

[ronvin]

i've just submitted my money claim so its just waiting. i received a letter a couple of weeks ago saying that they won't pay up will this make a difference to my claim or are they just trying to scare me !!!!!!!!!!!!!

[Welshman]

No. It won't make any difference. Stick to your guns!

[ronvin]

my claim was deemed served on the 27th of december and the bank has until the 10th jan to reply. Do i need to send anything to anyone like my list of charges to the court or to the bank?

[TANZARELLI]

my claim was deemed served on the 27th of december and the bank has until the 10th jan to reply. Do i need to send anything to anyone like my list of charges to the court or to the bank?

 

You should send a copy of the Schedule of Claim for Charges, with interest to the Defendant and one to the court.

 

Have a look at my thread you may find it useful also have a read of other successful claims in the success forum.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/44145-tanzarelli-barclays.html

 

Hope this is of help to you

 

Tanz

[ronvin]

i rang the court to see if how my claim was going and barclays have acknowledged !!!!!! how rude !!!!!! thought they might of forgotten little me they now have until the 24th jan to enter a defence. Getting a bit worried now as i know they are gonna try and scare me out of getting my money back

[TANZARELLI]

i rang the court to see if how my claim was going and barclays have acknowledged !!!!!! how rude !!!!!! thought they might of forgotten little me they now have until the 24th jan to enter a defence. Getting a bit worried now as i know they are gonna try and scare me out of getting my money back

 

Don't worry, you'll be fine. I had a letter offering full settlement, the only person I had to speak to was someone regarding scoring out the confidentiality clause.

 

Keep at it.

 

Tanz

[TUTTSI]

i rang the court to see if how my claim was going and barclays have acknowledged !!!!!! how rude !!!!!! thought they might of forgotten little me they now have until the 24th jan to enter a defence. Getting a bit worried now as i know they are gonna try and scare me out of getting my money back

 

Hi I am just ahead of you, Barclaycard have until 13/1/2007 to enter a defence. I am hoping they will just pay up before we get to the deadline.

Capital One paid me out a few days ago they entered into a defence but paid me out immediately. So it is just a waiting game!

Good Luck

DS

[ronvin]

i've been reading loads of other threads and i bit worried as everyone seems to of been offered a sum of money before filing their claim with moneyclaim i just got a letter saying "i am unwilling to refund the charges you have incurred as requested" has anyone else had this letter

 

i got this letter on the 07/11/06 just before i sent off my LBA it won't make a difference will it?

[TANZARELLI]

i've been reading loads of other threads and i bit worried as everyone seems to of been offered a sum of money before filing their claim with moneyclaim i just got a letter saying "i am unwilling to refund the charges you have incurred as requested" has anyone else had this letter

 

i got this letter on the 07/11/06 just before i sent off my LBA it won't make a difference will it?

 

Hi ronvin,

 

Not in the slightest, its not everyone who gets an offer, and anyway you would have refused to accept it anyway wouldn't you?

 

Just keep on going through the motions and you will get full refund which is why you started the process in the firsat place.

 

Stick with it.

 

You will win.

 

Tanz

[ronvin]

thanks i was just a bit worried i hadn't done it right didn't want to come all this way and look like a fool

 

thanks for your help

[ronvin]

well barclays had until the 24th of jan to defend my claim and they did it on the last day as usual.

they have said

1, the particulars of claim do not provide details of the precise charges alleged to have been unlawful. to the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendent puts to the claimant to strict proof of each charge and the date thereof.

2,the defendent 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 followng terms and conditions (which are summerised):

a. the defendents right to charge a "paid referral fee" where the defendent pays an amount (either by compulsion or election) which allows the account to become overdrawn - £30 per item (previously £25).

b.the defendents right to charge an administrative fee is any cheque, standing orderor direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c.the defendents entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

3,the defendants 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 her overdraft limit)

4,if and to the extent it is the claimants case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft limit constituted a breach or the terms applying to the account and that the contractul entitlement to debit charges from the claimants account constitutes a liqiudated damages clause, the same is denied. Tthe charges constitute payments the claiment agreed to make by reason of the terms and conditions of her account and were consideration for the defendent advancing credit to the claimant, which the defendant was under no obligation to advance. the defendent 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 relevent 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) terms act 1977, or are unreasonable within the meaning of the supply of goods and services act 1982.

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 her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an unauthorised overdraft facility or to increase the overdraft facility and / or her failure to make payments to bring the balance of the account back into credit.

8, It is averred that the said charges and interest are and remain lawful and enforcable and that the defendant was entitled to debit the same.

9, The defendent denies that is liable to the claimant for the sums claimed and the interest pleaded by the claimant or at all. In the alterantive, 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 the 22 december 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.

10, In alternative, and without predjudice to matters stated 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, and the charges were a concequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a concequence of such a 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 inforce the charges as set out in 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 herunder to the claimant.

 

 

if anyone could translate this i would be extremely grateful!!!!

[Falcom]

Well it looks pretty standard not too much to worry about - if you want to compare word for word mine can be found here http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post445686

 

So just got to wait for your AQ to come through now.

 

Good Luck

 

Peter

[TANZARELLI]

Ditto, all seems pretty standard to me too. You could crack on with the bundle while you wait, save bitting your nails in anticipation. Here a link:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Tanz

[ronvin]

got my aq questionaire with my letter with the defence on. ooooooh it all seems so real now don't know why i didn't think it was real before. i think i'm gonna read your threads to find out what they do next thanks for all your help it gives you a bit more confidence to know that there is someone there to help.

[Milo19]

Hay, don't worry, its now awaiting game once you've sent the AQ back. Just read up, get it in on time with a list of charges and sit back and let the interest grow

[ronvin]

hi in barclays defence they say that in the particulars of claim i haven't put in details of charges taken so i'm going to send them another schedule of charges to them and to the court. Is there a letter somewhere that i can send with it?

[Welshman]

Just send it along with your AQ. It's a standard part of their defence!

[msawouldlikejustice]

Hey ronvin

 

Just make sure it has your name, address, acc No and sort code along with your case No, and that you have sent it on request. Then file a copy of the letter and charges list for your court bundle.

 

Infact just do what welshman says, he knows best.

[ronvin]

thanks for your help i sent my AQ in so i'm just waiting now think i might start my bundle so i'm not rushing when the time comes. i also sent a copy of the charges with interest to barclays with details as above

[TANZARELLI]

thanks for your help i sent my AQ in so i'm just waiting now think i might start my bundle so i'm not rushing when the time comes. i also sent a copy of the charges with interest to barclays with details as above

 

 

No harm in being prepared,

 

Mines still sat here as they settled before i'd sent it. lol

 

Not long now. Tanz.

[ronvin]

thanks tanz hope mine is the same

 

i got a phone call off my mum this morning saying that someone from a bank has tried to get through to me (when i had this account i still lived with my parents) does anyone know the number or better still the person i need to phone as they left no contact details. i have withheld numbers barred from my new number so if they try to phone me at home they won't get through.