barclay's defence..let's tear them apart.

[avataryoyo]

hello

I have recently received my allocation questionnaire and copy of barclays defence, and am now preparing for the court!

 

Incidentally, when i first requested my statements for my 2 current accounts they took 3 months and they have still only sent one account's statements...is this a breach of the data protection act that is worth mentioning in the allocation questionaire? i have underestimated the charges incurred on that account but am claiming 2 grand back of UNFAIR charges!

 

if anyone has any good paragraphs to include on my allocation questionaire i would be really grateful if you could point them out...it is quite exciting to be doing this court business but still rather nervewracking!! the posts on here have boosted my confidence but every case i guess is individual...let us pray that the court rules in OUR favour.

 

:-p

[octron32]

this is what i intend to use on mine when i have to fill it in.

 

1. I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Claimant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other banks customers) that the banks refuse to reveal the details of their penalty-charging regime.

 

2. It is my opinion that the reason they have settled these cases in such a manner is that they are unable, or unwilling, to produce the evidence to back up their position.

 

3. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

4. May it please the Court; I request that the Defendants claim is struck out on the basis that the Defendant has no basis for its defence.

 

5. I am aware that the Defendant has recently experienced a large number of claims for the return of charges unlawfully levied on customer’s accounts. The defendant has repeatedly acknowledged claims, entered a similar defence they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings, and generally abused the legal process to its advantage. However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court.

 

6. The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract, which it claims allows it to levy charges of the magnitude it has done in the claimant and other customer’s cases.

7. I have asked the Defendant several times for them to provide a breakdown of these costs, but they have failed to accede to my request. Indeed this Defendant has also been party to numerous successful County Court claims, (attached 1) and in all the cases of which I am aware, they have settled the claims prior to reaching Court rather than produce this evidence.

8. In the event that the Court is minded to allow the defence then it is requested that the Defendant is put to standard disclosure pursuant to CPR 28.3(1) a. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

May I respectfully request that the court orders disclosure of:

(a) The defendants costs in relation to the administration of breaches of contract on the part of the claimant;

(b) The defendant provides evidence of its pre-estimates prepared during the period the claimant held its account with the defendant;

© That the Defendant supply to the Claimant, a full certified breakdown of the actual expenditure incurred by Abbey National in relation to each of the charges detailed in the Claim.

(d) Where the charge is purely an administration fee applied under the Terms & Conditions of the account, the Defendant supply the Claimant with certified details of how this charge was set, and the calculations used in the process of arriving at this figure.

(e) That the above actions be completed within 14 days.

(f) The defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations into the investigation by the Office of Fair Trade into credit card charges;

(g) The defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations relating to the introduction of the Unfair Terms in Consumer Contracts Regulations 1999.

 

9. I can see no merit in any further delays to attempt a settlement. I would respectfully suggest to the Court that the Defendant has attempted to prevent claims being brought against it by every means possible including applications for stays. I believe that in the event that the Court sets a stay in place that this would materially benefit the Defendant at the detriment of the Claimant. I therefore respectfully request this Court that the claim is allowed to proceed as quickly as possible to its natural conclusion.

[avataryoyo]

wow thanks v much i will go through my claim tomorrow and conjur up something along those lines, thats a v good presentation of the facts by the way, very compelling!! lets hope the judge sees how ridiculous this is!

[octron32]

thanks but i will take no credit this is just compiled from all the aq's that i have read on this site.

[avataryoyo]

excellent! i have compiled something similar and have included the fact that barclays are in clear breach of data protection act 1998 as they have failed to provide my requested info within 40 days, not at all in fact. I kindly ask the judge to take into consideration also the fact that I have requested full details of charges on 2 accounts by telephone, letter and email to barclays and had no success. They have failed to provide justification for the rate at which the charges have been set; surely it is their duty to keep records of these calculations and to provide them to me as their customer upon my request?

 

I am going to file it at county court on monday and see what happens. i am raring to go now because of their total disrespect for their customers and arrogance!

[avataryoyo]

hey....quick update....i have submitted my allocation questionnaire to the county court so i am now waiting for a hearing date!

 

i am scared but at least i will have my chance to say how i feel and hopefully attract the papers to the hearing since it has been rare for barclays to go the whole way! oh well fingers crossed i will get my money back, if not i will be pxxxxd off but i will do my best to prove a point! :-p