Barclays, am I right to do nothing?

[Donel261]

This is my third letter to Barclays requesting my statements, I gave them 7 days otherwise stated I would commence legal action. Surprise Surprise!! I'm honoured with a response, which reads:

 

" I am sorry to learn that you have not received your statements. I have checked your details and can see that they were sent to you in July however we do not have your current address on our records and so they were sent to your previous correspondence address" "Please visit your local branch and re-submit your request taking proof of your identity and address, once verified your statements will then be sent to that branch"

 

Ok, so you have ignored the address on both requests but decide to now write to me at an address where I have lived for over 3 years. An address where during that time you have chased me for outstanding debts and lodged a CCJ against me? Cut the crap barclays.... I dont believe you for a minute

[Nightstar]

unbelievable:mad:

[Donel261]

Statements finally received, prelim letter being sent off today.

[MrsFroogle]

Mine too Denel. I'll watch with interest.

[Donel261]

Thats good, we should be receiving our money around the same time!!

[Donel261]

Letter received:

 

Dear MRS XXXX (Addressed to and opened by my mother??, I closed my account three years ago, she still uses them) how rude!! (will it affect her?)

 

Anyway, the letter!

 

Thank you for your letter received at our office on the 14th September 2006.

 

I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible.

 

May I take the oportunity to explain that whilst we endeavour to respond to you within timescale outlined in YOUR letter, we cannot guarantee that we will do so (thats an awful shame, you will be getting a letter before action soon ) Anyway, back to the letter: Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution in four weeks, a full report or update on our pregress will be sent to you within eight weeks.

 

Followed by standard drivel.......

[surreylad]

Recieved mine today with the same text. looks like we are going to be doing everything on the same days.

[Donel261]

A really silly question:

 

Sent prelim, sent letter before action on 25th September 2006, no response, shall I lodge court claim today or give them 14 working days?

[Welshman]

No, it's 14 calendar days. Go ahead and file.

 

Good Luck.

[hagenuk]

It's wise to give them 14 days plus two, as the courts deem that a letter has been received two days after you posted it via first class post.

[Donel261]

Ok, thanks guys.

 

I think they have had long enough, they spent around 2 months dilly dallying before I threatened court action to get them to awknowledge my DCA request. I sent my prelim on the 8th September, thats a full month!! today is the 9th.

 

I think I will just crack on....

[victimnomore]

NO!

 

Send the LBA now, giving them 14 days before you file a claim.

[hagenuk]

LBA was sent on 25th September, pay attention before jumping in with capital letters and exclamation marks.

[victimnomore]

I apologise!

 

I'm a silly old fool.

 

I misread "Sent prelim, sent letter before action on .. " as "Sent prelim .. letter .. on .. "

 

Sorry, sorry, sorry.

 

I just didn't want you to get it wrong at this stage.

[hagenuk]

Admirable intentions and equally admirable of you to apologise publicly.

 

Thank you.

[Donel261]

Ok, seriously need some help now! :o Let me just type this gibberish, excuse the spelling mistakes. Any help or direction you can provide would be greatly appreciated!!

 

Defence received:

 

1. The partculars of claim do not provide details of the precise charges alleged to have been unlawful, or the date thereof. (they were included with my prelim request and letter before action!) To the extent it is aleged that the claimaint incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned charges "paid referral fees" or any other such fees), the defendent puts the claimant to strict proof of each charge and the date thereof.

 

2. The defendent is entitled to charge the claimant for unatuthorised borrowings by reason of its standard terms and conditions. The claimant accepted the same when the account was oopened, including (in particular without limitation) the following terms and conditions (which are summarised):

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

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

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

 

3. The defendents standard terms and conditions give the claimaint a fair and transparent view of those terms and charges applicable if unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimaint exceeds his overdraft limit.

 

4. If and to the extent it is the claimaints case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractural entitlement to debit charges from the claimants 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 defendent advancing credit to the claimaint, which the defendent is under no obligation to advance. The defendent is entitled to impose such charges and interest when the claimaint incurred the overdraft.

 

5. Accordingly , it is denied that the legal principles relating to liquidated damage 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 chagres or are in breach of the unfair terms in consumer contracts regulations 1999 (particularly but without limitation to, paragrapgh (1e) 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.15 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 what extend the claimant incurred charges on his account, this was caused by the claimaint having gone into overdrat without having agreed with the defendent an authorised overdraft facillity r to increase the overdraft facility and of his own 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 enforceable and that the defendent is entitled to debit the same. Accordingly, the claimaint is not entitled to a declaration by the court as to the enforceability of the said charges.

 

9. The defendent denies that it is liable to the claimaint for the sums claimed (so you know what I am claiming!) and interest (didn't request interest!) as pleaded by the claimaint or at all. In the alternative, which is denied, if the said charges amount to sums payable in breach of contract, it is averred that the charges asserted by the claimaint to have been applied to the account prior to 10 october 2000 would not be recoverable (I haven't asked for anything prior to that date!) for reasons of exhaustion of time in bringing contractural claims from the date of accrual, pursuant to the limitation act 1980.

 

10. In the alternative, and without prejudiceto paragraph 6 above, if (which is denied) the said charges and interest r any part therof are unlawful or unenforceable as alleged by the claimaint or at all, the defendent is nonetheless suffered loss and damage as a consequence of the claimaints brach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendent is unable to rely on its express entitlement to enforce 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 is actually suffered, which will not necessarily be limited to the value of the said charges, and the defendent seeks to set off such sums against any liabillity owed hereunder the claimaint.

 

Barclays Bank PLC :o

[jackovski]

That was exactly the same defence I got today, probably from the same person as well.

[Bookworm]

Yup, standard gumph. Have a look at threads of claims further down the time line than you, and you'll see for yourself.

[CrispDust]

its a stock defence, irrespective of who you are.

If it ever gets to court, this point should be brought to the notice of the judge.

ie they are not respnding to you as an individual or correctly.

[Donel261]

Took my completed allocation questionaire to 4th Floor of Birmingham County Court today, she checked the system and no fee was payable.

 

No mention of it being transferred elsewhere.... see what happens next!!

 

Good luck guys, chin up and all that!! ;-)

[Donel261]

Have sent off the awknowledgment of service to the court, do I just wait now until I hear from the court or should I be sending in my reply to the defence, court bundle etc within a specified time. Confused!

[livelylad]

Have sent off the awknowledgment of service to the court, do I just wait now until I hear from the court or should I be sending in my reply to the defence, court bundle etc within a specified time. Confused!

 

 

You have sent the AQ? Ok you need to start to prepare your court bundle. I doubt you will see the inside of a court but its best to preare. Just wait for further direction from the court although i would expect a settlement offer first.

 

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

[Donel261]

Thanks! Just had a moment of panic when reading another thread which said the bundle should be sent 14 days after you send off your AQ. But thanks, panic over... will carry on waiting. Barclays are incredibly stubborn, when I got my charges from Royal Bank of Scotland it was pretty quick.

[livelylad]

Thanks! Just had a moment of panic when reading another thread which said the bundle should be sent 14 days after you send off your AQ. But thanks, panic over... will carry on waiting. Barclays are incredibly stubborn, when I got my charges from Royal Bank of Scotland it was pretty quick.

 

The bundle is submitted 14 days before the hearing.

[Donel261]

How long does it normally take to hear from the court regarding the allocation questionnaire, I took it in at the december but have heard nothing since, I know we have christmas/new year public holidays but just wondering if that is normal.