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origami_kid

origami_kid vs Barclays - court action

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I've gone through the standard letters, replies, offer of about half the ammount, rejection, and finally online small claims court claim, and have had a defence from barclays yesterday.

 

My Particulars of claim are:

1. The Claimant has an account xxxxxxxx with

the Defendant to which the Defendant has

debited numerous charges to the Account in

respect of purported breaches of contract on

the part of the Claimant.

 

2. The Claimant contends that the charges

debited to the Account exceed any alleged

actual loss to the Defendant but are instead

a profit making exercise.

 

3. The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations (1999), the Unfair Contract

Terms Act 1977 and the common law.

 

4. Accordingly the Claimant claims: a) the

return of the amounts debited in respect of

charges in the sum of £xxxx and any interest

charged thereon; b)interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from xx/x/2002 to xx/xx/2006 of £

xxx.xx and also interest at the same rate up

to the date of judgment or earlier payment

at a daily rate of 0.0022%.

 

Now i've made on SLIGHT mistake in that it should be 0.022%, but i'm thinking if they hold me to that for the period from the date of the claim to the hearing, it'll be a lot cheaper than the £35 to ammend it?

 

Now onto their defence:

 

it's standard as given by most other people here, and all the points are answerable except the first two, which i can't find the info on what they're refering to, and don't really understand - these first two points of defence are:

 

1. The particulars of the 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. Furthermore, they give no recogniseable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a defence. The Statement of Case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.2

 

now i've given them full details of all the charges, so presumably i reply that this is the case, and attach a full listing for the courts? but what IS CPR r16.2? i can't find the info on google in order to reply to that precise point.

 

second point they make:

The Defendant respectfully requests an order that the claim be struck out pursuant to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim and is an abuse of the Court's process. It also does not appear to comply with CPR r16.2

 

again, what is CPR r3.4, and how do i reply to this point to ensure the worst case scenario of it being struck out is avoided?

 

thanks in advance!

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my question now is:

 

I've got to state that i've already provided the bank with details of the charge amounts and dates. but do i attach this list for the courts NOW, or do i wait for them to ask for documents? likewise for all the other correspondence i've had with the bank.

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oh, and also, i've got to pay a £100 fee to the local court now too - do i add that in somehow, or does it automatically get added when i pay it?

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i believe that you should send an updated schedule of the charges to the court along with the AQ and fee,and also send a schedule to Barclays.

you should then get a court date.

2 weeks before the court date the court should contact you to send in your court bundle.you should also send a copy of the bundle to Barclays and keep a copy for yourself.

hope that's right.

good luck.

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