Could someone please check!

[sm03art]

Hi all recieved defence today from barclays sol. could someone please check it over and see if its all standard stuff.

 

Me

-v-

Barclays

 

1. To the extent it is alleged that the claimant incurred bank charges on their account for unauthorised borrowings (weather unpaid fees for returned cheques, "Paid referral fees" or any such fees), the defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The defendant is entiltled to charge the claimants for unauthorised borrowings by reason of its term and conditions. The claimants accpeted the same when the account was opened, including ( in particular but without limitation) the following terms and conditions, (which are summarised)

a. the defendant right to charge a paid referral fee where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn £30 per item.

 

b. The defendants 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

 

c. The defendants entitlement, if the defendant becomes overdrawn without and overdraft limit to charge interest at the unauthorised borrowing rate on the excess balance

 

3. The defendants standard terms and conditions give the claimants fair and tranparent view of the those terms and conditions applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimants exceeds his/her authorised 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 autorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damages clause, the same is denied. The charges constitutes payments the claimant agreed to make by reason of the terms and conditions of his/her account and were consideration for the defendant advancing credit to the claimant, which 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 liquidation damages clauses and plenalty 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 such breach of the Unfair terms in consumer contracts regulations act 1999 (particularly but without limitation to, paragraph 1 (e) 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. The defendant denies that the terms and conditions are unclear, a copy of which was supplied to the claimants on opening the account.

 

7. It is further denied that any such charges unduly enrich the defendant

 

8. Therefore, it denies that the charges were unlawfully debited from the claimants account

 

9 If and to the extent the claimants incurred charges on their account, this was cause by the claimant having gone into overdraft without having agreed with the defendants an authorised overdraft facility or to increase the overdraft facility and / or their failure to make payments to bring their account back into credit.

 

10. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same. Accordingly, the claimants are not entitled to a declaration by the court as to the enforceability of the said charges

 

11. The defendants denies that it is liable to the claimants for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted by the claimants to have been applied to the account prior to 29 november 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims frm the date accrual, pursuant to the limitation act 1980.

 

12. In the alternative, and without prejudice to paragraph 6 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, the defendant has nonetheless suffered loss and damage as a consequence of the claimants breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defedant is unable to rely on its express entitlement to enforce 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 the said charges, and the defendant seeks to set off such sums against any liabilty owed hereunder to the claimant.

 

thanks if some could get back soon, as poss. cheers

[why!!!!!!]

Yes, that is a Barclays standard defence. same as i received in early December.

Claire