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jordash v Barclays


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ive just started to claim back my charges from a few banks, credit providers etc.. and am kind of wondering what to do know.

i sent a letter to barclays asking for 1565 and yesterday got a letter offering me 840, just for one letter being sent.

would you take that and be happy with it or would you carry on and persue the bank for the full amount( as it is 720 short of what i asked for)???

any advice would be much appreciated as i am a bit undecided on what to do now.

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:grin:amount WON so far £15,021.27(12 claims):D

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Go for the lot Jordash, I know how tempting it is to have a bit of extra cash at this time of year, but holding out will be worth it in the end.

Good luck with all your claims we are all here to offer help and support.

Take Care,

Brecks xxxx

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so should i now send the LBA letter as ive only sent the prelim letter so far?

sorry for seeming a little thick over this but i want to do it correctly

And if i send this next letter are they likely to return with another offer or would they not offer me again as they did in their last letter?

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i sent the prelim letter off to barclays just before xmas asking for £1565 and yesterday receievd an offer for £840.

what should i do next as im not too sure, £840 is very tempting but then its still short of £725.

if i send off the next letter (letter before action), would they then respond with another offer or would they basically turn round and say start proceedings?

any advice would be very much appreciated especially from those whove already expericend this with barclays.

 

jordash

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KEEP TO THE TIMESCALES.

 

In my case, they hadnt replied to my 1st letter by the time the Letter Before Action was due, so I hit them with that...

The offer letter arrived (£1000, for a £3k+ claim) shortly after.

I let the LBA letter time expire, then hit them with the notification that I was not willing to accept their £1000 offer. I didnt really do this politely enough :rolleyes:, but never the less, the MoneyClaim went through and they are now defending it. I submit my AQ to my local court in a couple of weeks.

Your offer is still way off the mark in my opinion. A mate was offer £1900 on a £2300 claim. He took it. It wasnt enough to lose 3 months over and it was in Novemeber. Just in time for Xmas ;)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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What are the timescales we're talking about here?

 

Are they within them with the Prelim letter reponse?

 

If so, let it expire then fire the LBA. My offer arrived after Id fired off the LBA, then the Court Action started. I notified them of Court Action and at the same time declined their offer...

 

Ive posted the letter up in another thread tonight if you search my other posts :)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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so should i now send the LBA letter as ive only sent the prelim letter so far?

sorry for seeming a little thick over this but i want to do it correctly

And if i send this next letter are they likely to return with another offer or would they not offer me again as they did in their last letter?

 

There is a letter you can send with regards to the offer they have made, I would send this and the LBA aswell.

Good Luck, you will get all your money in the end Im almost sure of it.

Brecks xxxx

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i sent the lba off yesterday as i didnt receive their offer untill the day after the initial 14 days.

from reading on this site i see it says to accept their offer as a partial offer and to tell them that you are still claiming for the rest.

has anyone done this?, or have you just refused it totally and continued your claim

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  • 2 weeks later...

ive got to the mcol stage today as ive not had an offer of the full amount from barclays. ive rejected their initial offer of £840, i asked for £1565.

Can someone please help me or point me in the right direction for what to do with the mcol.

Is there a template that i can use or does anyone have a link to what they put on theirs??

any help would be appreciated very much.

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  • 1 month later...

to no surprise to me barclays filed a defence late on monday afternoon (they had until midnight on that day.)

today i received from the court an AQ and a copy of their defence and am kind of wondering what to do now. i know the AQ needs to be completed (can someone please post a link to the AQ up as i cant seem to find it) and this will be done and handed in to the court before it closes tomorrow.

i read from othe rposts about a court bundle? does this have to be given in at the same time or will i be instructed about this after the court has received my AQ?

 

Finally here is the defence that barclays gave....

 

 

  • The particulars of Claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, “paid referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and date thereof.
  • The Defendant 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 following terms and conditions (which are summarised)
    • The Defendant’s 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 (previously £25).
    • The Defendant’s 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).
    • The Defendant’s entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

    [*]The Defendant’s 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 accounts are overdrawn without an overdraft limit or where the Claimant exceeds his authorised overdraft limit).

    [*]If and to the extent it is the Claimant’s 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 constituted a breach of the terms applying to to the accounts and that the contractual entitlement to debit charges from the Claimant’s accounts 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 accounts 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.

    [*]Accordingly, it is denied that the legal principles related to liquidated damages 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 charges or are in breach of the Unfair terms in Consumer Contracts Regulations 1999 (particually 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).

    [*]Therefore, it is denied that the charges were unlawfully debited from the accounts.

    [*]If and to the extent the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility and / or to increase the overdraft facility and / or his failure to make payments to bring the balance of the accounts back into credit.

    [*]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.

    [*]The Defendant denies that it is liable to the Claimant 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 claimant to have been applied to the account prior to 22 January 2001 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.

    [*]In the alternative, and without prejudice 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 consequence of the breach of contract by the Claimant , the defendant has nonetheless suffered loss and damage as a consequence of such 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 enforce the charges as set out at paragraphs 2 to 3 above, it will to recover 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 hereunder to the Claimant.

Barclays Bank PLC

 

the part of this that i dont quite get is the first part where they are saying that the claim does not provide details of the charges. I dont know why they have said this as in my first letter sent way back in december had a list included, and once the mcol was started Barclays solicitors were also sent a copy along with the court.

would this have any effect to their defence if i were to raise this point , or is this just a standard issue defence that they give for all their cases?

 

any help or advice would be much appreciated because i dont want to just charge staright in and possibly slip up along the way.

 

jordash

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Search for the New Strategy for Alllocation Questionnaires post.( Sorry, a bit of a luddite don't know how to cut and paste the links). That will tell you all you need to know. The lack of detail on charges is a standard stalling tactic. They will have plenty of opportunity to be sent yet more copies. Good luck, seems like I am about 2 weeks to behind you. Ask for a moderator if you get lost. Better to do it right than to do it quick.

:lol:
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read from othe rposts about a court bundle? will i be instructed about this after the court has received my AQ?

Yes

 

is this just a standard issue defence that they give for all their cases?
Yes

 

See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

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Doh! ive just found the AQ guide to completion. thank you for posting a link though.

i shall now take that down to the court tomorrow morning once i have finished work

 

quick question, would the new strategy be better to use?

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If you are comfortable with its requirements, yes, definately. It could potentially cut the lenght of your claim by months.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

today i received a letter "General form of judgement or order" saying,

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an apllication to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

Claiment do file and serve fully detailed claim setting out dates and amounts which it is alleged have been deducted from the defendants account by 10 april, in default claim do be struck out.

 

 

is this asking me just to send in copies of my statements showing the dates and amounts? or am i not reading it correctly

 

any help would be greatly received : )

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