Bizarre.Moogle Vs Barclaycard

[Bizarre.Moogle]

Still nothing from them. Looks like its filling a claim time.

[Josie8]

Have you included any interest they charged you on each penalty charge?:idea:

[Bizarre.Moogle]

Nope, as I find it too hard to work out what would be normal interest to charge, and interest that was charge for late payments, overlimits etc..

[Bizarre.Moogle]

Also, due to work factors, I'll only be able to submit my claim on Saturday. At least gives me more time to read up on it.

[greengrocer]

Just starting with barclaycard so this is a very interesting and useful thread! Thanks! GG

[Bizarre.Moogle]

This is what Im going to submit on the MCOL site.

 

1. The Claimant had an account xxxx xxxx xxxx

xxxx with the Defendant.

2. Since 06/07/01 the Defendant debited

charges and interest in respect of purported

breaches of contract.

3. Defendant is aware of all details as a

list of charges has already been supplied.

Another copy will be sent.

4. Claimant contends:

(a) The charges exceed the Defendant's losses

caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law.

5. Claimant claims:

(a) return of the amounts debited of £282.00;

(b) Interest per S.69 County Courts Act 1984

of 8% - £91.42 continuing at 8% until

judgment or settlement at a daily rate of £0.06;

6. Alternatively, if the charges are a fee

for a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982.

7. Costs allowed by the Court.

Will that be enough? Should I include in there that I want to charge for letters sent, or will this be under the s7?

[Bizarre.Moogle]

Just checked and according to MCOL my case is demed served as of today. I have forward to the courts a list of the charges and interest that I am claiming back.

That means they have 27th May to mention anything to the courts.

[Bizarre.Moogle]

Barclaycard have acknowledged my claim, giving hem the 28 days to file a defence.

I have sen to the courst a copy of the charges sheet I have sent to Barclaycard, and I submitted this via the MCOL site.

 

Im going to look into preperation now, but any pointers and what I should have would help. Especially in the light the case with Lloyds TSB thats in the news at the moment.

[elisedriver]

Your letters received from Barclaycard are identical to the ones received by myself - so you can see how much they are relying on templates and not looking at individual cases.

 

It's been 16 days since I filed my N1 and as yet, I haven't been informed of any defense being filed by Barclays. I'll be phoning the court as soon as they open today to see if I can claim a default and apply for judgement.

 

Hopefully I'm on the track here...

[Bizarre.Moogle]

An update, just got back from my hols to find out that on Friday 8th June that they have filed in a Defence, so looks like its going to be transfered to local court.

 

Now, this is the first time for my claims going to court, and I'm not 100% sure what I now need to be doing. So any pointers of threads or people that might be able to help would be grateful.

 

Thanks in advance.

[sea-sidelady]

Quite a few of the North west courts are still dealing with AQs, so its worth reading up on it..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Bizarre.Moogle]

Hi all, received this today. This is an exact copy of what I got today. If anyone is able to advise me what I should be doing next I would greatly appreciate it.

 

Page 1

Notice of Transfer of Procedings

To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives or carries on business.

Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Chorley County Court.

All further communication should be addressed to:

The Court Manager, Chorley County Court, 59 St. Thomas’S Road, Chorley, Lancashire, PR7 1JE.

Page 2

Northampton County Court

Case Numer: 7QZ66655

Between

Bizarre.Moogle

And

BARCLAYCARD

Before District Judge Murdoch sitting at Northampton County Court

Without hearing it is ordered that:-

1.The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **

Note: Any party affected by this Order may under Rule 3.5 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Page 3

Defence

1.Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.

2.The Particulars of Claim are summary and do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof.

Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

3.To the extent it is alleged that the Claimant incurred charges on the Claimant’s account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the “Charges”), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

4.The Defendant’s standard terms and conditions (“Terms”), which the Claimant accepted upon opening the account, entitle the Defendant to debit the Charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised-borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date).

5.It is the responsibility of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date.

6.The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the Defendant would be entitled to debit the Charge from the Claimant’s account.

7.If, and to the extent it is the Claimant’s case that the failure to make monthly payments and / or failure to remain within the agreed credit limit, constituted a breach of the Terms, and that the contractual entitlement to debit the Charges from the Claimant’s account constitutes a liquidated damage clause, the same is denied.

The Charges applied to the Claimant’s account were payments that the Claimant agreed to make upon the events described above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and / or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claimant, or at all, and / or that the charges are otherwise unenforceable.

8.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, or in breach 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 provisions).

9.Further or alternatively, without prejudice to the matters pleaded above, if the Claimant’s failure to make sufficient account payments by the required date and / or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable.

10.If is further denied that the Charges were unlawfully debited from the Claimant’s account. 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.

11.Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant’s account.

12.The Defendant denies that is it liable to the Claimant the sums claimed and interest, as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted breach of contract by the Defendant, those charges which were applied to the account prior to 08 May 2001 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

13.In the alternative, and without prejudice to matters stated above, if (which is denied) the said Charges 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 by failing to make monthly payments and / or failing to remain within the agreed credit limit. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out 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 liability owed hereunder to the Claimant.

 

I believe that the facts stated in this form are true.

Signed Rosemary Treves Brown.

[elisedriver]

Identical and templated defence submitted mate

 

Here's mine :

http://www.consumeractiongroup.co.uk/forum/barclaycard/82629-elisedriver-barclaycard.html

 

 

When you actually get a notification of a court date, get your court bundle prepared.

 

Now is a good time to write to the court saying "You are aware that an AQ may not be required for this case.... " and try and get the draft order for directions applied. (as per the sticky threads above )

 

Hopefully then a Notice of Hearing will come with the draft order already attached.

 

Then it's down to Nudge letters a) to show that you are making the effort to settle prior to the hearing b) to keep the pressure on Barclaycard.

[Brad Smith]

good luck BM...just started my claim with Barclaycard, so subscribing to your thread which should help me as I go along.

 

Cheers

[Bizarre.Moogle]

Just noticed above what I placed from page one.

Page 1

Notice of Transfer of Procedings

To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives or carries on business.

Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Chorley County Court.

All further communication should be addressed to:

The Court Manager, Chorley County Court, 59 St. Thomas’S Road, Chorley, Lancashire, PR7 1JE.

I typed it all up into Word first and used strike out on the following "and note that the allocation questionnaire should be returned to the Chorley County Court.". They have cancelled this off my letter therefore no AQ needed.