Soupy1cat v Barclays

[soupy1cat]

Hello to all.

 

I've filed my MCOL particulars and have now received Barclays' Acknowledgement of Service. They have ticked the box that says "They intend to defend the whole amount". Is this what other people have had?? I'm getting very scared now in case I have to go to Court. My claim is only for £600 in total - I thougt they might have caved in by now but obviously they are not going to!?

 

Help - any advice appreciated!!

[sandbag]

Hello to all.

 

I've filed my MCOL particulars and have now received Barclays' Acknowledgement of Service. They have ticked the box that says "They intend to defend the whole amount". Is this what other people have had?? I'm getting very scared now in case I have to go to Court. My claim is only for £600 in total - I thougt they might have caved in by now but obviously they are not going to!?

 

Help - any advice appreciated!!

Hi Soup - this is completely normal for Barclays, so don't worry. I had exactly the same.I don't believe that Barclays have ever stepped foot inside a court to explain their charges. That said it might be worth having a look at the basic court bundle in the templates library to prepare yourself.

Hope that helps.

Regards sandbag.

[soupy1cat]

Thanks very much for your advice. Crikey I feel very nervous, and I'm a legal secretary so deal with bundles and court dates etc every day - it's a different story when its for yourself!

[soupy1cat]

Hello to all - I'd be very grateful for some advice.

 

Barclays have now filed their defence and the court have sent me the AQ.

 

I am really getting nervous now.

 

Basically Barclays Defence is saying that it is all my fault because I haven't handled my account properly and went over overdraft limit etc etc. They say "The Defendant puts the Claimant to strict proof of each charge and date thereof" = does this mean that I must now prepare my bundle of statements etc. They also say "The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of it standard terms and conditions and the Claimant accepted the same when the account was opened". they say they have a right to charge an admin fee. They say "It is denied that the charges were unlawfully debited from the account". They also say that I am not allowed to claim for charges prior to 22/1/01 as that is after 6 years. I first made contact with them back in September 06 so I thought it was 6 years from then - they are in actual fact saying 6 years from the date it was set up with the Court. Is that correct? if so, I'll be a couple of hundred pound down, but still worth it.

 

They also say at the end - "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 think I understand what most of the form says, but not the paragraph above.

 

Sorry I've gone on a bit but I'm really quite worried now - do you think I'll have to go to Court and show my statements etc??? I'll prepare them and send them in the timescale but I am quite nervous.

 

Many thanks for any advice.

 

A worried soupy1cat!

[sandbag]

Hi soupy - this is standard Barclays stuff - same as i received- so try not to worry.

 

Regards Sandbag.

[Coyotesj]

I think the last paragraph means

 

if Barclays win they are will be entitled to charge you for the 'actual' costs incurred when a payment fails etc.... implying that it costs them MORE than what they actually charge at the moment (around £35), which is absolute rubbish as we all know the reason we are able to claim back these charges is that they are hugely inflated and the ACTUAL costs to the banks is far lower than we are currently getting charged.

 

Try not to worry as this is exactly what I and every other person has been given from Barclays as a defence, dont be intimidated by the big bad wolf!

[soupy1cat]

Many thanks for your advice - I'll try not to worry and let you know how I get on.

[dar£n]

Soupy, you are correct your claim is 6 years from when you initiated it, not when they decided to get off their....bums and take notice, but as stated you are simply receiving std barclays replies, practically word for word.

 

At the moment Barclays are not attending court as they cannot justify charging £30 when it only costs them £2.50.

not only that, their legal representation at court would be far more expensive that the amount you are claiming so dont worry, youre on the right track.

[soupy1cat]

Just an update - filed AQ today. Just wait for either a Court date or the phone to ring now I suppose??

[soupy1cat]

Hello to all. An update. I've now received from my local County Court a "General Form of Judgment or Order". It says: before District Judge.... sitting at .....county court etc, upon considering the Court file it is Ordered that: 1. This case is to be listed for hearing on xxxxxxx at xxxxx. 2. It will be listed with all other outstanding claims for refund of bank charges etc. 3. The parties shall file and serve witness statements with copies of all relevant documents annexed by 4.00 pm 2 weeks before hearing. 4. The Judge will use his case management powers to decide in each case whether to make any agreed Order, give directions for further conduct of the case, or to proceed there and then with the hearing. 5. It is likely that any case seriously contested will be given directions and a later hearing date. 6. It is probable that the Judge will deal with cases in batches where there is more than one case against a particular Defendant. 7. If a party fails to attend the Judge may strike out the claim or defence as he sees fit and enter judgment accordingly.

 

Help - what does this all mean??? Is it heading the right way? Is this standard?

 

Thanks for any advice/tips.

 

soupy!

[soupy1cat]

Hiya - can anyone help me with some advice re: above post? Many thanks.

[oneofakind]

Hi soupy,

 

Yes, it seems to be heading the right way. Basically I read it as the courts being so busy with these claims that they're handling them in bulk! If the bank don't turn up (which they usually don't, as they generally settle before you go to court) the judge is going to rule as he sees fit.

 

You can never be absolutely sure, but it looks good to me.

 

Anyone out there feel any different about it???

 

D.

[oneofakind]

Forgot to ask..... are you getting your court bundle ready, just in case. you'll need to have that 14 days before the court date (which you didn't mention...)

 

D.

[soupy1cat]

Hiya - thanks for replying to my query. Yep in the process of getting documents together to send to Court and Barclays now. Thanks very much.