Brown Vs Barclaycard

[animaleyes76]

On MCOL my claim was issued on 12th June however I have not yet issued to SOC to MCOL.

 

On the letter for sending SOC to MCOL it states charges + interest = claim.

 

Bearing in mind we are now 2 days later the amounts differ to the claim amount made due to interest. Do i send as is or amend back 7 days to the claim date? doh

[animaleyes76]

Has anyone got a list of cases that Barclaycard have previously settled out of court? I thought that this could be useful for my court bundle if anyone has it

 

Many thanks

[saintly_1]

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[saintly_1]

sent same link to your other post ... just selece the institution you require

[animaleyes76]

What can I say? You are just SOOOO helpful it's unbelievable! Tried to give you some more positive feedback but says have to give to someone else first. I will though. Spent ages looking for that link! lol

 

[maxine989]

Hi... Are you still waiting for your statements?

 

Is the court case for non-compliance?

 

Maxine

[animaleyes76]

Hi Maxine,

 

No, I am one of the lucky ones that finally got their statements (well after 83 days) so the claim is for actual recovery of fees.

[maxine989]

Ah... lucky you.

 

I am still waiting for mine since Novemeber 06... can you believe it??

 

It is turning into a bit of a saga actually with them fobbing me off with dodgy fake looking statements which show a balance of zero and zero tranactions for 19 consecutive months... I am just in the proccess of disputing this.

 

I am trying to find members in the same situation, but as of yet haven't found anyone... looks like I am the only one...

 

What a game eh!!

 

Well... good luck with your claim, lets hope they cough up soon.

 

Maxine

[animaleyes76]

full defence.. standard stuff. transfered to guilford ad now awaiting the same directions as i got in my barclays case

 

• The particulars of claim do not provide details of 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 the claimant’s account for unauthorized 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 the date thereof.

• The particulars of claim are summary in nature. Accordingly , this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

• The defendant is entitled to charge the claimant for unauthorized 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 summarized)

• 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 and administrative fee if a 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 unauthorized borrowing rate on the excess balance

4 The defendant’s standard terms and conditions gave the claimant a fair and transparent view of those terms and the charges applicable for the unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorized overdraft limit)

 

5 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 authorized overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of the 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 an interest when the claimant incurred the overdraft.

 

6 Accordingly, it is denied that the legal principles relating 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 thee Unfair Terms in Consumer Contracts Regulations 1999, or are in breach of the Unfair Contracts Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s15 of the Supply of Goods And Services Act 1982 (or indeed any other provision)

 

7 Therefore, it is denied that the charges were unlawfully debited from the account.

 

8. If and to the extent that the claimant incurred charges on the account, this was caused by the claimant having gone into the overdraft without having agreed with the defendant an authorized overdraft facility or to increase the overdraft facility and / or failure to make payments to bring the balance of the account back into credit.

 

9. 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

 

10 The defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 30 May 2001 are not recoverable because the are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the case of action

 

11 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 aunauthorised overdraft . 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 its 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

[saintly_1]

Yeah standard ..... send em your SOC's again

[animaleyes76]

Anybody have a template letter requesting judgement for non compliance out of interest assuming I get to the 13th with no response?

[saintly_1]

second letter on post #1 http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html