Here we go!!!

[olly83]

Thought it was about time I started a thread of my own after months of reading the excellent help on this forum. Today I received Barclays defence with my allocation questionaire. My claim amounts to, including interest, £3317. It seems to be the standard stuff (I have looked at Welshmans defense received) - 9 paragraphs which say roughly this:-

 

1. The Particulars of the claim do not ......blah blah

2.The defendant is entitled to charge.....the following terms and conditions (there follows a summary of points a to c referring to the right to charge a "paid referral" on overdraft; right to charge an admin fee for if cheque standing order or direct debit cannot be paid: entitlement to charge interest when overdrawn without an overdraft limit

3. The defendants standard terms and conditions ....fair and transparent view ...etc

4. that the claimant has breached terms of account..

5.Denying that legal principles relating to liquidated damages clauses and penalty charges are relevant to facts as set out above.

6. Therefore it is denied that the charges are unlawful...

7.Saying charges caused by claimant going into overdraft without agreeing overdraft facility or to increase it..

8.Charges are lawful

9. They appear to be saying here (same as Welshmans para 9) that ok they may be found to be unlawful but we have suffered loss and damage and our actual loss and damage may be more than the claim - so we are actually seeking to take more!!!

 

Does this seem standard stuff - I know I have paraphrase but short of time at mo - just wanted to get some feedback.

Also have noticed that I made a bit of an error when I sent my final demand letter to Barclays before going down the MCOL route the schedule of charges sheet had the name of the Customer Relations Manager Laurence White (probably not there any more!) in place of my name although my account number etc where all correct and my name of course appeared in my letter. The reason I bring this up now is because I do not want to be caught out on a technicality so do you think I should send Barclays HO a copy of my allocation questionaire the schedule of charges as completed when submitting MCOL claim.

Would be grateful for any advice

[crashbandicoot]

Olly, the defence sounds pretty bog-standard to me. As for the name error, I wouldn't worry about it too much. They know who you are and what the account is from the previous correspondence you've had with them. When it gets to the hearing date/sending your bundle it, you can send them a corrected/up-to-date schedule of charges.

[olly83]

Thanks Crash.. Have sorted out how to fill in AQ in accordance with the new strategy thread posted by Bankfodder and excellent guidance notes by GaryH. Is it best to send a copy of AQ plus Draft Order for Directions attachment and schedule of charges to Barclays at the same time as sending AQ back to court. Thought it may convey relentless intention to take this to the wire!! However do not want disclose more than is necessary to them. Any advice?

[Falcom]

I went with new strategy and got directions as per the draft (unfortunatley Barclays saw fit to ignore the directions but hey what do we expect).

 

Complete the AQ and enclose the draft order. no need to enclose schedule at this stage because that is one of the requirements of the draft order of directions - to submit within 14 days of directions a full schedule of charges.

 

The AQ helps the Judge allocate the case and offer directions - he will know the total value from MCOL and MCOL should have passed on the file (which includes your schedule submitted previously).

 

Just my opinion

 

Peter

[olly83]

Thanks Peter

Have just looked at your thread to see where you are. Looks encouraging, hopefully the court will act against Barclays due to their non-response to the Order. I see that the defense they put forward is identical to mine. I will watch your thread with interest.

Many thanks