Tipsy0nBacardi-V-Barclays. Bring it on!!!

[saintly_1]

*Waves her halo* "I grant you enough patience to see you through to the end"

[Tipsy0nBacardi]

Thanks saintly, I need it, although I have no intentions of giving up without a fight lol

[Tipsy0nBacardi]

Notice of transfer arrived this morning along with Barclays sad excuse of a defence!!

Its been transfered to Northampton court before district judge Murdoch, aq has been dispensed with (yay).

The defence seems about normal!

1. The particulars of claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been lawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the claimants account for unautherised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or other such fees), the defendant puts the claimant to strict proof of each charge and the date thereoff.

2. 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.

3. The defendant is entitled to charge the claiment for unautherised borrowings by reason of its standard terms and conditions. The claiment acceptedthe same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summerised):

a. The defendants 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).

b. The defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficiant cleared funds in the account - £35 per item (previously £30)

c. The defendants entitlement, if the claiment becomes overdrawn without an overdraft limit, to charge interest at the unautherised borrowing rate on the excess balance.

4. The defendants standard terms and conditions give the claiment a fair and transparent view of those terms and the charges applicable for unautherised borrowings (including where the account is overdrawn without an overdraftlimit or where the claiment exeeds the autherised overdraft limit).

5.If and to the extent it is in the claimants case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits and/or failure to arrange an autherised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a luiquidated 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 and interest when the claiment 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 the Unfair Terms in Consumer Contracts Regulations 1999 (particularly 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).

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

8. If and to the extent the claiment incurred charges on the account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an autherised overdraft facility or to increase the overdraft facility and/or the 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 denies that it is liable to the claimant for the sums claimed and interested 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 applies to the account prior to 30 april 2001 are not recoverable because they are time-barred under the terms of the Limitations Act 1980 in that more than six years have elapsed since the accrual of the cause 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 claiment, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unautherised 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 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.

 

Oh and I received a handy little leaflet about mediation lol

[pjdavies2000]

Oh and I received a handy little leaflet about mediation lol

 

It doesn't happen to say:

4.1 Once you receive a court date through you should try ringing the defendent as often as possible, leaving numerous unanswered voicemail messages

4.2 As well as voicemail messages, which you know won't be answered, ensure you email at least 3 times a day, remembering to include an up to date Schedule of Charges each time.

4.3 The key to mediation, is timing, remember to ring your bank 10 days before the court date, when it is likely you'll find them willing to accept your mediation and settle your claim

4.4 Remember mediation is all about persistence

 

And if it isn't in the leaflet, then maybe Barclays should offer to re-write it for them!

 

Peter

[Tipsy0nBacardi]

You have just made my morning Peter lol

 

I have just emailed Krysta Cambell to ask who is dealing with my claim so I can send yet another schedule of charges directly to them.

Am off now to plant a tree as I feel so guilty about all this photocopying lol

[kopstar1965]

Hi Tipsy, we are on similar timescales, I have now received a court date from Sheffield CC in August so am now preparing the bundles. I hope you get a date (no pun intended) soon, it at least puts a final point on it that you can aim for.

The defence Barclays put in on my case was pretty much word for word as yours is, standard bull, why do they bother.

Good luck

Andrew. Hows your boy?

[Tipsy0nBacardi]

I'd be giving the litigation team a ring I think if I was you Andrew, might save yourself some paper and ink

I think the defence is supposed to scare us, unfortunately for them i've got 4 kids so i'm not easily scared lol.

As for my boy he was running around 2 hours after his op as though nothing had happened, he puts us adults to shame lol, thankyou for asking.

Good luck to you as well, i'll be watching your posts to see how you get on

[saintly_1]

LMAO at peter

[Tipsy0nBacardi]

Well Krysta didn't mail me back so I assume I'll have to wait to find out who's dealing with my claim! I also rang the court and the aq hasn't been dispensed with after all but the good news is she told me my hearing would be mid July so thats something to look forward to

[saintly_1]

Yay ..... only a month to go at the most

[Tipsy0nBacardi]

I know, I'm almost excited lol

[Tipsy0nBacardi]

Well no reply from Krysta so I emailed Dino and he mailed me straight back an told me Sharon daboul was dealing with my case. Have mailed her to ask if I can fax my soc directly to her as I've sent 4 lots already and their defence claims nobody has seen them! I also added that the court had told me I should get a hearing mid july (no harm in trying is there lol). Oh well if nothing else happens at least she knows I'm lurking around somewhere. Bet she doesn't get back to me as quick as Dino did

[poisoned_monkey]

Sharon is dealing with my claim too

 

Emailed her my details on Tuesday and still waiting for a reply

[Tipsy0nBacardi]

I take it back Sharon is very quick took her 20 minutes to reply to my mail lol

Dear Tipsy,

Thank you for your email.

I have taken over [NAME REMOVED]’s files. I have located your file, and unfortunately there is no schedule of charges attached to your documents.

If you could fax it over to me on the following number, I will attach the schedule immediately.

My fax number is: 01452 638 159.

Kind regards,

Sharon Daboul

[Tipsy0nBacardi]

Try her again now poisened monkey she's just replied to my mail

[poisoned_monkey]

lol presume she doesnt like me then!

[Tipsy0nBacardi]

Maybe she had a bad day when you mailed and just hit delete all lol. Try again just remind her you're still waiting

[poisoned_monkey]

I can imagine every day being a bad one if you work in their litigation department!

Sent email again lets see what happens

[Tipsy0nBacardi]

I've got to admit I wouldn't want to be working for them, they're really having to earn their money at the moment lol.

Good luck, let me know how you get on

[Tipsy0nBacardi]

soc have been faxed to Sharon.

*sits back and starts waiting again*

[saintly_1]

soc have been faxed to Sharon.

*sits back ,sips her bacardiand starts waiting again*

Have amended your post tipsy ;-)

[Tipsy0nBacardi]

I knew i'd missed something out saintly lol

[saintly_1]

Hehehehehe ..... sorry i couldnt resist ;-) must be the devil in me today ;-)

[pjdavies2000]

I saw fishyola or whatever his name is got on the wrong end of your trident at least once today!

 

Poor guy!!! He must feel like a fishyola out of water!

[saintly_1]

What can i say ......... bad day in the kitchen