Barclay's court defence... HELP!!!

[cheeky_monkey]

I have issued Barclays with court proceedings for a claim (over 5000) and have just received their defence. Need a bit of help if anyone would oblige...This is what they have written...

1) The particulars of Claim do not provide details or particulars of the accounts in question or the precise charges alleged to have been unlawful, or the dates thereof. To the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings , the Defendant puts the Claimant to strict proof of each charge and the date thereof

 

2) The Defendant is entitled to charge the Claimant for unauthorised 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:

a) The Defendant's right to charge a "Paid Referral Fee" where the Defendant pays an amount which causes the account to become overdrawn - 30 per item

b) The Defendant's right to charge an administration fee if any cheque, SO or DD cannot be paid because of insufficient cleared funds in the account - 35 per item

c) The Defendants's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance

 

3) The Defendant's standard T and C give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings

 

4)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 and overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the account constitutes a liquidated damages clause, the same is denied...

 

5)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 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 are in breach of the Unfair Terms Act 1977

 

6)If and to the extent that the Claimant incurred charges on his account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and or his failure to make payments to bring the balance of the account back into credit

 

7) 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

 

8 ) The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded by the claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of contract, it is averred that the charges asserted with the Claimant to have been applied to the account prior to 24 Jan 2001 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual. If the said charges and the 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 unauthorised overdraft. Acoordingly, in the event that the charges as set out at paragraphs 2 and 3, 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 claims against any liability owed hereunder to the Claimant.

 

PHEW......... sounds bad???? can anybody please please help me or advise me on what to do??????????????/:o

[rippedoffagain]

Hi cheeky_monkey

 

It all looks bog standard except point 1.

 

What did you put in your POC?

[cheeky_monkey]

just a spreadsheet with charges, name of charge eg unpaids out charge and the date it is incurred. am bricking it now especially the last point!!

[rippedoffagain]

just a spreadsheet with charges, name of charge eg unpaids out charge and the date it is incurred. am bricking it now especially the last point!!

 

I can't think what more you can do, other than the spreadsheet.

 

You might want to read http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/70485-6-year-rule-question.html with regard to point 8

[Guest Mumofthreeboys]

This is exactly the same defence as I received and I got paid last month, so don't panic.

[Luddolube]

Don't worry, cheeky monkey, it all seems standard (even point 1). They put the same defence to me. I ignored it. I won all my money. They just try anything and everything to intimidate you. They will pay up.

Did you send a schedule of charges to the bank & to the court? If not, just send them now. Ask the court to add the schedule to your file. Tell Barclays that you are sending them yet another schedule as they seem to have misplaced your previous ones.

Good Luck

[Luddolube]

..and by the way, I ignored the 6 year rule too! They still paid up.