Neeraj Vs Barclays Bank

[nmittra]

Thank you all for your inspirations. I managed to to get my £250 from Citibank within 2 weeks after the second letter. But Barclays wants to take it to the line.

 

I now need help again from you good people.

 

I sent my Moneyclaim on the Internet. I sent the copies of the schedule of final charges to Barclays by first class post.

 

I received today from the Northampton County Court, a letter stating that a defence has been filed and that the claim has been transferred to a court covering the area where the claimant(me) lives.

 

It further mentions that the filing of an allocation questionnaire has been dispensed with, unless the District Judge at the court of transfer order otherwise.

 

The defence states:

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 unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on her account (should be him :grin:) for unauthorised borrowings, the defedant puts the claimant to strict proof of each charge and the date thereof.

2. The particulars of claim are summary and do not provide details of the account held with the Defendant. Accordingly this defence is summary in nature and the Defendant reserves the right to amend the statement of case in due course.

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reasons of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) th following T & cs (which are summarised)

(a) 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)

(b) The Defendant;s right to charge an administrative fee if any cheques, standing order or direct debit cannot be paid because of insufficient cleared funds - £35 per item (previously £30)

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

4. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings.

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 constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of her 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 to impose such charges and interest when the Claimant incurred an 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 (contracts) Terms Act 1977 or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982

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

If and to the extent the claimant incurred charges on her 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 her 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 sum claimed and interest, as pleaded or at all.

11. In the alternative, and without prejudice to the 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 unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 3 to 4 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not neccesarily 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.

Barclays Bank PLC

 

I still do not have any date, I would love the comments of people who understand law more than I do. I will be always grateful for all your help.

 

Thank you all

[dar£n]

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 unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on her account (should be him :grin:) for unauthorised borrowings, the defedant puts the claimant to strict proof of each charge and the date thereof.

2. The particulars of claim are summary and do not provide details of the account held with the Defendant. Accordingly this defence is summary in nature and the Defendant reserves the right to amend the statement of case in due course.

 

Ok I read this as B's are claiming part of their defence as being you have not submitted enough information , i.e your SOC's

If you havent sent this in DO IT NOW!!!!

a copy to the court AND to B's [by Redorded Delivery]

 

You will probably get instructions from the judge to do this if he/she feels the same.

 

If anyone can elaborate on this further would be appreciated.[its early, and ive been at work all night, I may have misread it]

[dfective]

I am in exactly the same situation with Barclays, getting exactly the same points of defence as well. I'm particulary concerned with also not receiving an allocation questionaire, and the first two points mentioned by dar3n.

 

Could someone comment who's been in a similar situation??

[dar£n]

df.

Barclays use the same replies, same defence for everyone.

 

If you have received the same comments, treat it as std reply but send in your SOC's by recorded delivery to both B's and the court just to make sure.

 

here is a letter to go with it.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

obviously amend it where necessary

[dfective]

thanks dar3n.

 

i wondered about submitting charges to court as there was no point whilst posting on MCOL which asked me for the particulars of every charge I am claiming for, instead asking for a summary.

 

I will get these sent asap! Thanks!

[dfective]

Actually I had a closer look but that link looked very confusing. Seemed like about 4 different stages of a claim.

 

Could you post here what part of that link I'm supposed to be sending the court, alongside the particulars of each charge?

 

thanks,.

[dar£n]

sorry, my mistake, wrong link

 

letter to add SOC's to claim

[dfective]

ah you mean the 2nd post in that link correct?

[dar£n]

yes, copy and paste it into a word document and edit it as necessary

[dfective]

I received my letter from the court Friday saying that a defence has been filed and its being transferred to my local court. It isn't too late to send this is it?

 

Also, why wasn't an allocation questionaire required? They crossed out with pen the bit that usually asks for the form to be sent back.

[dar£n]

No send in your SOC's as advised.

 

The AQ's are being omitted cos the judges are now aware that the banks are not defending so they are trying to speed the whole process up.

 

good news for us claimants.

[dfective]

also, would it be a better idea to file an ammended POC as described here?

 

http://www.consumeractiongroup.co.uk/forum/general/15172-reply-stock-defence-18-a.html#post116506

[dar£n]

not necessary, the letters, templates etc on here have been tested and proved to be successful,

when people start sending in their own interpretation of these things is where complications set in. esp if they are questioned about it and dont know what theyre talking about

 

why go to all the extra, unnecessary work when you have everything you need laid out on a plate for you?

 

saying that, this is your claim, we can only advise, if you wish to use that, then carry on

[nmittra]

Thank you to all those who are helping us emotionally.

 

Question: Now that I have received the defence and the information for the new local court, do I send the SOC's to MCOL or the new local court.

 

Thanks

[dar£n]

To the new court, MCOL are nothing to do with it now.

[nmittra]

Also should I use the Barclays Head Office address to send the SOC or send it to the Guys address who signed the defence

[dar£n]

Send one to the court and one to churchill place by recorded delivery

[nmittra]

Thank you.... Sending that off now.....

 

and also sending off the letter before action to Egg Loan