Smiley Scouser 27 v barclays

[Smiley Scouser 27]

All done & sent. I await my cheque!! LOL

[Smiley Scouser 27]

Got a letter back within a week, basically saying 'We've got your letter but we won't be getting back to you within 14 days'.

Anyway, the 14 days have gone by, they haven't got back to me so I have sent them a letter before action.

I await their reply by 14th June.

[dar£n]

recorded delivery?

[Smiley Scouser 27]

Of Course!!!

[Smiley Scouser 27]

Oh Dear. Silly Barclays I got a letter from the court today saying that they've entered a defence regarding my claim of non compliance with the Dpa. They want proof!!! Where do I start? My letter from the ICO? Unbelievable, I have all the proof, they are not scaring me.

[Smiley Scouser 27]

Filed Mcol this morning. Looking forward to their defence on the 14th day!!! LOL!!!!!

[oneofakind]

I think you'll find they defend on the 28th day!

[Smiley Scouser 27]

Oh yeh!!! Sorry, it's been a long day today!!!!!!!!

[Smiley Scouser 27]

UNBELIEVABLE!!!!! I received a letter today from Barclays addressed to a different name than myself, I opened the letter and it said "We are investigating a complaint that you made to The Information Commisioner about us but we cannot trace you by your account number or address, please give us more information".

I have sent a letter back basically saying "The reason you can't trace my name to an account number or address is because you are looking under the wrong name!!!

I have checked my reply from The Information Commisioner and they have used the correct name so if Barclays come back and say that The Information Commisioner sent them the wrong information then i'll just say "Well, isn't it strange that they addressed their letter to the right person!!!".

[oneofakind]

What a shower!

 

Another complaint going to the ICO on Monday then?

 

[Smiley Scouser 27]

I love it!!! It was Barclays last day tomorrow to file a defence & i've just checked Mcol & lo & behold, they have submitted a defence!!!

I now have to wait for it to be allocated to a court.

BRING IT ON!!!!!!!!!!!!

[Smiley Scouser 27]

I received a notice of Transfer of proceedings today from the court.

It says Case No : 13456

Between : Ms Anon

And Barclays Bank Plc

Before District Judge Murdoch

Sitting at Northampton County Court

 

Without Hearing

 

Date order drawn 12th July 2007

 

 

 

Barclays have put in their standard defence.( I won't bore you with it )

 

I am sending my Schedule of charges to Barclays Litigation Team tomorrow.

What do I send to the court or do I just wait,they haven't asked for anything.

 

HELP!!!!!!!!!!!!

[vincymum]

Send a covering letter to the Court and Barclays, or,

you could just do the one letter to the court and c.c. it to Barclays Legal department level 29, one churchill place london. etc...

and say something to the effect that you are sending a 'further copy' of your statement of charges to the court and to the Defendant, re their defence.

 

Odd, usually the court ask for documents to be relied upon to be supplied 14 days before court date.

Comply with anything you are to do by the court, and in plenty of time. If you are in any doubt you could always ring the court for confirmation/clarification.

 

please note, any advice given is without predjudice and without liability. If in any doubt please consult a qualified legal practitionner.

[Smiley Scouser 27]

Thanx Vincymum xx

[dar£n]

Barclays have put in their standard defence.( I won't bore you with it )

 

 

Go on....bore us with part 1.....just to be on the safe side

[caro]

2 threads merged. Pleased post all of your progress on one thread as it makes it easier for other to advise, particularly if you have any problems.

[Trucker]

Come on Daz you know it word for word..... Especially as the SOC's are being sent

[dar£n]

Yeh I know it, you know it but i wanna check that the defence doesnt state the crud about the particulars etc..

Ole Scouse may have a 'standard defence' but might be std in the way that they are claiming insufficient POC's

[Trucker]

Point taken... we must be careful... i put a comment on another thread that the POC's that are causing probs are from the other site

[dar£n]

ive started advising people to send in BOTH SOC's AND POC's at this point just to make sure, although some dont agree with me.......lol [you know who you are ]

[Trucker]

lol...yep... but won't it cost £35 to change poc's?

[dar£n]

Point taken... we must be careful... i put a comment on another thread that the POC's that are causing probs are from the other site

Yes ive noticed A LOT coming from the other siteS [not just Lewis's] are cutting serious corners.

Also MCOL are causing huge headaches, either losing or delaying claims......AND. AND the POC's used in MCOL are now deemed unsuitable cos they do not allow enough room to elaborate.

I'd suggest new claimants go straight to N1 forget MCOL.

[dar£n]

lol...yep... but won't it cost £35 to change poc's?

 

I have heard some have been charged the fee but many are allowed to simply update the original, esp if originated from MCOl

 

Cases entered locally

 

If you find you have made an error in your particulars of claim, or you need to amend them for any other reason, after you have started proceedings but before judgment has been entered, you can only do so with either

• the written consent of all parties to the claim or
  
• permission of the court.

[Smiley Scouser 27]

Just on way to work, will post the defence later xx

[Smiley Scouser 27]

In a Nutshell :

 

1, POC do not provide details

2, POC are summary in nature

3, The defendant is entitled to charge the claimant for unathorised borrowing as per T&C's

4, The defendant's T&C's give the claimant a fair and transparent view of the terms and charges applicable

5, the charges are what the claimant agreed to pay via the T&C's

6, the charges are not in breech of the unfair terms in consumer contracts reg 1999

7, therefore, charges were not unlawfully debited

8, charges were incurred when the claimant went into overdraft without agreement

9, the charges are lawful enforceable

10, if the charges is incorrent then the claimant cannot claim for any charges before 2001 as per limitation act 2001

11 In the alterative and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceableas 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 & damage as a consequence of such a breach of contract in allowing the account to go into an unauthorised overdraft. Accordingly, in the event that the defendant is unable to rely on it's 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.

 

(Very confused by the last bit, that's why i've typed it word for word)