Fox vs Barclays

[wjfox2007]

Hi all

 

I'll be starting legal action against Barclays this week, and thought I'd post my progress on here just to make sure I'm doing everything right.

 

Just to give some background about the stage I've reached -

 

 

1. I wrote to Barclays in June 2006 with a Data Protection Act request. Within a few days they sent me a list of charges. These came to £650.

 

2. I wrote a letter asking for a refund of £650 (didn't ask for interest).

 

3. They wrote back with an offer of £325.

 

4. After some thought, I decided this just wasn't good enough and I wanted to go further. I phoned their customer services department at Canary Wharf, no luck there. In September I wrote another letter with a final demand, still no response.

 

5. Time went by, I got sidetracked with work and loads of other stuff, and for various reasons I kept putting off my claim. Recently however I did some more reading about these bank charges and decided to go for it again. I've since accrued a couple more default charges. The total amount I'm now claiming is £710 + £190 statutory interest.

 

6. I have all the information needed (I think). Tomorrow I'll be registering on the MoneyClaim website and starting court action.

 

 

Just a quick question - do I include the interest as part of my claim, or do I have to wait until the end when it's "automatically" added on by the courts? (assuming I win...)

[oneofakind]

You're unlikely to see the inside of a courtroom.

 

The interest, and any costs, form part of your claim.

 

[dar£n]

I wrote to Barclays in June 2006 with a Data Protection Act request.

Time went by, I got sidetracked with work and loads of other stuff, and for various reasons I kept putting off my claim. The total amount I'm now claiming is £710 + £185 statutory interest.

 

I would consider resending the LBA including your new charges with the amendment 'As ive had no response from you since Sept 06....'

[wjfox2007]

Thanks for the info. I forgot to mention - I wrote to Barclays one final time last month; haven't heard anything since though. So I'm now in a position where I can definitely register with MCOL.

 

Before I do this, can you tell me if there's anything else I'm entitled to claim back, other than charges and statutory interest? e.g. some form of compensation for the inconvenience/distress caused by Barclays. Is there some kind of award I can demand (via the small claims court)?

 

Thanks again.

[wjfox2007]

Anyone...?

[Michael Browne]

Before I do this, can you tell me if there's anything else I'm entitled to claim back, other than charges and statutory interest? e.g. some form of compensation for the inconvenience/distress caused by Barclays. Is there some kind of award I can demand (via the small claims court)?

 

Cost are not generally awarded in Small Claims, however once they have settled you can apply for Wasted Costs. See here:

 

Costs : Wasted Costs Order

Wasted Costs order

[wjfox2007]

Right, I've submitted all the info online, and I have a claim number. Just have to wait now.

 

Can't believe I'm taking on a bank like this... The thought of sending bailiffs in (assuming I won, and they didn't pay up) is quite hilarious really. Below is a picture of 1 Churchill Place, their registered address. Just imagine if bailiffs turned up there and started taking furniture out... LOL :)

 

 

[wjfox2007]

Haven't heard anything from Barclays yet. They have until tomorrow to respond.

[wjfox2007]

Well, the deadline has passed.

 

No acknowledgment or anything from Barclays. Nothing refunded to my account.

 

So I assume that's it...? Can I simply ask for judgment via the Money Claim website?

 

Looking forward to receiving my £980...

[dar£n]

Sorry to put a pin in your bubble, but they WILL ..

 

see the picture where all the lights are still on?.....Thats the Litigation Team working overtime LOL

[wjfox2007]

Sorry to put a pin in your bubble, but they WILL ..

 

Er... will what?

 

I thought once the deadline had passed (i.e. they fail to even acknowledge), then that's it, I can ask for judgment.

 

Are you telling me they can still enter a defence, or do something to delay it?

 

EDIT: Or were you just joking?

[Trucker]

Barclays seem able to slip acknowledgements through a couple of days late. It maybe that the MCOL site has not yet updated. Give it another day. Even if you file for judgement Barclays will simply ask the court to set it aside. Unless of course there fingers really have slipped off the pulse

[wjfox2007]

Well, another day has passed... still nothing.

 

If I hear nothing by 5pm today then I'm going to enter judgment by default on the MCOL website!

[dar£n]

Its very frustrating I know but dont be surprised if theyre allowed to continue after monday too, prob claiming bank holiday rubbish or something.

 

see here, in particular option 2

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[wjfox2007]

I don't believe it.

 

They acknowledged within the last couple of hours.

 

[dar£n]

sorry!

[Tipsy0nBacardi]

sounds about right wjfox sneaky little wotsits aren't they!!! now the next wait for the defence

[wjfox2007]

I've received a hard copy of the acknowledgment by post.

 

The defendent is a solicitor called Rosemary Treves Brown.

[wjfox2007]

They've submitted a defence.

 

This means I have to attend court now, right?

 

[oneofakind]

Maybe, maybe not.

 

most likely NOT.

 

[saintly_1]

you will now receive a notice of transfer to your local court this can take a week to come through as mcol is now pretty busy .... you will then have to wait for your local court to set a date once you have a date you should consider giving B's lit team a call

[Trucker]

After reading others threads you could give B's lit team a call now, at least you will find out who is dealing with your case. Have read a couple that have settled at this point

[wjfox2007]

Thanks for the advice - I will phone them first thing on Monday. If they try to settle with a partial offer then to be honest I'll have to turn it down. I really do need the full amount (£980).

[wjfox2007]

I haven't actually called their litigation team yet. To be honest I've been worrying about exactly what to say.

 

Anyway, I've just received their defence from the courts (see below). There's still no actual court date, but in the accompanying letter it says "It is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise."

 

 

 

Their defence:

 

1. The Particulars of Claim do not provide details or particulars of the account 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 the Claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

[ I went through MCOL... there was a character limit and I simply didn't have room to include the exact charges! Anyway, I used a template exactly as shown by Martin Lewis at MoneySavingExpert ]

 

2. The Particulars of the 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 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 limitaion) the following terms and conditions (which are summarised):

a. The Defendant's right to charge a "paid referrel 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 administative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c. 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 (including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised limit).

 

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 limits and/or failure to arrange an authorised overdraft constituted a breach of the 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 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 Claimant incurred the overdraft.

 

6. Accordingly, it is denied that the legal principles relating to liquidated damage 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.

 

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

 

8. If and to the extent the Claimant incurred charges on the 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 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 was entitled to debit the same.

 

10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.

 

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 of unenforceable as alleged by the Claimant or at all, and the charges were a consequnce of the breach of contract by the Claimant, the Defendant has nontheless 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 above, it will seek to recover to the extent necessary such loss and damage as it actualy suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seekls to set off such sums against any liability owed hereunder to the Claimant.

Barclays Bank PLC.

[livelylad]

As trucker says call this number, she is rather polite just ask her to settle you may be surprised.

Krysta Campbell is now dealing with many of the advanced staged claims.Direct dial;02071164753 Fax 01452 638359 Krysta.campbell@barclays. com