Barclays magic

[wizardrenlim]

Hi Guys,

I started off using moneysavingexpert site. Was adevised to come here.

I have gone through the first steps and got to the position where Barclays have issued the following defence. I am not sure what to do next or where to get advice. Can any one help? I am claiming around £2500 including interest.

Kind regards

Wiz

Defence

• 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 the Claimant’s account for unauthorized 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.
  
• 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.
  
• The Defendant is entitled to charge the Claimant for unauthorized 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 which are summarized)
  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’ right to charge an administrative 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.
  
• The Defendant’s standard terms and conditions give the Claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings ( including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit).
  
• 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 liquid 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.
  
• 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
  
• Therefore it is denied that the charges were unlawfully debit from the account.
  
• If and to the extent the Claimant incurred charge 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 payment to bring the balance of the account back into credit.
  
• 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.
  
• The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all.
  
• 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 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 above, it will seek to recover t 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. Barclays Bank PLC

[Bookworm]

Totally standard defence, in fact word for word the one I got the other day, except that they also mentioned statute-barred on mine. (surprisingly so, since the charges I am claiming are from June 2006! )

 

Best thing to do is read the Step-by-step, and then spend some time reading the successes threads in the Barclays forum, you will soon see a pattern developing.

 

The more you read, the more you'll see how Barclays work, and you'll get more familiar with their tactics.

 

Get a thread started in the Barclays forum, and from now on, keep your updates and queries on that one thread, it will help you (and us) keep track of your progress.

 

For all that they delay for as long as they can, Barclays are IMO fairly easy to deal with. So settle for the long haul, and read, read, read.

[wizardrenlim]

Thank you

[juliespinks]

hi bookworm,

I have a court date with barclays on the 6th june and my court bundle has to be with the court and barclays by wednesday so have a long night ahead of me.

do i send all the six years statement or just the statemnts with charges on .

 

 

any help would be appreciated

 

 

julie