Glensorie vs Barclays

[dar£n]

Glen, Nikki is a star, she will watch your back for you.

 

 

I said WATCH....not WASH!...lol

[Tipsy0nBacardi]

I don't know Dar£n I've done some back washing in my time lol

[glensorie]

Thanks to you both. It puts my mind at ease knowing I'm being guided along this rocky road by such experienced people as yourselves.

Tried to click your scales Dar£n again but it seems I've got to spread it around a bit more first.

Thanks again.

Glensorie

[dar£n]

no worries Glen, I dont pay any attention to them anymore anyhoo.

[glensorie]

Hi all.

Sent copy of SOCs and covering letter NDSD to Barclays Litigation team and also Emailed all the Litigation team Dar£n's suggested letter (see post#20) also with a copy of SOC's attached.

Time to sit back and wait I suppose unless anybody else has any other ideas on how to speed things along.

Time also to start reading up on AQs etc eh!

 

Cheers

Glensorie.

[glensorie]

Hi all, just a quick update.

Barclays had until 9th July to respond to the Notice of Issue deemed served on 24th June 2007. I haven't heard anything from Barclays or the CC, should I give the Court a ring to see what the score is or hang fire for a couple more days.

Cheers

Glensorie.

[glensorie]

Ah! well, I thought I was going to get away with it,

Just phoned the court and apparently Barclays have filed an acknowledgement which I should receive this week sometime.

Just have to wait for the next step now.

Glensorie.

[glensorie]

Hi all.

Well its been 8 days since Barclays should have replied to the notice of issue. I know the CC have said that Barclays are acknowledging and what with the postal strike and all that I should have heard something by now...do you think? Should I apply for Judgement or ring the CC again or just be a bit more patient??

Cheers

Glensorie.

[saintly_1]

ok from issue you have 5 days to be deemed served ...

then 14 days from service to acknowledgement

then 28 days from service for them to defend

[glensorie]

Hi all.

Just a quick question. I phoned the Court again last week to see what the score was all they could tell me again was that Barclays had Acknowledged the service, should I have received a copy of the Acknowledgement or is this not always the case? Guess I'm just being impatient, waiting is not one of my greatest traits.

 

Cheers

Glensorie.

[Micky the Hippo]

With my Barclays I got a letter from the court telling me that B had acknowledged, perhaps a few days after they had

 

B defended a week after that

 

relax and let the wheels turn

[glensorie]

Thanks for that Micky

Must learn to relax more. One more thing, Notice of Issue Deemed served on 24th June 2007 so I make it they have to submit their Defence by 22nd July 2007...yesterday. I know it was a Sunday but shouldn't I have heard something this morning?

Cheers again

Glensorie.

[Micky the Hippo]

Barclays and especially NW are lazy and late, they might very well be days late with their defence and the court will allow it, add to that the few days for the courts to send you the letter

 

I was on tenterhooks waiting for defences and hoping that they'd miss the deadline

 

Experience says they'll get their defence in more or less on time

 

Relax and start preparing for your AQ in case you get one, no big deal once you've done it, rather like all the previous stages

 

you're well on the way now, if you're going to apply for their defence to be struck out and for draft directions (fairly routine these days I think), there's a bit of reading up to get on top of it, straightforward enough eventually

[glensorie]

Thanks again for the rapid reply Micky.

Time to do a spot more reading up and sorting the AQ out etc if needed.

[Micky the Hippo]

yep, take your time, if and when the AQ arrives, after they've defended, you'll have two weeks to get it back in, there's at least one thread that absolutely leads you through it all by the nose, I did my first one last night after almost no preparation at all

[glensorie]

Hi all again.

 

Well I bided my time and the inevitavble defence came through from the court. Please can you cast an eye on it and advise if I have to respond in any way, I think it's a bog standard one.

 

 

 

 

 

DEFENCE

 

1. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's 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.

 

2. 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.

 

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 limitation) the following terms and conditions (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 cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account -;E35 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 overdraft 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 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 (or indeed any other provision).

 

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

 

8. It is further denied that any such charges unduly enrich the Defendant.

 

9. 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.

 

10. 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.

 

 

 

 

 

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

 

12. 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 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.

 

Barclays Bank PLC

 

STATEMENT OF TRUTH

 

The Defendant believes that the facts stated above are true. I am duly authorised by the Defendant to sign this statement on its behalf.

 

 

 

ROSEMARY TREVES BROWN Solicitor

 

Barclays Bank PLC Dated 20 July 2007

 

 

 

Cheers in advance

 

Glensorie.

[saintly_1]

It looks very standard send them SoC's and perhaps http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html this might be useful

[glensorie]

Cheers Saintly_1. I'll send the the standard Defence 'acknowledgement received' letter plus a copy of my SOCs but is it worth waiting until the Judge allocates before sending in DOfD's. What do you think?

G.

[saintly_1]

depends how long you are waiting to hear from the judge ... the draft order might help the judge to decide

[glensorie]

Hi all. Received Notice of Hearing and a General Form of Judgement which says :-

 

 

Before DISTRICT JUDGE GAUNT sitting at Tameside County Court, Henry Square, Po Box 166, Ashton Under Lyne, Lancashire, OL6 7TP.

 

IT IS ORDERED THAT

 

1.Allocation Questionnaires be dispensed with.

 

2.This matter be allocated to the Small Claims Track.

 

3.This matter be listed for a Preliminary Hearing on Friday 5th October 2007 at 2 pm at Tameside Magistrates and County Court, Henry Square, Ashton u Lyne, Lanes OL6 7TP with an estimated length of hearing of 10 minutes.

 

Dated 24 July 2007

 

 

Having a bit of a panic attack at the moment. Is this anything to be worried about of is it pretty standard stuff? Do I need to do anything in the meantime or take anything with me etc etc.

I haven't sent in the Draft Order yet by the way.

 

Any help would be appreciated.

 

Cheers

 

Glensorie.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have a read here

[glensorie]

Hi all again.

Sorry to keep going on about the same point ie the Draft Order For Directions, but I'm still unsure what to do. The 'Prelim/Directions Hearing' section in http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html suggests taking the DOfD with me, as well as some other material, I could do with someone to tell me, definitively, whether to send it before hand or take it to my Preliminary hearing.

I think I have got too much time on my hands at the moment, always doubting whether I'm doing the right thing.

Yours confused...again.

Glensorie.

[saintly_1]

You only need to take them with you can i aslo suggest that in the light of the OFT test case that you take with you http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[glensorie]

Cheers Saintly

Rapid reply as usual. I'll take the DOfD with me and also the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html as you suggest.

 

Many thanks again.

Glensorie.