SamaraSea v Barclays x 3 FINALLY!!!

[welshcakes]

Of course, I've added you to Buddy list so PM is fine.

 

Regards a footnote on the SOC, as the court hasn't had one yet, this isn't really necessary - the £235 doesn't exist as part of the claim so you don't need to explain it's absence. The interest charges do exist and they are self evident from the statements.

 

You don't even need to send an updated SOC to Barclays as the court will be sending them a copy anyway. Only if you altered it AFTER filing a claim would you need to provide updated copies.

[SamaraSea]

Thanks welshcakes, thats great

 

Naturally the SOC spread sheet I am using has the formula. SO I have typed it in manually in a fresh sheet without a formula, have kept the 3 earliest charges and deleted the rest as it leaves £75 and kept the interest charge for all charges in the right column. Is that right??? Does look strange though! I have kept the original so I can ensure I track the interest for when I need it later on in the process..

 

Thanks Sam

[SamaraSea]

Hi welshcakes,

 

I have set PM of the DRAFT N1 form across to you.

 

Thanks again

 

Sam

[welshcakes]

... and have just sent PM reply with re-worked N1 Draft

 

In respect of your SOC, it sounds fine but if you want to email your draft Additions SOC to me just to check the layout, I'll send you my private email address so you can attach it.

[SamaraSea]

You are a star welshcakes..

 

Just PM'd you back and if you need further clarification re the SOC I am happy to get it across to you.

 

Many Thanks

 

Sam

[SamaraSea]

Hi all,

 

Sorry for not being in touch but my back hasn't been great since my Nerve Root Block.

 

Anyway, just wanted to let you know that I finally stumbled into Court last Friday and filed my claim against Barclays for the 3 accounts .

 

A huge thank you to welshcakes, who has been an absolute star in guiding, supporting and putting up with me in getting the N1 form and the SOC's together. I couldn't have done it without you, thanks again and it is really appreciated.

 

Just a waiting game now and I am going to start on the credit cards now with the intention of enjoying the experience of filing the claim as the last one is somewhat of a blurr!!!

 

Watch this space

 

Sam

[SamaraSea]

Hi just to update you all.

 

Well it is almost 2 weeks since I filled my claim against Barclays and I have yet to hear anything from the courts.

 

I am assuming that as it will be 2 weeks tomorrow since I filled the claim that I should have heard if Barclays have done anything???

 

Any thoughton what I shold do if I have not heard anything by tomorrow?

 

Thanks

 

Sam

[saintly_1]

My claim was issued on the 23rd July and was deemed served on the 26th July. They have untill the 9th Aug to respond ........ so if its only just 2 weeks since you filed they would have another couple of days .

 

Have you not received the notice of issue from the court ?

[SamaraSea]

Hi saintly 1,

 

Yes did get Notice and just remembered that they have till the 6th August to reply.

 

Claim issued on the 20th July

Served 22nd July

 

So 4 more days.

 

Thanks

 

Sam

[SamaraSea]

Hi,

 

Just another update.

 

Had not heard anything from the court the last few days so gave them a ring this avo and was told that Barclays have filed an acknowledgement of service. So the count down begins again from 28 days when they filed...

 

I am still waiting for my op date which is likely to be at the end of August or beginning or Sept and I am wondering if I should start getting docs together (court bundle or allocation questionnaire) now rather than having a mad rush and panic nearer the time and my going into hospital??

 

Any thoughts would be gratefuly received.

 

Many thanks

 

Sam

[SamaraSea]

I am now beginning to wonde if I should have waited till after my surgery now to have filed the claim??? Have the same thoughts with my Barclays x 2 and Capital one claims too, but in their last correspondance they stated if we do not hear from you within 8 weeks we will deem your file closed..

 

Any thoughts???? or should I jus go for it now and when a court date appears then ask for a delay due to my circumstances???

 

Many thanks

Sam

[tonycee]

I am now beginning to wonder

 

He he. I bet that hurt..

HI SAM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

 

Heres the general feeling.

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

[SamaraSea]

Laughing, what can I say ................... the new image I must say suits you!!! lol

 

I am not too worried at this stage about the stays and think under the circumstances it may go in my favour.

 

Any thought on whether I should get going on the ole paperwork oh secret advisor tonycee (post 59/60 me thinks).

 

Ta

Sam:p

[tonycee]

I think you should submit court claims ASAP. The limitations act ( 6 years ) could lose you lots. If you submit tomorrow you can claim back to 9th Aug 2001, if you leave it 3,4,5 months, thats how much charges/interest you will lose.

 

 

[SamaraSea]

My thoughts exactly. The only one that it will really muddle with is one card but thats another story for another thread.

 

I will get on the case tomorrow.

 

Ahh thanks for the image, I wish I could stand that straight!!! no thanks to a nerve root block. Oh well these things are send to try us eh!!!

 

How are your claims going??? Going to pop in myself to have a look myself.

 

Sam

[SamaraSea]

Hi all,

 

Just an update,

 

Well it is day 28 since Barclays were deemed served and are required to have put a defence in by today. I am secretly hoping that they have forgotten, but I am not that lucky!!!

 

I am going to have to wait to contact the court on Monday to check if they have actually filled a defence.

 

I am also going to check with the court to see if they are still allowing the banks to stay claims. Would be good just for info as I am aware that others have fed back this information too.

 

Many thanks

 

Sam

[SamaraSea]

Hi All,

 

Hope you had a fab Bank Holiday weekend?

 

Just an update really and I will definately be needing some advice.

 

Unfortunately Barclays did remember to submit a defence which arrive on Saturday, along with an Allocation Questionnaire!

 

The note from the Court states, that the defendant has filed a defence, a copy enclosed with this notice. An allocation questionnaire is also enclosed which contains notes for guidance on how to complete it.

 

You must complete the allocation questionnaire on or before 7th September 2007 and return it to the court office etc etc.

 

Apologies in advance as I will type up the very long post inc the defence, so you can see what they have written There are 12 points in total, but point 3 has 3 additional points to it.

 

Re the Allocation Questionnaire, any advice will be gratefully received. I have some links that I have bookmarked re AQ but I am sure from having a quick skim through that I will have a few Q's of my own.

 

Many thanks

 

Sam:p

[SamaraSea]

Hi,

 

As promised here is Barclays Defence..... Any thoughts??? Anything I need to do????

 

Thanks Sam:p

 

• 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 charges 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 case.
  
• The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard 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 - £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 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).

• 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 authorise 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 damage 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 debited from the account.

• 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.

• 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 for or at all. In the alternative if (which is denied) the said charges were unenforceable and constituted a breach of contract by the Defendant, those charges which were applied to the account prior to 20th July 2001 are not recoverable because they are time-barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

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

• 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 a 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 t 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.

Statement of truth …………………………………………..

Rosemary Treves Brown

Solicitor

[tonycee]

Any thoughts??

 

Hi Sam . . At least you didnt get an Automatic Stay letter.

Will leave your questions for " the experts ".

[SamaraSea]

Thanks Tony,

 

All help gratefully received.

 

I did receive a letter re the Stays which came after my receiving the defence papers. They obviously forgot to send it to me.

 

However, when I spoke to the court today they make it very clear that they do not intend to stay any cases!!!!!

 

All good in my book!!!

 

Sam:p

[slick132]

Samsara,

 

Posts #2 & 3 here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html - should help with your AQ and the Draft Directions which should accompany it.

 

Slick

[SamaraSea]

Thanks Slick,

 

Although all Ireceived from the court was:

 

Notice that a Defence has been filed

Copy of the filed defence

AQ to be completed by 7/9/07

 

I did not receive any Draft Directions. Should I have? if so I better get on the blower in the morning..

 

Many thanks

 

Sam:p

[SamaraSea]

God am I having a very blonde moment or what!!!!

 

Sorry Slick!!! Taking my pills and going to my pit! Making sure I will wake up with the right coloured wig on and ease back on the meds!!!

 

Thanks for the link, very helpful.

 

Sam

[SamaraSea]

Hi all,

 

Draft Directions complete, but I have a couple of questions (silly I know) relating to the AQ (150).

 

Re location of Trial - The court that I have filed the claim is actually in my neighbouring county and a shorter distance to walk to. I filed it there as my County Court is further away in distance and from where I would have to park further to walk to the court. Sounds daft but when you have a knackered back it kinda makes a difference. I am having back surgery in under 3 weeks and would still like to have the case heard at the court I filed it at. Would my excuse be justified as I feel they may move it to the court in my county which would not make me a happy bunny. Also the court I filed at are not staying cases, whereas the one in my county are, which is also a bonus (Not that I would put that in the form!!!)

 

RE - What amount of the claim is in dispute - I know it is the actual charges and interest only that you put in here, but is it the amount when I filed in court or the amount to date?

 

Re - Trial or final hearing - You have to state any days that you would be unable to atted - As you know I am having back surgery in just under 3 weeks and would be recouperating for 2-3 months. Should I leave this section blank and just wait for the court date and then tell them I would not be able to attend (and that I should have ticked the box, slap on hand) or should I say I cannot attend the months of XX,XX & XX

 

Help much appreciated.

 

Many thanks

 

Sam:p

[Blossomandebony]

Hi, SamaraSea,

 

I wouldn't worry too much about filling in the AQ - just answer honestly and as best you can. The point is, Barclays / Barclaycard WILL NOT defend this case but they insist on entering standard defences with no intention of actually defending themselves. I know because I've made two successful claims, against Barclays for £3000 and Barclaycard for £1600. I followed your route and had court dates for both claims, had prepared myself well and was looking forward to my day in court.

 

A few weeks before the first court date I decided to check if Barclays were actually serious about turning up - their response was eye opening.

 

More or less there and then they looked up my claim number, saw the court date was pretty soon and offered full settlement! The same happened for the Barclaycard claim; as soon as I rang up they said, 'When's the court hearing? Oh, that leaves us with two weeks. We'll sort out a cheque as soon as possible'!!!

 

I got the feeling that they were so snowed under with court dates and incoming claims and will settle all claims which have got a court date with no qualms whatsoever. Even more amazing, I had estimated most of the charges on my Barclaycard claim, (2000 - 2004) as they did not send me a full quota of statements and the figure I claimed as interest was calculated very vaguely. This did not make any diference - whatever I claimed they were prepared to pay out.

 

The point is, they WILL PAY in full, so remember that as you struggle through the AQ and worry about attending court.

 

When you get a court date, send me a message and I'll send you the phone number I used for their so called litigation department, the nice people who will send out your cheque with no messing around.

 

good luck