Barclays put up a defence - I will not break!!

[DRE2076]

Hi all,

 

I'm a new one!

 

I'd just like to say that I didn't come here first to the CAG, I just took on the bank from the information from the money saving website.

 

The bank in question = Barclays

Amount of charges for being overdrawn etc = £2905

Action started = Letter sent to request charges Jan 2007

 

I started off asking for the bank charges back and after about a month received a reply offering £1000 settlement.

 

I refused the amount - that offer was purely offensive!

 

I sent another letter refusing the offer and re-requesting the bank charges.

 

2nd offer of £2000 made by bank. This was more reasonable but it was almost £1k less than the total amount so I refused the 2nd offer.

 

Sent two letters requesting bank charges or I’ll escalate to court proceedings.

 

No reply after over a month. Maybe waited too long?

 

I sent recorded delivery letter restating request.

 

No reply!!

 

On telephone call was told that no letter was received although royal mail had confirmation that the letter was signed for.

 

Proceeded to claim £2905 bank charges, £700 interest and court fees of £120 totalling £3800 through moneyclaim.gov website.

 

They acknowledged the claim and then have made a defence.

 

I am waiting for the details to come through.

 

I’m preparing as much as I can with the aid of this site to the money back!!

Any advice is definately welcome!!

 

Good luck all!!

[MoneyKing]

Good luck, you seem to be on track.

 

Just one question did you get the particulars of Claim (the information you put on oyur court claim) come from this site?

 

If not could you please post these. It is very important that this stage was done correctly.

[DRE2076]

i got the court claim details from moneysavingexpert.com and changed the details for the bank particulars etc!

[Trucker]

Don't be surprised if you are asked to resubmit your POC's..

[DRE2076]

i've seen this post for an amended POC, do you think its enough or needs more information?

 

AMENDED PARTICULARS OF CLAIM

Claim Number:

Claimant (including ref.):

Defendant (including ref.):

Date:

1. The Claimant had an account (insert account number) with the Defendant which was opened around September 1998 and closed around October 2004.

2. During the period (put in the dates of the claim period) which the Account was operating the Defendant debited numerous charges to the Account in respect of Total Charges when debit balalnce exceeded specified overdraft limit, Recall S/O - D/D, when cheque/direct debit payment was returned because the overdraft limit had been exceeded. This purported a breach of contract on the part of the Claimant and therefore was also charged interest on the charges once they had been applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £1002 and any interest charged thereon amounting to £xxx.xx;

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 25th August 2001 to 2nd March 2007 of £286.90 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.021%.

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

I am the claimant - I believe that the facts stated in this claim form are true.

 

Signed: ______________________ Date: _____________________

Claimant

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[oneofakind]

CAG version worked for me!

 

[tezl]

CAG version worked for me!

 

hi,what was point 1 of barclays defence. thanks

[saintly_1]

Tez sending your soc's will be fine ..... honest would i lie to you ?

[tezl]

Tez sending your soc's will be fine ..... honest would i lie to you ?

i know you would not,but seeds of dought growing like mad,when you read different advice.did you read jenns thread?i am wearing barclays defence out,its been in and out of its envelope so many times.

[saintly_1]

Tez answered on your thread

[oneofakind]

what was point 1 of barclays defence. thanks

Bog standard.

'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.'

 

In other words, 'Show us your statements.' since Barclays have kindly supplied them, no problem!

 

[DRE2076]

update- Barclays defence:

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

 

these are the defence points!

apart from resubmitting the POC's and bank charges with the questionaire when it arrives should i be doing anything else or be careful in anyway??

 

any help welcome!!

[DRE2076]

a questionaire will be sent to me be as per the 'dispensed' on the defence details or do i have to print one off?

[saintly_1]

What is the exact wording of point 1 .... have you actually been told that the questionaire is to follow ?

[DRE2076]

on the court cover letter (from the moneyclaim website) it states-

'it is ordered that -

1, the filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.'

 

point 1 of the bank defence goes on about the POC do not provide details of the precise charges etc

[saintly_1]

ok all you need send B's in relation to point 1 is a schedule of charges

 

The AQ depends on whether your court requires one

[DRE2076]

cheers 'saintly 1'

i'll wait to see if i get sent one!

 

on the points where B's says the charges are lawful and under the T&C's, if it does goes to court and the judge were to question me then my arguement would be to rattle off the OFT and other sources that state the charges are too much yeah?

 

sorry for stupid question, just want to be certain!!!

[saintly_1]

the argument is that the charges are a penalty for a breach of contract what makes them unlawful are that the cost to you is disproportional to what it costs the bank to administer the breach

[DRE2076]

as i stated the claim via letter last year in 2006, i made a claim for charges back to 2000, can you only claim for charges after 2001?

 

and can i claim for any charges up to date if any as its been so long since the claim started?

 

yet again, another simple question sorry!

[saintly_1]

I wouldnt worry about the charges that are outside the 6 years ... B's will pay them at settlement

[oneofakind]

Absolutely standard defence. All you need to do is hold your nerve.

As Saintly (Gawd bless 'er) rightly says, Barclays will pay settle your 6+yrs charges with the rest. They did it for me last week.

 

[DRE2076]

Does the recent news regarding the OFT taking the banks to court over bank charges mean that banks and court dates be delayed?

 

I thought the OFT started that in MAr 07 and we wont hear anything till end of year!

[DRE2076]

received a letter today from Barclay’s stating that they believe their charges are legal and that as they and other banks are in court with the OFT state that they will petition for a stay until the OFT case has been resolved!

Am i right in thinking that this is more scare tactics from Barclays? And if it goes to court then it goes to court!

[saintly_1]

Its their latest 'standard letter' to all who have a claim against them .....We all seem to be getting them