Barclays Defence - arrrggghhhhH!

[emmachantelle]

Hi All,

 

I'm so pleased its not just me having a nightmare with the lovely barclays bank!!

 

I first started my epic claim back in October last year and eventually got my statements after 3 attempts in May!! And actually recieved all three lots of statements together in one envelope - so they had blatently been holding on to them for some reason! Those poor trees!

 

Anyway, I am now at the court stage and wondering what to do next. I have heard from the county court advising me it has been transfered to the small claims court. Before this I received a letter from the original court advising me Barclays had submitted a defence.

 

I am confused at what to do now, as Barclays defence is 11 points long, which basically go, 'we think this, but if that isn't a good enough defense then we think this, and if that isn't a good defence than this'...and so on! Having read it a couple of times and understanding it...I laughed. But am rather worried as everyone else seems to have only had one or two defence statements.

 

There defence is:

 

1. The particulars of the claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the dates thereof. ....etc (if you need more details please ask:-) )

 

2. The particulars of the claim are summary in nature. Therefore the defence is, and they reserve the right to amend their statement n due course if they feel necessary.

 

3. The defendant is entitled to charge the claimant for unauthorised borrowings by erason of its standard t&c's. Std response!

 

(it then summarises these points!)

 

4.The defendants std t&c's give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings.

 

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.

 

6. Accordingly, it is denied that the legal principles relating to liquidted damages clauses and penalty charges are relevant or applicable to the facts set out above.

 

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 teh 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 avered tht 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. in the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 10 may 2001 are not recoverable because they are time-barred under the terms of the limitation act. Bear in mind i have claimed from the date I originally requested the statements - for the charges I had incurred since that period - am I able to claim this?

 

11. In the alternative, and without predjudice to matters stated above, if (which is denied) the said charges and interest or any part are unlawful or unenforceable as alleged by the claimant or at all, and the charges were a consequence of the breach of contrac by the claimant, the defendant has nonetheless suffered loss and damage as consequence of such breach of contract in allowing the account to go into unauthorised overdraft.

 

Wow....thats the end, and if your still with me - help! Most of these points have been summarised so I don't lose you.

 

I am very worried that I have filed the claim incorrectly, as I used the standard claim form found on moneysaving expert. but obviously changing the details to mine.

 

Should I send a letter to Barclays/the court reiterating my claim against the defence? or wait until court?

 

Congratulations to those who have fought the dreaded Barclays and won...enjoy that whiskey!

 

Emma.

[saintly_1]

All you need to send at the moment is a copy of your schedule of charges to Barclays Litigation Dept and to the court ... send them with a covering letter

[fitzos]

This is the exact defence I received, very standard. do what saintly has said and carry on as normal. my case will come to an end in the next 2 weeks so check up on it if you want to see how it goes, fitz vs barclays

[Salesian]

Hi All,

 

I'm so pleased its not just me having a nightmare with the lovely barclays bank!!

 

I first started my epic claim back in October last year and eventually got my statements after 3 attempts in May!! And actually recieved all three lots of statements together in one envelope - so they had blatently been holding on to them for some reason! Those poor trees!

 

Anyway, I am now at the court stage and wondering what to do next. I have heard from the county court advising me it has been transfered to the small claims court. Before this I received a letter from the original court advising me Barclays had submitted a defence.

 

I am confused at what to do now, as Barclays defence is 11 points long, which basically go, 'we think this, but if that isn't a good enough defense then we think this, and if that isn't a good defence than this'...and so on! Having read it a couple of times and understanding it...I laughed. But am rather worried as everyone else seems to have only had one or two defence statements.

 

There defence is:

 

1. The particulars of the claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the dates thereof. ....etc (if you need more details please ask:-) )

 

2. The particulars of the claim are summary in nature. Therefore the defence is, and they reserve the right to amend their statement n due course if they feel necessary.

 

3. The defendant is entitled to charge the claimant for unauthorised borrowings by erason of its standard t&c's. Std response!

 

(it then summarises these points!)

 

4.The defendants std t&c's give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings.

 

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.

 

6. Accordingly, it is denied that the legal principles relating to liquidted damages clauses and penalty charges are relevant or applicable to the facts set out above.

 

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 teh 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 avered tht 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. in the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the defendant, those charges which were applied to the account prior to 10 may 2001 are not recoverable because they are time-barred under the terms of the limitation act. Bear in mind i have claimed from the date I originally requested the statements - for the charges I had incurred since that period - am I able to claim this?

 

11. In the alternative, and without predjudice to matters stated above, if (which is denied) the said charges and interest or any part are unlawful or unenforceable as alleged by the claimant or at all, and the charges were a consequence of the breach of contrac by the claimant, the defendant has nonetheless suffered loss and damage as consequence of such breach of contract in allowing the account to go into unauthorised overdraft.

 

Wow....thats the end, and if your still with me - help! Most of these points have been summarised so I don't lose you.

 

I am very worried that I have filed the claim incorrectly, as I used the standard claim form found on moneysaving expert. but obviously changing the details to mine.

 

Should I send a letter to Barclays/the court reiterating my claim against the defence? or wait until court?

 

Congratulations to those who have fought the dreaded Barclays and won...enjoy that whiskey!

 

Emma.

 

Basically you have to spell out exactly the manner in which the Defendant is in breach of contract, so for example you say "On or about 10 February 2005 and on other dates particularised in Schedule 1 hereof, the defendant imposed a charge aginst my account of £30 and further charges as particularised in the said Schedule 1, contrary to s11 (or whatever - quote Act or Acts), which charges are unlawful and unfair.

[kopstar1965]

Don't worry emmachantelle, as previously stated it's the bog standard response, mine actually ran to 13 points though god knows what the other two covered that 11 didn't. Alot of people started on MSE & then switched over at the court stage cos that sites a bit "lightweight" from then on.

It will be fine.

Andrew