jordash v barclaycard #1 ...... WON

[jordash]

i wrote to barclaycard for the statements for two credit cards on the 8th of january and the 40 day limit for them was last saturday and they still havn't arrived even though i received a letter for each card dated the 2nd of february from a karen thompson saying that they would have my statements to me within the time limit which should've been saturday just gone.

So i thought id give them untill after the weekend just incase they were in the post but nothing turned up today so i thought id give barclaycard a call asking where they were. They said that they never received the letter until the 2nd of february and that they where using that as the date!!!! which confused me a bit, surely it doesnt take a month to open a letter,? and can they change the date to suit themselves? im sure they'd love that if i said sorry i didnt pay my bill but ive only just got it through the post. Shame i cant give them a penalty charge because their happy to give them out to us for being late.

 

Anyway im just kind of wondering what to do now?

[Guest BlueRuby]

First of all, don't let the bank set the date to suit themselves! You keep to the date you specified. If you click on the link below you will find a letter (template 3 I think) that you can use. I'm just about to use template 2, so go ahead and sock it to them!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[s1h]

Did you send it recorded the S.A.R - (Subject Access Request) I mean Jordash? If so don't you have proof that they received it before the 2nd of feb?

[aloofy]

I sent a SAR to barclaycard on 10th Jan I had letter saying they were going to fulfil my request within the 40 days however, i received a letter today saying that there is a delay due to the volume of similar requests. They go on to say thta they have made the Information Comissioner's Office aware of the challenges they are facing. They apologise for the delay and assure me that I will get the statements as soon as they can. They finish the letter by saying 'We regret that we are not able to enter into correspondence with you about this issue'

 

I will be sending the non-compliance letter, I think 40days is a reasonable amount of time to get my statements up on the computer system and print them off!!

[Fullyskinted]

LOL, Ive had similar conversations with CC Co's. I then pull the recorded slips and tell them when it was signed for and (when evailable) who by! That always go down well!

[jordash]

today i finally received my statements through for two credit card accounts with barclaycard, but before i get the ball rolling with the letters, i just wondered was there a different letter to send for when claiming from a credit card than from a current account?

[Didge]

I'm about to post a slightly modified version of the banks prelim, changing the words in the 'My request' section about refused DDs and overdraft limits to 'late payments, exceeding credit limits and so forth...' and in the 'What I require' section, I've just stated the charges plus the interest (i'm going for contractual) and taken out the word 'overdraft'.

HTH and hope it's OK for me too!

[jordash]

yeah thats kinda helped cheers, ill have a little play with them words in my letter aswell.

[jordash]

I have finally received all of my statements from barclaycard (after about three months) and wrote a letter asking for £612 in charges back.

Today i received a letter from them saying that they will refund the difference between what they charged and £12, which works out at about £240.

I want to refuse this offer because its still about £400 short of what i asked for. If i refuse it, i know it'll probably be a long time after till i see it but i can wait.

This is kind of where i am confused because there isnt a set limit on charges with banks so ive gone for everything, but is it different with credit card charges? can they get away with only refunding the difference or shall i still go for the lot like i would like to?

 

Also i am going to be claiming for my second barclaycard but have heard about claiming contractual interest aswell, any chance someone could explain this a little or provide a link so i can read up on it please?

[livelylad]

I have finally received all of my statements from barclaycard (after about three months) and wrote a letter asking for £612 in charges back.

Today i received a letter from them saying that they will refund the difference between what they charged and £12, which works out at about £240.

I want to refuse this offer because its still about £400 short of what i asked for. If i refuse it, i know it'll probably be a long time after till i see it but i can wait.

This is kind of where i am confused because there isnt a set limit on charges with banks so ive gone for everything, but is it different with credit card charges? can they get away with only refunding the difference or shall i still go for the lot like i would like to?

 

Also i am going to be claiming for my second barclaycard but have heard about claiming contractual interest aswell, any chance someone could explain this a little or provide a link so i can read up on it please?

 

You are entitled to the full amount, this link will help.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[jordash]

i have received a copy of the defence from barclaycard and with it a notice to say that the AQ has been dispensed with at my local court. What happens now then?

 

Also follows a copy of their defenc, is it any different to what others have had or is this just a standard defence?

 

their defence:

1. barclaycard is a trading division of barclays bank plc and not a legal entity in its own right.

2.the particulars of claim are summary and do not provide details of the account held with the defendant. Accordingly, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course.

3. to the extent it is alleged that the claimant incurred charges on the claimant's account for unathourised borrowings (whether late payment fees, exceeding overdraft credit limit fees, or any other such fees (the "charges"), the defendant puts the claimant to strict proof of each charge and date thereof.

4. The defendants standard terms and conditions ("terms"), which the claimant accepted upon opening the account, entitle the defendant to debit the charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and/or unathourised borrowing and/or failing to make sufficiant monthly payments to reduce the account balance by the required date).

5.it is the responsability of the account holder to properly monitor the account so as to ensure compliance, for example, with the obligation to make payments by the required date.

6. the terms gave the claimant a fair and transparent view of the obligations and entitlements set out above, including the basis on which the defendant would be entitled to debit the charges from the claimants account.

7. if, and to the extent it is the claimant's case that the failure to make monthly payments and/or failure to remain within the agreed credit limit, constituted a breach of the terms, and that the contractual entitlement to debit the charges from the claimant's account constitutes a liquidated damages clause, the same is denied. The charges applied to the claimants account were payments that the claimant agreed to make upon the events described by reason of the terms. Accordingly, it is the denied that the charges or any charges constitute unfair and/or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the charges, as alleged by the claimant, or at all, and/or that the charges are otherwise unenforceable

8. futher 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, (particularly but without limitation to, paragraph 1(e) of schedule 2), or are in breach of s.4 of the unfair (contracts) terms act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the supply of goods and services act 1982 (or indeed any other provision).

9. further or alternatively, without prjudice to the matters pleaded above, if the claimants failure to make sufficiant account payments by the required date and/or to remain with a pre agreed credit limits constituted a breach of the terms, the defendant avers that the charges were nonetheless valid and enforcable

10.it is further denied that the charges were unlawfully debited from the claimants account. it is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitiled to debit the same.

11. accordingly, it is averrd that the charges are legally enforceable and the defendant was entitled to debit the charge from the claimants account.

12. the defendant denies that it is liable to the claimant for the sums calimed and interest, as pleaded or at all.

13. in the alternative, and without prejudice to matters stated above, if (which is denied) the said charges 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 consequenceof such breach of contract by failing to make monthly payments and/or failing to remain within the agreeed credit limit. 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 reover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the valueof the said charges, and the defendant seeks to set off such sums against any liabilty owed hereunder to the claimant.

[troodles]

Hi three. exactly same stage as i am, see troodles below your thread. No idea what to do now and no replies to my query as yet. i think its in your interest to try to get hold of t& cs, but i havent got them as yet. Totally lost at the moment so at least were in the same boat, (without a paddle!!!)

[jordash]

i see yeah, its thrown me a little because where i claimed before against barclays i had to complete an AQ and this time i dont. do i now just wait for a court date?

and secondly it was against their bank last time not barclaycard so im just wondering if this is a standard defence that has been entered

[estela]

Hi

I received the same for Barclays Bank but last week I received a order from the Court to submit the list of charges before the 7/6 if not the claim will be strike out so I deliver in hand to the courts the list of charges again and recorded delivery to the solicitors . The receptionist at the Court asked somebody there and they told me that in 5 days I will get a court date. So you can send them again the list of charges as if you look at the beginning of the defence they state that the particulars of claim "do not provide particulars of the precise charges alleged" etc etc. and also to the Solicitors so you dont have to wait again.

I will be doing the same for Barclaycard.

[bowland]

I am at exactly the same point barclays have put in a defence today ? Help!!!!!!!!!!!!

[emmanuel159]

its been driving me mad.

[tonycee]

Thats exactly what they want

To drive you mad enough to the point where you give up:-x

 

Dont whatever you do....

Send your list of charges and wait for date....Dispensing of the AQ seems nothing to worry about...Keep asking your questions and somebody more knowledgeable than me will be along soon to answer your question about

Barclays/Barclaycard

[bowland]

Thanks for your support everyone, I will keep updating not received anything yet from court do I just wait or send my list of charges when they send me the court location ??

[emma81]

Def wait for the court date i had exactly the same letter i just ignored it as it was all a load of rubbish to me just a waste of paper, then just as i was going to contact the courts i had a letter from them saying they will proceed with the court proceedings im yet to recieve a date but fingers crossed it will go in my favour!

[bowland]

Thanks emma will you let me know how you go on !!!!! Good Luck

[emmanuel159]

Thats exactly what they want

To drive you mad enough to the point where you give up:-x

 

Dont whatever you do....

Send your list of charges and wait for date....Dispensing of the AQ seems nothing to worry about...Keep asking your questions and somebody more knowledgeable than me will be along soon to answer your question about

Barclays/Barclaycard

 

Thanks for that. I will send a list of charges asap. The bank already has the charges from the initial letters i sent them, requesting refunds. More fool me for expecting them to give copies to their solicitors. Should i send charges to the court as well, even though they havent requested them ?

Will keep all informed, in mean time any news/tips would be helpful.

8) head now.

[tonycee]

Hi emmanuel 159 It would be good if you could start your own thread...

emmanuel 159 V Barclays...Or as you choose..

Tell us what stage you are at and you questions will be answered much quicker and clearer as they wont be confused with other threads...

Good luck.. Everybody is behind you..

[capnshades]

Hi guys, I have too received a defence from Barclaycard with exactly the same standard wording. I was wondering, do we follow the procedure where although the AQ is dispensed, we actually send in the Draft Order for Allocation Questionnaires (bankfodder's post)???

I have set up my own thread but want same answers as you guys. Good luck all.

[jordash]

following my letter from the courts last week saying that the aq should be dispensed with, i received another letter today, this time from my local court and to my surprise there was an AQ in the envelope for which i have taken to the court this morning.

has anyone else a letter saying that the AQ should be dispensed with and then later received one through the post??

 

Also is the defence that barclaycard entered standard for eveyone? i only ask because point 1 has got me a little worried that i have put the wrong name on the claim. can someone clear this up for me as i am to submit a different claim for another barclaycard i hold and wouldnt want to file it incorrectly.

[jordash]

bump.