Innocent v Barclaycard ***SETTLED IN FULL***

[innocent]

Just to let everyone know... I sent the standard DPA (subject access request) template letter to Barclaycard just over a week ago, and today got a specially delivered DHL delivery 'mound' of paperwork...

Excellent news for me; the charges over last 2 years amount to more than there debt, so I can look forward soon to closing account and having some spare cash....

 

Anyhow... question is this?

 

My account started March 2004, and they have sent me everything from July 2004.... this is not a problem for me (as I do not think I had any charges in first 4 months) however.... for others here...

 

they said

 

"Prior to this time, statements are manually stored on microfilm and do not fall within the data subject access provisions."

 

CORRECT ME IF I AM WRONG: microfilm IS part of a DPA, and they have just admitted a breach of a DPA??

 

 

Anyhow, looking forward to sending my initial letter +8% shortly.... thanks to all so far....

 

Rgds

[blueskies]

Remember that you can't add the 8% until you file a claim with the court.

[Robertxc]

Actually, Microfilm and Microfiche may well not be part of the Data Protection Act. I've had quite a lengthy chat with the Information Commissioner about this. The terms 'Microfiche' and 'Microfilm' are actually a bit misleading, what's important is whether or not they constitute a "relevent filing system". If the microfilms are stored unsorted in cardboard boxes marked "Accounts 1977" etc. then the bank would have a good argument for saying that it is not a relevent filing system because it isn't ordered, and accessing it would involve disproportionate effort. If on the other hand the microfilms are stored in a huge automated data retrieval system and all the have to do is type in an identifier somewhere for a wee robot to go and get it, then it clearly would be covered by the DPA.

 

I must say however, I am deeply sceptical that any large organisation would store this sort of stuff on something as clumsy as microfiche. I mean, the cost must be astronomical! Especially considering that the cost of computer storage has fallen through the floor in the last few years. In the event that my DPA request comes back with any rhubarb about 'microfiche' or 'microfilm' I'll be going to court to get them to prove it!

[innocent]

Hi I ADORE THIS SITE...... isnt is amazing....

 

 

this is my first moneyclaim online situation......sooooooo

 

I am confident that I have done everything correctly up to now (ie... DPA, got info, spreadsheets, various warning letters, and a LPA all with schedules)

 

I did get a £192 refund but only partial so here we go....

 

Under REFERENCE DETAILS I just put "Barclaycard Penalty Charges" is this ok?

 

This was my wording....

 

1.The claimant has an account

4929xxxxxxxxxxxx with the Defendant,opened

June2004; 2.Since 15/6/04 the Defendant

debited charges and interest in respect of

purported breaches of contract; 3.Defendant

is aware of all details as a list of charges

has already been supplied.Another copy will

be sent;

4.Claimant contends:(a)The charges exceed

the Defendant's losses caused by breaches;(b)

The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999,Unfair Contract Terms Act

1977 and at Common Law;

5.Claimant claims:(a)return of the amounts

debited of £220.89;Interest per S.69 County

Courts Act 1984 of 8% - £45.90 continuing at

8% until judgement or settlement at a daily

rate of £0.05;

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; 7.Cost allowed by the Court.

 

Is this ok?

 

Where do I send FURTHER (i have already sent schedules of Barclays) up to date schedules now?

 

Is there someone else at this stage that can keep in contact with me?

 

 

Waiting for encouragement (plssssssssss) and validation from someone before I press the pay button and start proceedings

 

 

BOY, AM I READY AND LOOKING FORWARD TO THESE CASES

 

 

Anyway, thankyou all

 

Cheers Jason

[livelylad]

hi there is a template in the library but yours sounds fine send it and just wait for their response. Use the time to read the notes on MCOL completeion:D

[innocent]

Well.....

 

Here goes

 

Case number 6QZ73048

 

 

Will start compiling my folder for the court case next week, and send FURTHER updated copies of the schedules to Natwest (registered office this time) and MCOL....

 

Anything else I should be doing now before they acknowledge??

 

Cheers all

[Michael Browne]

Case number 6QZ73048

 

You seem to have the same claim no. for Barclays and Natwest!!!

[innocent]

OOOooops,

 

Signature was correct... but not the threads

 

Barclaycard 6QZ73049

 

Natwest 6QZ73048

 

Thanks Michael

[innocent]

Ok........ I think Im up together with everything:

 

THEY ACKNOWLEDGED THE CLAIM 30/10

 

Sent this on 1/11 to MCOL and litagation and disputes dept at Barclays:

 

 

"Innocent"

 

Money Claim Online, 1st November, 2006

Northampton County Court,

21-27 St. Katharine's Street,

Northampton.

NN1 2LH.

 

Re: Innocent vs. Barclaycard (Claim number 6QZ73049)

 

 

Dear Sirs,

 

In fulfilment of my particulars of claim and for reference I enclose a copy of the schedule of charges I am disputing showing all dates, penalty charges, interest on penalties and including interest per S.69 County Courts Act 1984. I have previously sent copies of this schedule direct to NatWest.

 

In addition I enclose an “expanded” version of the ‘Particulars of Claim’ already submitted. I am only enclosing this because of the restrictions of space when filing my claim online.

 

I would appreciate if all of these details could be attached to my claim.

 

Many thanks,

 

Yours faithfully,

 

 

 

I have attached a schedule showing all on the date of the claim

and the explaned POC, but it was clear enough on original

 

 

NOW WAIT AND SEE........

[innocent]

Well,

 

Have I spent hours on this site today.... "phew" but amazing...

 

Received notice of transfer of proceedings to Portsmouth County Court and the defence which Barclays filed on the 16th November, which I will list here...

 

Seems to be virtually identical to so many others that I can find...(apart from the addition of paragraph 10.... is this normal now?)

 

Got an allocation questionnaire too (Small claims track) which I will fill in shortly (deadline is the 5th December)

 

 

Just wondering if there is anything else I should do???

 

Thanks all

 

Innocent

 

Barclays Defence

1. The Particulars of Claim do not provide details of the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), it is admitted that such charges were debited from the Claimants account; however, the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. 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 Defendants 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 Defendants entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

3. The Defendants 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 his authorised overdraft limit).

 

4. 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 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 his account and were considerations 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.

 

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or in breach of either the Unfair Terms in Consumer Contracts Regulations 1999 (particularly but without limitation to, paragraph 1(e) of Schedule 2), or 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).

 

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

 

7. If and to the extent the Claimant incurred charges on his/her account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and / or his failure to make payments to bring the balance of the account back into credit.

 

8. 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. Accordingly, the Claimant is not entitled to a declaration by the Court as to the enforceability of the said charges.

 

9. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded by the Claimant or at all. In the alternative, which is denied, if the said charges amount to sums payable on breach of the contract, it is averred that the charge asserted by the Claimant to have been applied to the account on 13 October 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, pursuant to the Limitation Act 1980.

 

10. In the alternative, and without prejudice to paragraph 6 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, the Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event the Defendant is unable to reply on its express entitlement to enforce the charges as set out at paragraphs 2 to 3 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.

[innocent]

Ok AQ was sent, recorded... by deadline...

 

for the record this was it:

 

SETTLEMENT? No

LOCATION OF HEARING? No (already local)

TRACK? Yes, small claims

WINESSES? 0

EXPERTS? No

HEARING? No (all dates ok)

OTHER INFORMATION?

I do believe that this case will last no longer than one hour.

The defendant in its defence contends that this claim is not suitably particularised and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court for inclusion alongside the claims particulars.

Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceeds their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

FEE? Not applicable as claim less then £1500

SIGNED?

Innocent

[Bookworm]

Ok, now just to sit and wait.

 

Use the time to familiarise yourself with the court bundle in the Library, so that you're all set to respond to judge's directions when you get your court date.

[innocent]

Thankyou Bookworm

 

(well impressed the great "bookworm" has popped into one of my threads... thankyou)

 

Have already printed off the bundle and making some small notes thru out to familiarise....

 

I did wonder whether to use the lloyds interview sound recording in the court-room (if of course it gets that far)? Has is still got relevance to barclays? natwest? etc. And of course, I havent mentioned this on the AQ...?

 

Still, feeling gr8 (particularly if u have browsed my case to date), and you are right to state: focus and familiarise now on the court room...

 

Cheers

 

Innocent

[innocent]

Just an update....

 

Received a letter dated 4th January from Portsmouth County Court

 

I have a preliminary hearing date of the 19th February at 14:30

 

"woohoooo" been a long wait :-|

 

 

Thinking I should now start making a few phone calls to barclays etc to see if they will "fold" yet....

 

What does everyone else think??

 

 

Rgds

 

Innocent

[Fullyskinted]

From what Ive read, Id give it at least another week before you call...

 

Good news tho!

 

My AQ form arrived last week

[innocent]

Thanks for that;

 

Having re read a few threads and listened to your advice I SHALL WAIT

 

 

Cheers again

 

Innocent

[innocent]

Hi all

 

Just phoned up the litigation department 0207 116 1000 and asked to be put through to someone dealing with my case....

 

Ended up speaking to Paddy Dwight 0800 282 390 who was very courteous (as was I) and explained he would pass on my details to the right person and see? if they contacted me back...

 

He explained they had already refunded 195 (actually 192) back in May and I explained as of today there was still and outstanding amount of 306.60.....

 

Erm??? Anything else anyone can suggest I can do???? :idea:

 

 

Innocent

[Guest bong]

hi innocent, as it is a preliminary hearing and they haven't asked you to submit your bundle then I would imagine that it is just a hearing for the judge to give directions, probably because you asked for standard disclosure in your AQ. You could phone the court just to check this with them, they won't mind. I imagine that barclays will try and settle with you before the hearing as they won't want to incur the costs of attending.

[innocent]

Cheers Bong

 

 

Suddenly feel more confident again.....

 

Innocent

[innocent]

ALLOCATION COURT DATE MONDAY!!!!! 19/2/07 14:30

 

 

Hi all..... looks like here we go......

 

Just left a message for Rebecca Connelly on 020 7116 4523... I think this is her number???? hoping for settlement for the hearing

 

 

I really dont want to print off a tree for the hearing.... but what essentials should I take?? Can anyone advise....??

 

 

Is there anything else (last ditch attempt to mediate a settlement to prevent the court wasting its time ) I should do???

 

 

Please advise....

 

I am aware so many people have settled apart from me?

Todays outstanding total balance is £307.94

 

 

 

Regards

 

Innocent

[MR ROB]

Best of luck innocent, I'm well on the way to claiming of Barclays and was planning on paying off my BC before going for them but i might aswell get the ball rolling ASAP.

 

What interest are you claiming? 8% or the contractual 27% ?

 

Rob

[innocent]

I would get the ball rolling Mr Rob.... that take ages to concede the inevitable....

 

Claiming just 8% on this one.... about to start 3 contractual claims....

 

 

Wish I felt more at ease with the hearing....?

 

Any advice anyone??

 

 

 

Innocentn

[Guest bong]

I would say, innocent, that you need to prepare yourself as if it were the full hearing. That way they can't catch you out with anything you're not expecting. So make sure you are fully aware of the legal basis of your claim and go with a full set of notes of anything you might want to refer to.

 

read this thread http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

and anything else in this forum that might be useful http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

Here's hoping they settle before the hearing, but if not all the very best for Monday.

[innocent]

INCREBIDLY useful reply and information "Bong"

 

 

 

Many MANY thanks

 

 

Innocent

 

 

(Will try to contact them tomorrow though, with some of the other numbers given)... "thankyou"

[Guest bong]

Lots of luck!!!