mrs k v clydesdale financial services *** WON! ***

[mrskaz]

Where do i start?! I sent off my DPA request and recieved my statements pretty quickly, I worked out that they had taken £625 (I did'nt ask for any interest) worth of charges from me so I sent off my prelim letter, there was no response at all to the prelim so off went the LBA. I got a reply to the LBA saying they had credited £325 back into my account (as a GWG) but they were right to charge me, they could prove their costs in court if need be and that I would not get any more charges back, so I filed a MCOL against them, they waited until the last day to acknowledge and then they waited until the last day to enter a defence. This is where I am up to as of today, I recieved a letter telling me that the claim had been transferred to my local county court and that the allocation has been dispensed with. This is their defence:

 

1: Clydesdale 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 or particulars of the charges alleged to have been unlawful. 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 claiment incurred charges on the claiment's account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "charges"), the Defendant puts the Claiment to strict proof of each charge and the date thereof.

 

4: The Defendant's standard terms and conditions ("Terms"), which the Claiment accepted upon opening the account, entitle the Defendant to debit the charges from customer accounts upon certain events (including, but not limited to, exceedingaccount credit limits and/or unauthorised borrowing and/or failing to make sufficient monthly payments to reduce the account balance by the required date).

 

5: It is the responsibility of the account holder to properly moniter the account so as to ensure compliance, for example, with the obligation to make payments by the required date.

 

6: The Terms gave the Claiment 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 claiments account.

 

7: If, and to the extent it is the Claimentscase that failure to make monthly payments and/or failure to remain within the agreed credit limit, constituted a breech of the terms, and that the contractual entitlement to debit the charges from the claiments account constitutes a liquidated damages clause, the same is denied. The charges applied to the Claiment's account were payments that the Claiment agreed to make upon the events described as above by reason of the Terms. Accordingly, it is denied that the charges or any such charges consitue 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 Claiment, or at all, and/or that the charges are otherwise unenforceable.

 

8: Further or alternatively it is denied that any such charges consitute 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.

 

9: Further or alternatively, without prejudice to the matters pleaded above, if the Claiment's failure to make sufficient account payments by the required date and/or to remain within the pre-agreed credit limits consituted a breach of the Terms, the Defendant avers that the charges were nonetheless valid and enforceable.

 

10: It is further denied that the charges were unlawfully debited from the claiments account. 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.

 

11: Accordingly, it is averred that the charges are legally enforceable and the defendant was entitled to debit the charge from the Claiment's account.

 

12: The Defendant denies that it is liable to the Claiment for the sums claimed 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 unenforcable as alleged by the Claiment or at all, and the charges were a consequence of the breach of the contract by the Claiment, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract by failing to make monthly payments and/or failing to remain within the agreed 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 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 Claiment.

 

So, what do I do now? I'm guessing I now have to wait for a court date and any further directions from my local court? I also rang up Clydesdale last week and asked them to send me a copy of the Terms and Conditions from when I opened my account with them, they said fine and that it would take about 3 days...its now been a week and nothing!

 

I would be really grateful if anbody has any advice to offer me.

 

Mrs k

 

(p.s I'm not sure if I've posted this i the right place-Clydesdale Financial Services don't seem to have their own place on here but I've since found its actually Barclays who I'm dealing with!!)

[steven4064]

Mrs K

 

As you claiomed via MCOL, it is probably wise to send a (further) copy of your schedule to Clydesdale quoting the case number. If there is a solicitors name on anything you have been sent, then send them a copy with ashort covering note too.

 

Evreything else you can ignore for now and probably ignore full stop.

 

The court hase said that the AQ has been dispensed with so write to the court using the template and draft order for directions you can find here

 

Steven

 

If this post is helpful, please click the scales

[mrskaz]

Thanks so much for that Steven. I've posted off my letters this am and will update as soon as I know anything else. Thanks for the help it's much appreciated!

[mrskaz]

Just a quick update-my court date was today. Clydesdale didnt turn up and I won the case!!!! Am off to open a bottle now:-)

 

mrs k

[steven4064]

Wey Hey!

 

CONGRATULATIONS

 

I'll get a 'WON' added