Darftblerk Vs Barclays Bank

[darftblerk]

Hi all,

 

I've just started the process of reclaiming my charges against Barclays Bank (amongst others). Over the past 11 years (since I opened the account at 18 years old), I've been charged £20 for unpaid outs, paid referrals etc. This has placed me in a position whereby the bank has closed my account and chasing me for an overdraft of nearly £2000.

 

I started the process 2 weeks ago, with an SAR to Barclays and Barclaycard. Barclays were very prompt nad returned 2 envelopes containing my entire banking transaction history.

 

I've plugged them into the spreadsheet downloaded from here and the total to claim is £2023.69, which is more than my overdraft! and has made me hopping mad to say the least.

 

Over the past 11 years I have suffered badly due to debt, default notices have been placed against me and I've just spiralled deeper into debt with the banks, I now realise I'm not alone and that what they have done is unfair. I'm afraid to say that my physical health and mental health has suffered as a direct result of these debts.

 

It's only since the recent publicity that I've becoe aware of the illegality of what they have done to me, and now that I'm in a better financial position to be able to afford to issue court proceedings, I've started the process.

 

I have the Prelim request letter going out today (recorded), and hopefully will get a positive response, I've also sent a seperate letter requesting my Barlcays Additions charges back (totalling nearly £700), as I never agreed to this account and never signed anything.

 

Further to this, I'll be requesting any defaults place on my credit record to be removed (this has actually protected me), if it wasn't for the defaults I would have taken out a loan and spiralled into more debt.

 

All I can say to Barclays now: "Bring it on..."

[MARTIN3030]

Welcome to the site.

As you will know Business claims are outside the OFT litigation.

Be sure to get your POCS correct.

There are some interesting things here regarding the limitation Barclays will refuse to consider outside the 6 year period so you will need to read up.As regards your wishes to tackle the defaults-you should include this within your particulars of claim when its filed.

Feel free to ask if you need further help.

[slick132]

Hi DB - glad to see you've started your own thread.

 

Can you confirm if the £2,023 chgs you want back is over the 11 years or just the last 6 years.

 

You should read Martin's thread here on the Barclays forum as he's reclaiming chgs outside the "normal" 6 years.

 

When did Barclays close your a/c and have chgs and/or interest been added since closure.

[darftblerk]

The charges are back to 1997, when I opened the account. I've also gone back this far for 'additions' fees, although I have addressed this issue to the customer services department in the first instance, and am treating it as a completely separate thread or action.

 

As far as I am concerned, the debt I have with Barclays is wholly made up of unfair charges and can be shown via the spreadsheet. Therefore if they cancel the debt I have I will be happy. I will then pursue them under data protection to remove the defaults on the account.

 

The account was closed in oct 05 and referred to a DCA. Since then I have been paying monthly installments to keep them from the door until I learned of the unfair charges regime.

 

Sorry if I'm being thick, but what is POCS an abbreviation of???

[saintly_1]

POC = Particulars of Claim

[darftblerk]

POC = Particulars of Claim

 

Thanks, I was being thick:D

 

The POC's cover the 11 year period, including the contractual interest (template adapted form the library).

 

I have sent a second letter (both letters recorded delivery), asking them to consider refunding the £690 in account fees.

 

I'll keep posting when I get a response or it gets to the LBA stage.

[slick132]

POC = Particulars of Claim (which you File at court with your Claim)

 

SOC = Schedule of Charges (the list you print off and send with your claim which details all the unlawful penalty chgs the banks has made)

 

Have a read of the Reclaim Chgs Guide in Link #1 in my signature. You need to know exactly what you're doing, especially if you want to reclaim beyond the normal 6 years.

[darftblerk]

Thanks Slick123.

 

I have loitered with intent on this forum for a while now, reading every availble piece of information there is.

 

I've been through the small claims procedure before as a claimant, and therefore am not shy with regards to cort proceedings. My sister also happens to be a solicitor:D

 

The one overiding factor that I have to keep in mind throughout all of this is:

 

"Barclays are going to be fighting a man who has nothing to lose".

 

They've taken pretty much everything I have, so there is nothing left for them to come after.

 

Once I've dispensed with Barclays, I'll be after RBS, Halifax and MBNA, bt that's another thread

[darftblerk]

One extra question:

 

Since my account has been closed, I have moved address (the bank has my parents address). For ease so far, I have made the SAR requests from my old address (the one the banks have), there boing no time limit at this stage it seemed more appropritate thatn giving the data controller an excuse to question my identity.

 

However, when I get to SCC procedures, I'd like all correspondence to go to my current address that is local to Bristol County Court, as this would ensure that no delays were encountered with forwarding of post etc.

 

Would this cause any problems for me regarding identity, would the bank refute my claim on the fact that my address had changed? Any suggestions on solving this?

 

TIA:-D

[dar£n]

Hello guys,

whats been happening while ive been away..lol [apart from the obvious]

[saintly_1]

db ...... many people have moved during the process of making a claim. It shouldnt have any bearing on it at all

 

 

 

saint

[darftblerk]

Sent a LBA today:

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 25th March 2008.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £1670.00 plus £353.29 which you have charged me in overdraft interest for the sum which you have taken. Total £2023.29.

 

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 25th March 2008.

 

 

You may note from your records that my account is currently in default for payment of outstanding balance. I believe that this entire balance is a direct result of unlawful charges bought against myself by you. I will therefore be drawing this matter to the attention of the court. Please also be aware that once legal proceedings are bought against you this account will be placed into dispute. As you have stated in your previous standardised letter to me, the OFT case is currently ongoing and may take some time to resolve, therefore you will not receive repayment of this balance until such time that a decision is reached by the courts.

 

Additionally you have entered several default notices against my credit record. These defaults occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove these default entries from the register. Please note that mere correction or amendment to the entries will not be acceptable.

 

I require repayment in full of this money and removal of the default notices. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

[darftblerk]

Hi All,

 

I went through the standard process for reclaiming charges. I filed my county court application in Bristol on May 2nd, and have now been waiting for a stay.

 

Received a letter today from the court, Barclays are going to defend my claim in it's entirety! Gulp!

 

What do I do now? I claimed back 11 years, since the account has been open, based on the fact that the amount that Barclays want back from me is based wholey on unfair charges, i.e. I owed then 1900 Sterling, unfair charges amount to just over 2000.

 

Please help, time is now of the essence.

[saintly_1]

Thats standard procedure ....... dont panic

[darftblerk]

Thanks saintly_1, I know, it's easier said than done.

 

However, since the OFT ruling, are the banks more or less willing to contest the charges claims?

 

It all seems to be slightly quiet on the forums lately and I'm assuming that's because everyones case if on stay.

 

I'm going to contest the limitation act straight down the line, by asking Barclays to reveal their charges for my penalties. If they don't then I guess they are still deceiving me?

 

I've been reading frantically through the case libraries and guidence notes, and understand the legal argument for my claim, but am a little unsure about the claim process from here on in.

 

Do I have to get my defense together and send to Barclays now, or wait for further instruction.

 

Going to court is no problem, I have more than enough confindence to stand my ground and argue each point. I'm a quality assurance consultant, so the detail doesn't phase me, just the process

[slick132]

Hi DB,

 

Martin's comment in post #2 mentions Business a/c's.

 

I've read and re-read your thread and can't see mention of yours being a business a/c. Please confirm this is a personal a/c.

 

Business claims are no longer viable, after the initial OFT ruling.

 

You should read up on the issues concerning the older charges you are reclaiming. Statute of Limitations s.32 or summat.

 

Check it out, or shout if you can't find info.

 

I assume you used the Site's Barclays POC's when you filed at court. Don't worry about Barclays defence - as Saintly says, its standard.

 

Please, however, post the 1st 4 points of their defence so we can check them.

[darftblerk]

Hi,

 

This is a personal account, not a business account.

 

I used the POC's from the site, and have submitted a schedule of charges alongside the original CC Claim.

 

My major question now is: What do I do? Do I need to send anything to the court, send paperwork to Barlclays, or wait for Barclays to submit their defense?

 

The court have simply sent me a form N10, stating:

 

"The Defendant filed and Acknowledgment of service on 12 May 2008

 

The defendant responded to the claim inidicating an intention to defend all of the claim."

 

I'm sat here wondering if the clock is ticking and I'm not doing anything.

 

TIA

[Michael Browne]

I'm sat here wondering if the clock is ticking and I'm not doing anything.

That's all you need do. Claim isssued May 2, deemed served (probably) May 7, Barclays need to acknowledge by May 21 (which they have done) and enter a defence by June 4.

[darftblerk]

Cool cool. Thanks. So all I do now is sit and wait?

 

I'm guessing that once Barclays have filed a defense I will get a copy, then I get my case paperwork together and prepare for a court date.

 

As Barclays have defended, can they still apply for a stay at this stage? Or will this now roll forward and end up with a court date?

[saintly_1]

They will defend then proberbly request a stay

[slick132]

Hi DB,

 

This is the legislation which permits a claimant to claim beyond the normal 6 years - s.32 of The Limitation Act 1980 - Limitation Act 1980 (-), acts@swarb.co.uk, David Swarbrick, Solicitor, Wrigley Claydon

[darftblerk]

Received today from Bristol CC.

 

Particulars of defence:

 

To the extent it is alleged that the claimant incurred bank charges on the claimants 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 date thereof.

 

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):

 

The defendants right to charge a "Paid referral fee" where the defendant pays and amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25)

 

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)

 

The defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the authorised borrowing rate on the excess balance.

 

The defendants standard terms and conditions give the claimant a fair and transparent view of those terms and charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorised overdraft limit).

 

If an to the extent it is the claimants 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 claimants account constitutes a liquidated damages clause, the same is denied. The charges constitutes payments the claimant agreed to make by reason of the terms and conditions of the account and were consideration 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.

 

Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further 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, or are in breach of s.4 of the Unfair Contract Terms Act 1977 (or any other provisions).

 

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

 

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

 

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.

 

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 constitute a breach of contract by the defendant, those charges which were applied to the account prior to 2 May 2002 are not recoverable because they are time barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

 

In the alternative, and without prejudice to matters stated 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, and the charges were a consequence of the breach of contract by the claimant, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the defendant is unable to rely on its express entitlement to enfore 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 Claimant.

 

Elizabeth Freeman

Solicitor

 

Barclays Bank PLC

 

Thoughts and suggestions on this one?

[slick132]

Hi DB,

 

Next step should be the AQ after which the case may be Stayed if the OFT case is still unresolved.

 

Are you reading up on the Limitations Act and how it affects your claim.

[darftblerk]

Hi DB,

 

Next step should be the AQ after which the case may be Stayed if the OFT case is still unresolved.

 

Are you reading up on the Limitations Act and how it affects your claim.

 

Yes, i'm going to give it a shot an hope that the limitations act can be thrown out. If Barlcays cannot reveal their charges to me, i.e. how much each 'Paid referral' actually costs them, they are being deceptive?

 

I'll also raise the point that their defence does not state the same T&C's to which I signed. My unfair charges started at £20, not £25 or £30.

 

Any ideas where Iwould gain a copy of the 1996 Barclays T&C's???

[Michael Browne]

Any ideas where Iwould gain a copy of the 1996 Barclays T&C's???

 

See here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956704