Guesty vs Barclays COME ON!!

[rachaelc]

Hey there!!

I have been taking the wonderful advice from this website and have finally decided to act on my partners unfair bank charges, sent the preliminary letter to barclays and got 'Sorry you're not happy, here's £285 of the £735 your claiming to bugger off' so we said 'thank you for the £285, we'll take that for now, but will pursue for the rest, ad if you dont give it 2us, we'll get the interst aswell totla £900!!' sent that letter yesterday, so just waiting 14 days to enter it in to court, then fingers crossed!!

 

(Of course, i didnt actually word the letters like that!!)

 

If all goes well with this then we will start with my OH's credit cards - o what fun!!! Ill keep all posted - and thank you all for your help so far!!

[rachaelc]

Recieved letter from barclays today - 'we are sorry you are not happy with the offer we have made for £285 in full and final settlement - so we'll see you in court'

 

Im guessing this is the standard letter? Do i just do a money claim online now and add the 8% interest?

 

Any advice greatly appreciated!!

[blueskies]

You can do but the better way of doing it would be to pop down to your local court and do it there, then you can enclose a schedule of charges to save any delays. The form to fill in is available as a PDF in the templates section of the library and you can do it on the computer and print it out.

 

Love the paraphrased letter!

[rachaelc]

Well, filled in the moneyclaim online, and papers have been issued - just wondering whats going to happen now really? Whats the route they usually take? We asked for £735 + 8% interest + court fees = £982. Will they back down or defend???? Any advice greatly appreciated!!

[CrispDust]

They'll defend at last minute with a stock defence - one size fits all so you can pick holes in almost every paragraph.

Be sure to send a shedule of charges directly to Barclays legal peeps after they have filed defence.

If they don't file defence in time, go for judgement by default. They will probably apply for setaside but its all part of the fun

[blueskies]

Couldn't have put it better myself.

Barclays defence, well there's less holes in a colinder. They will still push all the way until just before court with it. I'm returning the Allocation Questionnairre on Friday.

[rachaelc]

Checked the claim on line yesterday and it says that Barclays have 'acknowledged the claim - what will happen now?

[rachaelc]

Can anyone please help with the above?

[Rooster-UK]

Standard procedure for Barclays.

The next step is that Barclays will enter a defence, (bless!)

[Dalmatic]

watching this as I'm about to submit DPA

[rachaelc]

Hey all, Have received Barclays defence, and its quite long one – is that normal?1. The particulars of claim are summary and do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. It is averred that the Claimant has failed to identify and state any cause of action against the Defendant o establish any legal liability for the sum claimed.2. Notwithstanding the Claimant’s failure to correctly identify and particularise an account held with the Defendant. It is admitted that he Claimant has an account number ******** sort code ******. However, to the extent it is alleged that the unpaid fees for returned cheques, ‘paid referral fees’ or any such fees, the Defendant puts the Claimant to strict proof of each charge and the date thereof.3. 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 Defendants tight 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 Defendant’s right to charge the administrative fee id 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.4. The Defendants’ standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowing (including where the Claimant exceeds his authorised overdraft limit.)5. If and to the extent it is the Claimants case that the failure to make necessary breach of the terms applying to the account and that contratuctual entitlement to the debit charges from the Claimants account constitutes a liquidated damage 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 consideration for the obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.6. Accordingly it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the fact 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 (particularly but without limitations 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)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 his 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 and/or to bring the account back within the authorised overdraft limit.9. 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.10. The defendant denies that it is liable to the Claimant for the sums claimed and interested as pleased by the Claimant or at all.11. In the alternative, and without prejudice to paragraph 7 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 Claimants breach of contract in that the Defendant is unable to rely on its express entitlement to enforce the charges set out at paragraphs 3 to 5 and 7 above, it will seek to recover to the 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. What do I do now????

 

What do i send to barclays, the court etc?

 

Also have the allocation questionnaire to fill in, do I have to pay any additional costs as one of the question is ‘Have you attached the fee for filing this allocation questionnaire?’ In the notes it states that ‘If you do not pay this fee it might lead to your claim being struck out.

 

HELP PLEASE?

[rachaelc]

Help please!! What do i do now, where do i send what to who!?!?

[rachaelc]

Help please?!?!?!

[robdprince]

Hi Rachael,

 

I'm just behind you waiting for Barclays to file defense (they have until 28/08/06). Anyway, send a list of your charges to Barclays solicitors, like the list you included with you request for repayment. With regard to the AQ, have a read of some of the other threads, there's a couple that detail what needs to be done, there's also some info in the template section I believe.

 

Hope that's some help. Keep going!

[rachaelc]

o dear, just been trying to sort out the original table i used to get the charges plus interest ans cant find it, have been playing round with the number (increasing and deacreasing0 the days since offense but i cant get the numbers to match!! Help!!

[Spotted Dog]

You need to send a list of the charges you are claiming back to both the Court and Barclays solicitors.

There is a comprehensive guide to filling out your AQ in the templates library but here it is:

 

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

 

[EDITED: PLEASE DO NOT POST LIBRARY MATERIAL OUTSIDE THE LIBRARY, IT IS ONLY AVAILABLE TO REGISTERED USERS FOR A REASON]

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

You have to pay the Court an additional £100 (include a cheque with your AQ) if your claim is over £1500

 

Don't panic you have 14days to respond

 

Hope this helps

 

Spotty

[Money4Nothing]

Tried changing the date (as in the system time) to the date that you printed out the spreadsheet...? The spreadsheet calculates using todays date.

 

m4n

[rachaelc]

We have recieved a letter from our local court today for a 'General Form of Judgement or order' it also states 'It is ordered that the claimant has not established the legal basis of his claim and must therefore do so by filing further and better particulars of the claim by 4pm 27th November'

 

WHAT THE HELL DO I DO NOW? HAVE I DONE SOMETHING WRONG IN FILLING THE FORMS OUT?

 

I NEED YOUR HELP!!!

[Bookworm]

Post your particulars of claim here. EXACTLY. OBviously remove account number and identifying markers first. We can't advise you blinly.

[rachaelc]

Hey there here are the particulars, any help greatly appreciated!!!

 

 

 

 

In Respect of:

Amount

Date Incurred

Days since offence

Interest 8% APR

Paid referral fee

£20.00

08/02/2001

2065

£9.09

Paid referral fee

£20.00

12/03/2001

2033

£8.95

Paid referral fee

£20.00

16/05/2002

1603

£7.05

Paid referral fee

£20.00

10/07/2002

1548

£6.81

Paid referral fee

£20.00

08/10/2002

1458

£6.42

Paid referral fee

£20.00

10/10/2002

1456

£6.41

Paid referral fee

£20.00

15/10/2002

1451

£6.38

Paid referral fee

£20.00

31/12/2002

1374

£6.05

Paid referral fee

£20.00

08/01/2003

1366

£6.01

Paid referral fee

£20.00

09/01/2003

1365

£6.01

Paid referral fee

£20.00

13/01/2003

1361

£5.99

Paid referral fee

£20.00

08/05/2003

1246

£5.48

Paid referral fee

£20.00

10/06/2003

1213

£5.34

Paid referral fee

£20.00

19/06/2003

1204

£5.30

Paid referral fee

£20.00

07/07/2003

1186

£5.22

Paid referral fee

£20.00

08/07/2003

1185

£5.21

Paid referral fee

£20.00

09/07/2003

1184

£5.21

Paid referral fee

£20.00

28/08/2003

1134

£4.99

Paid referral fee

£20.00

29/08/2003

1133

£4.99

Paid referral fee

£20.00

04/09/2003

1127

£4.96

Paid referral fee

£25.00

30/09/2003

1101

£6.06

Paid referral fee

£25.00

03/10/2003

1098

£6.04

Unpaid Direct Debit

£30.00

03/10/2003

1098

£7.25

Paid referral fee

£25.00

06/10/2003

1095

£6.02

Paid referral fee

£25.00

07/10/2003

1094

£6.02

Unpaid Direct Debit

£30.00

08/10/2003

1093

£7.21

Paid referral fee

£25.00

04/12/2003

1036

£5.70

Paid referral fee

£25.00

18/10/2004

717

£3.94

Paid referral fee

£25.00

16/05/2005

507

£2.79

Paid referral fee

£25.00

17/05/2005

506

£2.78

Paid referral fee

£25.00

25/05/2005

498

£2.74

Paid referral fee

£25.00

19/12/2005

290

£1.60

Paid referral fee

£25.00

04/01/2006

274

£1.51

£735.00

£181.49

£916.49

[rachaelc]

Guys, i really need help on this one - have not got a Scooby Doo what to do now?!?!?!?!

[victimnomore]

Is that what you put as "Particulars of claim" on your court claim?

[rachaelc]

Yes, thats all, there want room for anything else? What do i have to send to them now?

[victimnomore]

What you seem to have done it seems is to use your "schedule of charges" in place of your "particulars of claim".

 

You now, as I see it from what the court has sent you, need to send them the correct "particulars of claim", which should read something like this;

 

 

 

 

The claimant has had a contract with the defendant (Sort Code XX-XX-XX Account Number XXXXXXXtheir (Sort Code XX-XX-XX Account Number XXXXXXXX) since XXXX which is conducted on their standard terms and conditions. The claimant claims the return of £735.00 levied by the defendant in the way of charges over the last six years. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have failed to do so.

The claimant claims interest under section 69 of the County Courts

Act 1984 at the rate of 8% a year from 08/02/2001 to [insert claim date] of

£181.49 and also interest at the same rate up to the date of

judgment or earlier payment at a daily rate of £0.16.

 

A schedule is attached which lists the disproportionate fees applied

by the defendant during the last six years to the claimants bank

account.

 

 

 

This should be sent, quoting your case number, along with another copy of your schedule, to both the court and the defendant.

 

 

Hope that's the right advice!