Please help us!

[sharmads]

It's Barclays sorry didn't say!!

[victimnomore]

Barclays Bank Plc

1 Churchill Place

London

E14 5hp

[sharmads]

Oh Thanks

[sharmads]

On claim particulars of moneyclaim do you have to put who the claim is between I've looked at the help threads posted and I can't fathom it. It says 'In the anywhere county court' I understand that you don't write that but do I have to know my local county court??

I'm tying myself in knots trying not to make any mistakes, this is hell!

[victimnomore]

The bit that says 'In the anywhere county court' is in the template for the paper claim, not the moneyclaim online, which is it you're filling in?

[victimnomore]

If the online form is stressing you out, I wonder if you might be more comfortable with the paper form. It gives you more space for the "Particulars of Claim" and it's easier to check and re-check before taking it into the court.

[sharmads]

Hi Victimnomore

 

I thought thats the template I was looking at! where can I find the correct one?

[victimnomore]

See Guide notes for completing Moneyclaim form

[sharmads]

After much dithering lots of panicking and a few tears actually I have finally claimed my moneyclaim online. Will have to wait and see what comes back now. Watch mine be the one where they actually want to take me to court to set an example of!!

Watch this space (as they say)

[victimnomore]

Well done!

 

Don't worry - they're more scared of court than you are.

[sharmads]

I've had my notice of issue from Moneyclaim and Barclays have until 18th October to reply but as of yet not heard anything from them. Is this the 'norm' for Barclays? Has anyone else had this experience?

[livelylad]

I've had my notice of issue from Moneyclaim and Barclays have until 18th October to reply but as of yet not heard anything from them. Is this the 'norm' for Barclays? Has anyone else had this experience?

 

Hi its difficult to say what is the norm because each case is handled differently. the only normal thing is that you will get paid in the end.

[sharmads]

I'm starting to get worried now, Barclays have until tomorrow to submit a defence and as of yet not heard a dickie bird from either Barclays or the Courts. Could they have submitted a defence and not informed me? Is there anyone else who is at this stage of their claim and has also had this experience.

[Mamma-Caz]

Hiya,

 

You will probably find that they will enter a defence at the 11th hour that is usual.

 

But just hang in there - you will get your money in the end.

 

Regards.,

[Welshman]

Hi Sharmads.

Just log in periodically to MCOL to chech the status. They filed a defence on mine the day before the deadline but they've been known to cut it finer than that.

 

Now, in the event of them not filing on time, you should, after midnight tomorrow, or before 9am on Thursday, press the button to apply for judgment on the MCOL site. You will probably find that before 4 pm on the 19th, they will have defended. If they don't then things will look good for you.

[sharmads]

Thanks for your support.

[sharmads]

Have recieved a 'notice of acknowledgment of service has been filed' today and stapled to that is something signed by Adrian Ruffhead defendant with the box ticked that 'I intend to defend all of this claim' but no actual defence attached. Today is the deadline and they still haven't sent me their defence is this allowed?

[bearo]

No they now have a further time to defend it, you will get an allocation questionaire in the post to fill in any day now... you need to now start reading up on how to fill it in etc.. a template is in the library section, dont worry its all very standard!

[sharmads]

Still not recieved an AQ from the courts Barclays had until 18/10 to submit a defence I recieved from the courts something from Adrian Ruffhead saying he intended to defend all of the claim but not an actual defence not quite sure what to do now does anyone know how long it takes to recieve an AQ. Incidently did anyone watch GMTV this morning?

[sharmads]

Rang MCOL today because I was starting to feel a little jittery and a nice lady said that Barclays have until midnight 1st November in order to file a defence and failing that it's game over!!

[HSBCrusher]

you are getting there!

 

[sharmads]

Recieved Barclays defence from the courts today (BOO!) My claim has been transferred to my local county court. Here is their defence:

1. The particulars of claim do not provide details or particulars 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/her account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or anyother such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

2. The defendant's standard terms and give the claimant a fair and transparent view of those terms and conditions and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdaft limit or where the claimant exceeds his/her overdraft limit).

3. If and to the extent it is the claimants case that the failiure to make necessary payments and/or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account constitues a liquidated damage clause, the same is denied. The charges constitue payments the claimant agreed to make by reason of the terms and conditions of his/her account asnd were consideration for the defendant advancing credit to the claimant,which the defendant was entitled to impose such charges band interest when the claimant incurred the overdraft.

4. Accordingly, it is denied that the legal principles relating to liquidated damage 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 (particularly but without limitation to, paragraph 1 (e) of schedule 2, or are in breach of section 4 of the unfair (contracts) terms act 1977 (or supply of goods and services act 1982 (or indeed any other provision).

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

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

7. 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. Accordingley,the claimant is not entitled to a declaration by the court as to the enforceability of the said charges.

8. 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 contract, it is averred that the charges asserted by the claimant to have been applied to the account prior to 29th September 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.

9. 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 claimants 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 enforce the charges as set out at paragraphs 2 and 3 above, it will seek to recover 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 liablity owed hereunder to the claimant. Barclays Bank PLC

 

If anyone has any thoughts please feel free to let me know!!

[Welshman]

A quick look, and it looks very similar to the one they sent in my case.

 

Mine is at #105 on my thread.

 

You're on track, you'll get the AQ within days now.

[sharmads]

Hi Welshman

The court have already sent the AQ stapled to the defence is this what happened in your case and have you already filed out your AQ.

[sharmads]

I know this is probably a really stupid question but here goes...Have recieved my AQ N149 and I can't see where on this form do I write my defence. Do I just type it up separatly and send it back with the AQ form to the courts or am I jumping the gun or utterley thick?