Biffinplate vs Barclays x 2

[biffinplate]

Hello

 

Benn busy trying to charges refunded from Barclays from me and the girlfriend, just thought I would let everybody know where i am.

 

The Girlfriend

Charges claimed £1780

 

Sent LBA, received a reply offering £850. Going to reject it. Question: Do I need to write to them and reject it, giving the the chance to improve their offer, or do I just issue court papers?

 

My Claim

Charges Claimed £1580

LBa is being sent 23 October 06

 

Good luck everyone

[essjaysea]

Issue court claim. Your LBA gave them notice to settle in full within 14 days. They have not complied. On past form they are unlikely to improve their offer unless you take them to court!

[Guest HUSBANDKHAN]

just get on with the claim as the deadlines are set by you and do not worry about what the bank may say to you to put yourselves off. they have been doing it for tolong. its time we faught back.

[biffinplate]

Thanks Guys, claim goes in tomorrow, will keep you updated:)

[biffinplate]

Hello

 

Just a quick question, which address do I use for Barclays? I have several from correspondence.

[victimnomore]

Eiher

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

or your local branch.

[biffinplate]

Thanks Victim

[biffinplate]

Just filed a claim with moneyclaim for the missus online 6QZ76367, we will wait and see

[biffinplate]

Barclays have acknowledged this claim, they have just added £5.60 in interest to my claim.

 

Just waiting for their defence!!

[biffinplate]

Just received an acknowledgement to my offer rejection letting me know that I am still able to accept their offer, otherwise see you in court.

 

Pity my MCOL went in last Tuesday.

 

See you in court boys

[biffinplate]

Barclays have entered a defence, just waiting for my copy. Will let you know if there is anything new.

[biffinplate]

Barclays defence below, I don't think there is anything new. The end of paragraph 11 did raise a note of concern, but I have seen it in other defences. Not too fussed about paragraph 10, it's only £20.

 

1 The particulars of claim do not provide details of the precise charges alleged to be unlawful and 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 any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

2 The defendant’s standard terms & conditions 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 and overdraft limit or where the claimant exceeds his/her authorised overdraft limit).

3 The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms & 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 top 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 in sufficient cleared funds in the account - £35 per item (previously £25)

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 If and to the extent it is the claimants case that the failure 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 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/her 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.

5 Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are irrelevant 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 unfair terms in consumer contracts regulations 1999 (particularly but without limitation to, paragraph 1(e) of schedule 2), or are in breach of the unfair (Contracts) Terms act 1977 (or any other provision), or are unreasonable within the meaning of s. 15 the supply of goods and services act 1982 (or indeed any other provision).

 

Anyone got any comments??

 

AQ being returned before 12 December 06

 

Biff

[biffinplate]

AQ being hand delivered to court today.

 

Do I send Barclays a copy?

[biffinplate]

Court Date 5th March 07

 

Court bundle ready to send

[biffinplate]

Hi All

Court bundle ready, below is a list of contents. If there are any glaring ommission could one of you please let me know, if not it will be getting sent tomorrow. Thanks

Biff

• Correspondence.
  
• 1 Request for Repayment
  
• 2 Response to Letter
  
• 3 Letter before Action
  
• 4 Response to Letter
  
• 5 Offer Rejection Letter
  
• 6 Notice of Issue.
  
• 7 Copy Claim Form
  
• 8 Copy of Charges Schedule – Northampton County Court
  
• 9 Copy Charges Schedule – Barclays Bank PLC
  
• 10 Acknowledgement of Service
  
• 11 Copy Barclays Defence
  
• 12 Allocation Questionaire
  
• 13 Notice of Allocation
  
• Latest Schedule of Charges
  
• Statements
  
• Early Day Motion from the House of ParliamentRelevant Case Law to Penalty Charges
  
• Relevant Case Law to Penalty Charges
  
• Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd
  
• The Unfair Terms in Consumer Contracts Regulations 1999
  
• Unfair Contract Terms Act 1977
  
• Supply of Goods and Services Act 1982
  
• Office of Fair Trading Statement

[Falcom]

Looks like its all there - more or less identical to my bundle.

 

Peter

[biffinplate]

Cheers Peter

[Laineybelle]

Following your progress, biffinplate.

 

Good luck

Laineybelle

[biffinplate]

Thanks Lainey, will keep you updated

[biffinplate]

Court bundle delivered today, Barclays copy sent recorded delivery to night.

 

Let see what they do!

[biffinplate]

Court bundle deadline today, if I don't receive anything from Barclays should I complain to the court straight away or wait till the court date?

[dickeggsy]

here is a letter you can send.just ammend to suit

Dear Sir/Madam,

 

xxxxxxxx -v- Barclays Bank Plc

Claim No xxxxxx

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge xxxxxx dated xxxxxx. Please find enclosed a copy of the order to which I refer.

 

I wish to inform the court that the Defendant has not complied with the order in that it has not served upon me its evidence, or any such documents, as was specifically directed.

 

I can confirm that my documents were both filed and served pursuant to the terms of the order on xxxxxxxx.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, and in view of the terms of the honourable courts previous order, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

[biffinplate]

Cheers Dickeggsy

 

Just waiting to see if there has been any post today, if not the letter will be getting sent to the court.

 

Will keep you up dated

[biffinplate]

Have received a letter from Barclays offering over £2500. I haven't seen the letter yet but it looks like i may have been successful.

 

Will let you know the details and be making a donation soon.

 

Looks like Barclays are paying for the Honeymoon!! I may send them a postcard.

[Falcom]

Congratulations

 

Peter