Many different terms for charges....

[squishy]

Thanks, am completing 2 forms and going to send it to Barclays, with spreadsheets, with the offer of 7 days to refund and avoid court involvement.

[squishy]

EEK, Quick N1 question - should the value on the front of the N1 form include interest charges (the s69 County Courts act)?

 

Thanks

[jonni2bad]

Yes

[squishy]

Update......

 

Got letters from Barclays this morning (after I sent them a copy of N1's last week with a 7 day extension from my LBA) offering just under 50% of total claims as "gesture of goodwill" therefore "not accepting responsibility" and "your fault, you knew the terms" etc. Am buying none of it, have read enough on here to know that this is usual tactic (plus, when are they ever going to give out more than £1000 as a gesture of goodwill?! Pah!).

 

Have got my letter of accept as an interim offer but not prepared to be gagged and will still proceed etc, but just wanted to clarify a couple of things.....should I send this on it's own? Or with an updated N1? How much time should I give them to respond to this letter before actually filing with the court?

 

And a pre-emptive question, assuming worst case, that I do have to take them to court (have assumed from step 1 that I would!), how should I recalculate the interest (from the spreadsheet) as they will have (hopefully!!!) paid off a chunk of the original sum being claimed!

 

Thanks for all your help - although their letter is really quite intimidating and unresaonable, I see this as a big success so far!!!

[squishy]

Anyone got any advice for me re the above please?

 

Rooster, just seen your advice on Darth peanut's thread, but had a more specific question about the wording (above), but fully intend to pursue!!!

[jonni2bad]

Really not sure what made you send tham a copy of an N1 claim form that hadn't even been submitted.

 

Also, you have extended to time allowed to respond to your LBA - you are simply showing them that you are not prepared to do exactly as the LBA says you will - these types of actions will see you coming unstuck.

 

Submit your court claim for the full amount and forget about the letter which they have clearly not responded to.

 

Please stick to the outlined plan - it's a proven way to get your money back.

[squishy]

I disagree (and have several valid reasons for the action I took) and feel that the only reason I have had any offer is because I sent the other letter - they seem to be taking me more seriously now .

 

However, I was actually asking a specific question to help me with the next step, but will just go ahead and use my own judgement as it isn't "in the plan":oops: .

[jonni2bad]

...they seem to be taking me more seriously now...

 

In what way? Have they offered you all of your money?

 

...However, I was actually asking a specific question to help me with the next step...

 

Which you will find an answer to on my 3rd line above. Proceed to court. You have already submitted the LBA which threatens them with court action - they did not settle in full and have now passed the deadline for response.

[squishy]

In the way that they have offered 50% as opposed to getting no response whatsoever. I did ask for advice before taking that action (and had other reasons too)

 

I thought I was responsible to "litigate and claim" reasonably with them in order to reduce court costs etc. In the FAQ section it says that if they come up with an offer (eg 50%) that I should accept and tell them that I'm going ahead anyway.

 

Unless I'm being thick, you're saying ignore this offer and proceed to court. The letter says if they don't hear from me within 8 days, they will assume matter resolved so I think I have to respond in some way.

[jonni2bad]

The LBA states...

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

They did not offer you the full amount.

 

They have passed the deadline.

 

Anything related to their deadline is of no concern to you - you're taking them to court, no the other way around.

 

They will not play ball unless they know you are serious, and giving extra time means you are not. Just proceed. If you need help with the claim forms, let me know.

[squishy]

OK, update, filed with moneyclaim and this morning received acknowledgement of service that Mr Keith Jeremiah (I feel I know him already!) intends to defend the whole claim (well, both of them). I guess it's just a matter of sitting tight now to see if they submit a defence or let the 28 days run out. Should I start to gather the information I might need at court, just to be on the safe side?!

[squishy]

Just

[squishy]

Just read on another read to PM a mod with claim number and the court - should I do this, too? Thanks.....

[squishy]

From when your claim is issued, they have 14 days to acknowledge it and if they do, then they have 28 days to submit a defence

[barracad]

28 days from the date of service

[squishy]

Getting close now - their deadline for entering a defence is this Friday and no news yet........!

[squishy]

OK, still no news from Barclays entering a defence.....

 

BUT, they applied a charge to my account last week of £35 for an unpaid cheque. This cheque was paid in early by an organisation (a charity) who had told me (in writing) they would not pay it in until the 18th August. The worker who was responsible has offered to reimburse me the charge personally.

 

I rang Barclays and they have responded by letter telling me that because I refused their "full and final offer" (a whole month before this new charge was applied) in response to my LBA, that they would not reimburse any charge (assuming that this is going to be a permanent prejudice from Barclays towards me). He suggested I ring a complaints manager if I wanted to appeal.

 

I did this and she told me that they basically would never reimburse me anything ever again because I refused their "substantial offer" (it was less than 50% of my claim and less than £250!) unless in the case of bank error, which this was not. I explained that the £35 charge was disproportionate, unfair and unlawful and she reiterated the stance "if we refund a charge every time you ring up and ask us to, what is the point in us making the charge?".

 

SO frustrated, I don't want someone else to have to reimburse me for Barclays' charge, but am also damned if I'm going to pay it myself - it may not have been bank error, but it certainly wasn't mine!!

 

Any advice/suggestions please?

[squishy]

In addition to the frustrations above, I was awake at 2.30 this morning and had a feeling the Barclays defence would arrive today or tomorrow and this morning, with one day left, it arrived!!!

 

It says:

1. The particulars of the claim 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. Notwithstanding the claimant's failure to correctly identify and particularise an account held with the Defendant, it is admitted that the Claimand has accounts number xxxx. However, to the extent it is alleged that the claimaint incurred bank charges on her account for unauthorised borrowings (whether unpaid feels for returned cheques or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof. Which, of course, is easy thanks to the statements received and highlighted. However, I already sent them a copy of the spreadsheet prior to completing the moneyclaim form

 

2. 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: it then goes on to lost the defendants rights to charge each different type of 'fee' for each different type of 'wrongdoing' (my word not theirs!).

 

3. The defendant's standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including those where the claimant exceeds her unauthorised overdraft limit).

 

4. If and to the extent that it is the claimant's case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits constituted a breach of terms applying to the account and that the contractual entitlement to debit charges from the claimant's account constituted 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 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 when the claimant incurred the overdraft.

 

5. 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 (particularly but without limitation to, paragraph 8 and schedule 2 paragraph 1(e)) 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 privision).

 

6. Therefore it is denied that the charges were unlawfully debited from the account.

 

7. If and to the extent that the Claimant incurred charges on her account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant to increase the overdraft facility and/or her failure to make payments.

 

Phew!!! It's signed by a Pupil Barrister, but still has Keith's email address as contact point.

 

I've read a number of other people's defences, but this one seems longer (or is it just because I've typed it out)?! Can anyone spot anything strange or unusual about it?

 

Obviously, I now have the Allocations questionnaire to complete, which looks simple and straightforward (especially given the advice in library) but I have 2 more questions:

1. I know this is the point where some people have emailed Keith directly and offered a further chance to settle out of court. Given my post above (that they seem to be being punitive because I rejected their offer, which I know lots of people have done), is there any reason why I shouldn't email him and try to get this sorted (and I know some people have been successful at this point, did this include interest and court fees?)? Any advice gratefully received.

 

2. Assuming that I go ahead and complete the allocation Q anyway and send it off ASAP (i.e. don't wait for their 19 day deadline), it asks for dates why I could not attend court within the next 4 months - I am expecting a baby in late October and anxious to avoid any additional stress etc immediately prior to that (well, a couple of weeks would be nice, actually ). Is that a reasonable thing to put in the box? Similarly, I don't really want a court date in the weeks following birth, either. So, ultimately, I don't really want a date after mid October at the latest....eek.

 

Thanks in advance, know this is a long and boring one!

[Spotted Dog]

From reading other recent posts , it seems Mr Jeremiah is not responding to emails. So I would say it is not worth doing. I sent them a copy of my AQ and a letter saying here is an opportunity to settle before wasting the courts time. I have had no response so far.

 

I am sure the court is quite OK with you not wanting a hearing around the time your baby is due and sometime after.

 

Good luck

 

 

Spotty

[squishy]

Thanks Spotty, shan't bother with emailing him then! Assuming all looks normal with the defence and will get my AQ in ASAP!!

[jonni2bad]

It's a standard defence. Have look at the help pages for AQs in the Templates Library - they are quite straight forward forms in reality.

 

Also, regarding charges imposed after you started court action, wait until settlement is made, then phone the bank - state you have just been paid every penny in court and would they like to avoid losing another court action and just refund you now, or go back again?

[squishy]

LOL! Thanks, I like that approach!!!! Especially after the woman was so catty to me (and am incredibly hormonal!!!!!!!!).

 

Got the AQ nearly completed - was thinking about putting a small note in the 'anything else' section about my due date etc to try and speed things along - does this seem reasonable?

[squishy]

One other thing, in order to help move things along, is there any point putting in the Section G (other info) that, in response to Point 1 of the defence, a full list of particulars and dates were sent to the defendant on (date) and will be provided to the court at the hearing?

 

Sorry, just trying to make things as smooth as possible!

[jonni2bad]

You can put a note in there about expected hospitalisation from (xx/xx) and that you can not give a specific date.

[squishy]

OK, hoping for no hospitalisation (homebirth, fingers crossed) but I don't think I'll be in a fit state the week/10 days prior, so will put then I think.