PT2537s O/H V. Barclays ***WON***

[pt2537]

Hi Everyone,

 

Along with taking on lloydstsb and the woolwich, we have decided to have a go at barclays. my other half had an account with them and when we sent them a SAR the statements they sent showed she had been charged over 1600.00 so we sent the usual preeliminary and LBA letters and got the usual "crawl back under your rock and die" response, so we filed the N1 form at the end of march. Barclays have defended the claim and have entered a defence which we received today.

 

in the defence it says that we are time barred from claiming anything from before 27 march 2001. however we sent the first letter asking for the charges back on feb 28th 2007 so if i am right the charges which we are claiming from 6th march 2001 are inside the limitations act and we can claim? i assume that the defence is a standard defence, it has 11 points and starts by saying that the "1. particlualrs of claim do not provide details or particulars of the precise charges alleged to have been unlawful, or the date thereof." it looks very much like the same sort of defence like Lloyds used in my case but i just wanted to check to be sure. another point that is of concern to me is point 11 which says if it is the case that "the defendant is unable to rely on its express entitlement to enforce these charges as set out above,it will seek to recover to the extent nessary such loss and damage as it actually suffered which will not nessarilly be limited to the value of said charges and the defendant seeks to set off such sums against any liability owed hereunder to the claimant"

 

can anyone tell me if this is normal for these points to be included

 

thanks

 

paul

[oneofakind]

Hi,

 

Yes, that sounds like Barclays standard letter. Basically they're saying that if you've cost them more than they've actually charged you, they'll be coming after the rest....

 

Yeah, right. Made me laugh, too.

 

Nothing out of the ordinary. Carry on!

 

:D

[pt2537]

Hi oneofakind,

 

thanks for that,

 

i must admit i thought that would be the case but i just wanted to check to put the other halfs mind at rest.

 

do you have any idea on the issue they raise about us being time barred? as i put in the message , i thought that we are ok as we wrote to them on the 28th feb asking for our money back which was before the first charge we are claiming became 6 years old and as far as i was concerned we are inside the statute of limitations but they seem to think otherwise

 

thanks again for your help

 

paul

[oneofakind]

I think they probably work back six years from the day you file your court claim. Just more Bank B****cks, leave your claim as it is. Many others have been successful beyond 6 yrs.

 

they'll push you as far as they can, but they'll fold in the week before court, usually.

 

[pt2537]

hi oneofakind,

 

thanks again for your help

 

paul

[pt2537]

well, recently spoke to [NAME REMOVED] at barclays, she said that they would be settleing shortly and i did not need to file my bundle but i dont want to let my guard down so i am going to prepare my bundle. can anyone tell me if there is a ready prepared witness statement for barclays claims? i found one on the lloyds forum that Gary H had prepared but i was wondering if there was one specific for barclays

 

 

any help would be great

[oneofakind]

I don't know of one. As you say, GaryH has a great one for Lloyds, and GuidoT has a good one, but also for Lloyds. Barclays defence is different, so I'm working one up especially for them. I'll post it on my own thread when I get it done.

 

do you have a court date yet, Paul?

 

[pt2537]

Hi Oneofakind,

 

yeah we have a court date set for the 17th august, i have done the bundle but its the witnes statement which is causing me the headache, i was looking at amending GaryH's one to suit but i dont really have the time at the mo as im a 2nd yr (mature) law student as well i have a young family and i work full time as well so time is limited.

 

thanks for your help

 

 

paul

[pt2537]

Hi Everyone,

 

does anyone have a complete contents / list of what documents are needed in a court bundle for barclays,ive downloaded teh CAG bundle and added my statements and letters i sent to barclays and their replies but im not ure what else to include.

 

 

any help would be great

 

 

thanks

paul

[saintly_1]

T&C's ?

[pt2537]

Hi saintly

 

cant find them anywhere so i had almost given up on looking for them, her account was opened around march 2001 and it was a basic account which was upgraded to an additions account in feb 2002

 

is there anything else i need apart from T&Cs? do i need to include a copy of my N1 and otehr court correspondance or is that not needed

 

regards

paul

[saintly_1]

2001 additions T&C's can be found here http://www.consumeractiongroup.co.uk/forum/barclays-bank/96844-databse-barclays-t-cs.html not sure about copies of court correspondance will look around and get back to you

[saintly_1]

might be a good idea to have a read here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[pt2537]

Thanks Saintly

 

I was wondering though, the account was a basic account in march 2001, it wasnt upgraded to additions til 2002 so would the 2001 T&C's be ok to use or would i need a copy from the year the account was opened and ones for a basic current account?

 

paul

[saintly_1]

TBH i dont think there is much change in the T&C's around that time think the major rewording comes later

[pt2537]

well,

 

VICTORY

 

My other half recieved a cheque for settlement of her claim. we have been in negotiations with Sharon Daboul who took over from [NAME REMOVED], Sharon was excellent, she was very helpful and very understanding

 

our court date was 17th august but we are going away to austrailia in a week and we spoke to barclays on the off chance that they would settle and they did

 

good luck everyone else who has claims going v. Barclays. ive only got the woolwich to go them my claims are finished

 

 

regards

paul

[saintly_1]

Congratulations :

[pt2537]

Thanks Saintly 1

 

couldnt have done it without the CAG and the people who help and offer advice. whne we have got all the funds from our claims in the bank we will be making a cash donation to the site

 

thanks

 

paul

[volks23]

CONGRATS

PAUL ON YOUR WIN ENJOY THE MONEY HAVE FUN IN AUS.

 

volks23

[slick132]

PT Congratulations. Enjoy the extra spending money, Slick

[pt2537]

thanks everyone.

 

ive just got my own claim against the Woolwich to go then thats it for the bank charges.

 

still i must say im gonna enjoy spending the money in Oz for 4 weeks

 

 

regards

paul

[oneofakind]

superb result Paul, well done!

 

It's been a good week, cos' I won too!

 

Throw a shrimp on the barbie for me when you get to Oz!

 

Enjoy, mate.

 

:D

[pt2537]

thanks oneofakind.

 

not sure about a shrimp, more like half a cow

 

well done with your claim.

 

regards

paul

[oneofakind]

not sure about a shrimp, more like half a cow

 

That'll do! Charred on the outside, bleeding in the middle, cold one on the side!

 

[livelylad]

Thread moved to success forum.