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Old 11th June 2009, 17:44   #1 (permalink)
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Default Barclays issue a Defence**WON**

I have claimed against barclays for credit card charges and they have issued a defence! What do i do now?
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Old 11th June 2009, 19:18   #2 (permalink)
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Where else can you earn 8% interest on your money?
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Default Re: Barclays issue a Defence

What was the particulars of claim and what is the defence?
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Old 11th June 2009, 22:52   #3 (permalink)
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Where else can you earn 8% interest on your money?
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Default Re: Barclays issue a Defence

Hi Sohiab,

Also, please confirm if this is a Barclaycard so we can move it to the correct forum for you.

Did you claim interestautolinker.com autolinking image from them - s.69 Statutory Interest or interest at their Contractual Rates.

On your N1 claim form, what name did you cite as the Defendant and what address did you put for them.
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Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/
Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
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Old 12th June 2009, 21:45   #4 (permalink)
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Default Re: Barclays issue a Defence

Yes it's barclaycard. The defence is the test caseautolinker.com autolinking image. Didn't know the test caseautolinker.com autolinking image applied?
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Old 12th June 2009, 21:54   #5 (permalink)
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Default Re: Barclays issue a Defence

If it's a credit card, it doesn't

We need to see the POC and the defence before advising what to do, though.
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Old 13th June 2009, 00:38   #6 (permalink)
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Default Re: Barclays issue a Defence

Hi Sohiab,

Moving this to the BC forum for you.

Post up your POC and their defence.

You didn't answer about what level of interest you are claiming.

Also, have you claimed any charges back beyond 6 yearsautolinker.com autolinking image. Just trying to see why they didn't refund before you filed at court.
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Old 15th June 2009, 11:08   #7 (permalink)
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Default Re: Barclays issue a Defence

The Claimant has an account xxxx xxxx xxxx xxxx with the Defendant, opened June 2000
2. Since 23/02/03 the Defendant debited
charges and interestautolinker.com autolinking image in respect of
purported breaches of contract.
3. Defendant is aware of all details as a
list of charges has already been supplied.
Another copy will be sent. 4. Claimant
contends: (a) The charges exceed the
Defendant's losses caused by the breaches;
(b) The Term permitting the Defendant to
levy such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims:
(a) return of the amounts debited of £204;
(b) Interest per S.69 County Courts Act
1984 of 8% - £7.00 continuing at 8% until
judgment or settlement at a daily rate of
£0.15; 6. Alternatively, if the charges are
a fee for a service, then they must be
reasonable under S.15 of the Supply of
Goods and Services Act1982. 7. Costs
allowed by the Court

Heres the information
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Old 15th June 2009, 13:44   #8 (permalink)
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Default Re: Barclays issue a Defence

and the Defence?
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Old 15th June 2009, 14:59   #9 (permalink)
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Default Re: Barclays issue a Defence

[FONT='Verdana','sans-serif']The defence had been the test caseautolinker.com autolinking image. I have called up the legal team and they have told me that they can lift the stay and I have told them to proceed. However, after sending them my email address for forms I have received an email to say that an offer is in the post. If the offer is acceptable I will of course accept. [/font]
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Old 15th June 2009, 22:34   #10 (permalink)
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Watch out, there are Claims Touts about!

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Default Re: Barclays issue a Defence

Hi Sohiab,

That's more like it.

I could see no reason for them not making an offer before you actually filed at court.

The offer from them should include all your charges, s.69 interestautolinker.com autolinking image to date and any court fees you have paid.

You should accept nothing less.
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Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/
Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial
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Old 18th June 2009, 18:09   #11 (permalink)
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Default Re: Barclays issue a Defence

Yep. It does. Just got a resolution from GE as well. So its been a good week.
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Old 18th June 2009, 22:34   #12 (permalink)
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Default Re: Barclays issue a Defence

Excellent result.

Thread title changed to reflect your win.
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Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html
Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html
Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/
Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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