Mossysue v Barclays **WON**

[cazibeli]

Hi,

ok with court dates the files have to go to the judge so he can decide how long to allocate the case to the court list i.e. whether to give you half a day, a day or even longer if so required.

The file is then sent back to the list office and put in a pile of other outstanding work waiting to be dealt with. Once you file is picked up you should get a hearing date from the court.

I think that you should ring the court listing office and ask them what is going on, because this seems to be a bit of a long time to wait.


Saying that, the office could be over flowing with cases to be listed.
Let me know how you get on

[Chimera]

Just looking at your case... Did you send letters asking for 8% interest? It's only that I did this by mistake, and I am now wondering if it will affect my case.. Let me know how you got on..

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[mossysue]

I have been waiting a long time for my court dates and have at last received a letter from the court saying....
"District judge Z has considered the statements of the case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made."

is this the hearing, or some preliminary session. if anyone knows, could they tell me!

[Bookworm]

5 threads merged, please keep to one thread when posting queries or updates, it will make life easier for all. I've changed your title as well to encompass the whole of your claim.

It reads like a preliminary hearing, doesn't it?

I would suggest phoning the court on Monday and ask them. Never hesitate to contact them, they are supposed to help, and most people on here have found them going beyond helpful to put the "small people" at ease.

[mossysue]

it says i must attend for an Allocations and Directions hearing.
i am concerned that I have made mistakes (sorry!) and have not tried hard enough with the bank to settle out of court.
I have all the proof I need regarding my claim, but possibly haven't sent the bank enough info. -I have since sent them and the court my spreadsheet of charges, and have all the statements to back it up.
the LBA was the last correspondance I had with the bank before submitting the claim - after reading other peoples tales i thought there would be little point to ask the bank again. Now i'm worried this will jeopardise my claim. will it? They did send a letter offering me £800 (total claim is £3195, +costs and interests. they sent me an acceptance slip but i did not accept, nor enter into a dialogue with them......

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[rogerebaker]

Mossysue

There has been few cases of this, there was one in Scotland recently (Cant remember the thread). I dont think its anything to worry about. I do though suspect it may bring a rather rapid offer to settle from Barclays. This could be a shrewd move by the judge to force Barclays hand.

Im sure the Mods will help you prepare for the prilim. hearing

Im a week or two behind you with Barclays !!

Good luck

[jonni2bad]

Sue, I think you seem to have done everything required of you. I am also of the opinion that the judge is looking to the bank more than you.

This prelim hearing will not be intended to put you in the spotlight, just to gather the information required to decide how complex the case might be.

In general, the DIstrict Judge will be deciding if:

• special directions are needed and
• it is necessary for the parties to attend court and understand how to comply with the special directions or
• to dispose of the claim because one of the sides has no real prospect of sucess or to strike out a hopeless claim or defence

The notice should give reasoning for the hearing - what does it say exactly?

Perhaps, if the judge does not refer to the disclosure of information by the bank in relation to proof of costs and paperwork that shows how this is determined, it might be useful for you to raise the point.

All in all, I think the bank has more to be concerned with here than you do.

[mossysue]

I have been "ordered to attend an Allocations and Directions hearing".
Do you think it could be because i didn't send proof of my bank charges to the bank at the time of the claim. The sums mentioned were in the two letters sent before making the claim, so on their defence they say "the particulars of 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" - they go on to identify the account.
it seems stupid now to think i did not give them those details, but to me at the time it was and is obvious as this is the only relevant account held with them and they have access to the charges they have charged me.
Once I had received that defence, I immiediately sent the bank confirmation of account and spreadsheet of charges, and sent a copy to the court with my allocations questionnair.
Is this going to seriously affect my claim, or is this the info that would be cleared up at a preliminary hearing?
thanks

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[mossysue]

help!?

[Alleycat]

I would suggest doing a search on Allocations and Directions Hearing, as it seems that quite a few people have been ordered to attend them. If you find someone who has already had to go to one, then maybe pm them for some in depth advice/support?

[mossysue]

I have to attend one of these on 30th aug -has anyone else had to do this? my thread is in Barclays forum if you need the story. I would be interested to hear others tales
thanks

[Karnevil]

have a search for
preliminary trial ordered by judge
allocation hearing

read Angry princess/Stephanie v NatWest - Stephanie v NatWest **I WON * I WON**
Steter - http://www.consumeractiongroup.co.uk...ghlight=steter and prelimanary trial ordered by judge

Joneshousehold (abbey) - Another claim - **WON**

and numerous others who have all been order to attend a prelim / allocation hearing and were paid out before the date came around.....

they should help - I dont remember anyone off the tp of my head who has had to turn up - also have a look at CARLY123 in ABBEY as she has a date of 9th august for allocation hearing.

[jonni2bad]

Also, please stop panicking. You waited all of 3 minutes after posting number 48 before bumping your thread. You do not get 1 to 1 advice here - this is a self help web site and you are expected to search for answer too.

If you have another read of my last reply (post 47) you will see that your query in relation to a breakdown of charges had already been answered....

Sue, I think you seem to have done everything required of you...

[mossysue]

I have stopped panicking now as I realise the prelim hearing will give me an opportunity to get errant paperwork in order -if I do have to attend that is.

[mossysue]

just a query, as i'll be off to court next week (although i hope they settle before!)
who's liable for court costs if settled out of court? anyone know?

[mossysue]

my thread seems to have moved to general queries site- can it go back to Barclays please!
my prelim court case is next week -does anyone know who is responsible for court fees if settled last minute out of court?
ta

[Nightstar]

The Defendant, you add it to the total cost, dont settle until they have agreed court fee's and travel expenses. Good Luck oh and also if in court ask the judge to agree to settlement.

[jonni2bad]

They are.

[mossysue]

success! - settled in full at 11th hour before going for prelim hearing. Keep going everyone -it's worth all the sweat.

[david luben]

Mossysue,
Did they file a defence?
If so was it the same as my post?
Regards
David Luben (see above)

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales