Mahala v Barclays **WON**

[jonni2bad]

Well done mahala

[mahala]

Barclays acknowledged the claim today. They now have until 17 July to file a defence.

	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

[mahala]

received from the court this morning a copy of the intention to defend all of the claim. Keith Jeremiah has just added to his caseload.

[Movingon]

Apparently you can call him and he'll settle... so I've heard around here. Remember to ask if you can speak without prejudice...

[mahala]

Barclays have entered their defence, and I am completing the allocation questionnaire now (it has to be erturned by Weds 2 August).

I don't know what to put in the "other information" area. Can someone tell me what I should write here? I've used the template to complete the rest, but this is the bit I need help with and it doesn't tell you what to put in there!

*breathe*

any help greatly appreciated.

	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

[barracad]

"Other information" is just for case management information, not specifics relating to your claim.

So for example if you or any of your witnesses have special requests e.g. wheelchair access, if there is going to be a lot of paperwork for the judge to consider - that kind of thing. Basically, anything that makes your case different from "the norm".

For many people, the only thing they will write in this section is "Not applicable"

HTH.

[Bookworm]

OR!

You could add this:

As discussed on another thread;

If you have the N149, under section G (Other information) you should ask that the court orders Standard Disclosure

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

The same can be entered in Section F of the N150.

It will not force the judge to order it - but no harm in trying.

I did it on mine, and took back my AQ on wednesday, so not far ahead of you.

	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

[mahala]

Thanks for that!

[Grimsolo]

Have just added that to mine

Thanks very much!

Good luck

Grim

[Movingon]

OK - on behalf of Mahala who's away, I can tell you that the Allocation Notice (allocating as expected to the small claims track) has arrived. Here's what it says; can you tell me if any of this means that "Standard Disclosure" has been ordered? Thanks!!

Hearing to take place on 2nd October @ 1400

Originally Posted by Notice of Allocation

"Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 13 September 2006.

The original documents shall be brought to the hearing.

Witness statements shall be included in the documents served and filed. This includes the evidence of the parties themselves, and any other person whose evidence is to be relied upon, whether or not it is intended to call them at the hearing."

[Longleigh10]

Hi Mahala,
Are Barclays losing it?! Referring to their first reply to you. They initially said the statements would be supplied free of charge then at the end of the letter went on to say they will do it for £10 Are they now trying to recoup their losses or is someone out there very stressed?!

[mahala]

I received a letter from Barclays this morning. They still contend that I would lose the case if it should go to court, but taking into account the "small amount" of the claim and the time and money involved in going to court etc, etc.

They made me a full and final offer of £1088, which I have accepted. They originally tagged on a confidentiality agreement as a condition of the offer. I faxed an acceptance letter to Keith Jeremiah this afternoon, stating that I did not accept the confidentiality clause.

I've just had an email from him - they are prepared to forego that in order to bring a swift end to the case lol.

Cheque's in the post lol.

Just as well, we were going to court on Monday!

	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.

[Bookworm]

Hey!!!!! How did you get ahead of me?????? I'm still waiting for my money!!!!


Oh well.... *shrugs*

anyway, well done to you

[jonni2bad]

CONGRATULATIONS

[heidiK]

MANY CONGRATS!!!!!! WELL DONE MAHALA! Enjoy your money back!

[Mrgreengenes]

Congratulations Mahala. We've all just moved up one place in the queue.


You didn't let the Fatherless Chillen get ya!!

[jas 4]

Originally Posted by StoneLaughter

Apparently you can call him and he'll settle... so I've heard around here. Remember to ask if you can speak without prejudice...

Hi

I read your above quote with interest, I am waiting for a court date at the moment and whilst I am quite prepared to go to court, (it is just dragging on and on), do you think if I e-mailed keith jeremiah asking him if he is prepared to settle before court he may authorise settlement.
If so, how do you suggest I word my request???

Hope you can help.

J

	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.

[Mrgreengenes]

Jas4, please start a new thread. You are actually hijacking Mahala's thread. You will receive more help there as other members and moderators will always look for new threads to help out. Also it will be easier for other members to find you at a later date.

Don't worry though we all have to start somewhere.


Don't let the fatherless chillen get ya!