rhoodnotts v Barclays ***SETTLED IN FULL***

rhoodnotts · 19th February 2007, 21:08

Hi,
I photo copied all my Bank Statements with Excess Charges, sent them to Barclays Recorded Delivery, they wrote and offered about half, so I made a Claim in the Small Claims Court online. I received confirmation, then another comminication from the Court, wit a Solicitors name on it, saying they were going to contest the Claim. That was on 19-Jan, a month ago, but nothing since. What should I do?

tbern123 · 19th February 2007, 21:12

Quote:

Originally Posted by rhoodnotts

Hi,
I photo copied all my Bank Statements with Excess Charges, sent them to Barclays Recorded Delivery, they wrote and offered about half, so I made a Claim in the Small Claims Court online. I received confirmation, then another comminication from the Court, wit a Solicitors name on it, saying they were going to contest the Claim. That was on 19-Jan, a month ago, but nothing since. What should I do?

The best advice I can give you is to take the time to read the other Barclays threads. You will find all the answers you need

mrsfoot · 19th February 2007, 21:13

First of all start a thread in the barclays forum, as you will get excellent advice from others in the same boat.

You should have received a copy of the defence papers from bank or court, if you havent then call the court tomorrow and ask for it. You should have also received allocation questionaire to complete. You need to ask the court if they have got defence papers and why no allocation questionaire have been sent to you.

Also i advise you print out the process you need to follow from thr FAQs (see link below) as this will give you each stage and what to expect

rhoodnotts · 19th February 2007, 21:20

Thanks for the quick response, how do I access the Barclays Forum?

Michael Browne · 19th February 2007, 21:25

http://www.consumeractiongroup.c o....barclays-bank/

rhoodnotts · 21st February 2007, 23:33

Thanks for all your help, the AQ arrived today before I had a chance to phone the court to chase them -- they don't open until 10:00 then I've already been at work a couple of hours and am very involved; the day flies by.
Have filled it in, printed three copies and attached a schedule of charges. In the Other information section, in addition to some of the blurb quoted in your guide, I added
"As to the Defendant's claim that they are entitled to charge me for unauthorised borrowing by reason of their standard terms and conditions, that is akin to someone saying they are going to hit me before landing a punch on me: it does not alter the fact that the punch is an assault on me."
What d'you think, is this OK or inappropriate?

Michael Browne · 21st February 2007, 23:47

Quote:

"As to the Defendant's claim that they are entitled to charge me for unauthorised borrowing by reason of their standard terms and conditions, that is akin to someone saying they are going to hit me before landing a punch on me: it does not alter the fact that the punch is an assault on me."

This is a joke, right?

Advoc8 · 21st February 2007, 23:48

I think it's an excellent way to annoy the judge. Well done!

rhoodnotts · 22nd February 2007, 19:03

Glad I checked with you before sending the form off!

Bookworm · 22nd February 2007, 19:10

Just to clarify the above responses, just in case, no, it is NOT an appropriate addendum. It wouldn't be appropriate anywhere, and least of all, in an allocation questionnaire, which is meant to be for the judge to decide on which track to send your claim, and how much time to allocate to your hearing.

I suggest a good read of " Allocation questionnaire, a guide to completion" in the Library, and to follow it scrupulously if you haven't done so yet.

rhoodnotts · 22nd February 2007, 19:25

Thanks for your explanation. The first two were a bit scathing...

I have looked at the Allocation questionnaire, a guide to completion, and below is the current contents of my Other Information box. Is this OK, or is this only appropriate if you're trying to convince the judge to choose the Small Claims Court for a Charge of over £5,000? Mine is under a £1,000.

Please find attached a detailed Schedule of Claim for Charges.
I believe the case will last no longer than an hour. The issue is not a complicated one; it is an issue of fact not of law. The issue is only whether the money levied by the Defendant in respect of its customer's contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.
However, the continuing problem is (in common with the hundreds of other cases being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in the utmost good faith.
Accordingly I would respectfully ask that the court order standard disclosure. I understand that it is in the courts discretion to do so and I believe this would bring a rapid end to this litigation.

Bookworm · 22nd February 2007, 19:29

It's fine.

rhoodnotts · 22nd February 2007, 19:44

Thank you very much Bookworm for your measured response! Someone said the phrase to me, which made the whole thing clearer to me, which is why I considered including it, I didn't realy understand what the AQ was for.

rhoodnotts · 17th March 2007, 18:02

Hi,
I filled in the AQ and it was delivered to Kingston Upon Thames County Court on 28/02/07. I have searched for After the Allocation Questionnaire and After the AQ but could not find aything very helpful. I have read about how to approach the case if it does go to Court, but my questions are
1. How long does it usually take for the Court to decide on a hearing date (assuming Barclays don't cough up in the meantime) and
2. If it does end up going to Court, what are the chances of me finding a more experienced buddy to go with me?
Thanx
rhoodnotts

Advoc8 · 17th March 2007, 18:09

1. It depends how busy the court is. If you've not heard by the end of next week give them a call.

2. I very much doubt you'll see the inside of a court room, but check back when you've a date.

rhoodnotts · 17th March 2007, 20:20

Thanx for the prompt response

ADE&FAB · 30th March 2007, 22:10

Let me know what happens here.

I think we might have a group of us in on the 20th April.

See my post ADE & FAB v Abbey.

rhoodnotts · 19th April 2007, 08:18

I phoned the Court and they said a date for a hearing should be set in about a week, that was almost two weeks ago. More worryingly, I realise after having spoken to a friend, to whom I introduced your excellent website, that I had not sent a Letter before Action to Barclays before making the Claim in the Small Claims Court --- this is because at that stage I had not discovered your website (from a newsapaper article) I was merely following the advice on the BBC News website. How crucial is the LBA to my case, is it simply a minor hiccup or could it be a fatal flaw?

ADE&FAB · 19th April 2007, 12:06

I'm not sure.

One of the MODS should be able to answer that one for you.

Michael Browne · 19th April 2007, 12:19

Quote:

How crucial is the LBA to my case, is it simply a minor hiccup

Yes, Barclays will be too busy concentrating on not appearing in court, to worry about a missed letter.

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