Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default defence struck out (barclays)

    i recently returned my allocation questionnaireicon to my local court (20.06.07), and yesterday received a letter from the court saying:

    1.The defence is struck out as an abuse of process and contrary to CPR 1.3.

    2.this matter be listed for assessment of damages at 10 am on 3rd July (at my local court).

    i take the ,defence being struck out as a good thing -but am confused as to why i still have to go to court, furthermore will i have to take any information, bar details of the money that i am looking to recoup ?

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  2. #2
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    Default Re: defence struck out (barclays)

    Result !!!

    Be VERY careful whose advice you listen too

  3. #3
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    Default Re: defence struck out (barclays)

    http://www.consumeractiongroup.co.uk.../barclays-bank

    Post your thread in the Barclays section..You are just a phone callicon away from your "cheque being in the post"

    And congratulattions !!!!!!!!


  4. #4
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    Default Re: defence struck out (barclays)

    Hi Harpoon,

    Excellent news!

    Can you tell me what damages you claimed?

    Was this Reading county courticon?


  5. #5
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    Default harpoon vs barclays defence struck out

    i recently returned my allocation questionnaireicon to my local court (20.06.07), and yesterday received a letter from the court saying:

    1.The defence is struck out as an abuse of process and contrary to CPR 1.3.

    2.this matter be listed for assessment of damages at 10 am on 3rd July (at my local court).

    i take the ,defence being struck out as a good thing -but am confused as to why i still have to go to court, furthermore will i have to take any information, bar details of the money that i am looking to recoup ?


  6. #6
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    Default Re: defence struck out (barclays)

    i was claiming £630 (plus costs). my court is Tameside county courticon.

    do you think i'll need any information when in court tomorrow apart from bank statements with the charges on ?

    is it normal to still have to appear in court after the defence has been struck out ?

    what is meant by "assessment of damages" -will it not just be the £630


  7. #7
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    Default Re: defence struck out (barclays)

    Most unusual that they have asked for an assessment of damages when you have not asked for any.

    Did you just use the standard templates for your particulars?


  8. #8
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    Default Re: harpoon vs barclays defence struck out

    Hi harpoon

    That's stunning news but I'm with you on the confused bit about damages. Did your Particulars of Claim specify that you were seeking damages?

    Which aqicon version did you have to return, which court, how much were you claiming and what did you put in Section G for "any further information"?

    Maybe this will be a new line taken by courts to send a message to banks (fingers and toes crossed).

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  9. #9
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    Default Re: harpoon vs barclays defence struck out

    Which court was this? I think you should PM a Mod and get advice.

    Barclays Personal Account
    04/03/2007 -S.A.R - (Subject Access Request) sent – no statements yet!
    17/04/2007- non compliance letter sent
    20/04/2007 - complaint to Information Commissioners Office
    10/05/2007 - Statements received
    10/06/2007- prelim letter sent for repayment

    Woolwich Personal Account
    04/03/2007 – S.A.R - (Subject Access Request) Sent
    04/04/2007 – Prelim letter for repayment sent
    17/03/2007 - LBA sent
    10/05/2007 - Offer received
    24/05/2007-Claim form issued
    21/06/2007-Defence Filed by Barclays
    09/07/2007-Allocation Questionaire Filed

  10. #10
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    Default Re: defence struck out (barclays)

    i initially used the bbc letter, then followed this up with procedings via the small claims court. i am only looking to get my charges back i have not claimed for interesticon (although with hindsight....). on my allocation questionnaireicon which is the last thing i filled in a asked the court to enter judgement in my favour for £630.

    on account of having not seen any other claims following this path i'm a little nervous that i'll be under-prepared if the judge asks anything other than the amount i'm claiming. is it possible that he'll award damages for less than the amount that i'm claiming?

    i just find all of this a bit wierd


  11. #11
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    Default Re: defence struck out (barclays)

    I am so watching this with the utmost of interesticon..

    I think £ 100000 would just about cover my assessment of damages..

    There is no chance you will get awarded LESS than you have claimed..

    Could somebody please advise as to what they think needs to be done in court tomorrow..


  12. #12
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    Default Re: defence struck out (barclays)

    Can you post what you wrote on your particulars of claim?

    Did you include a schedule of charges?


  13. #13
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    Default Re: harpoon vs barclays defence struck out

    in section g (form n149) i put little apart from claiming £630, and that the banks were unlawful in their charges.

    i dont know what pm a mod means (sorry)

    tameside county courticon


  14. #14
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    Default Re: defence struck out (barclays)

    i used this info from the bbc website

    http://news.bbc.co.uk/1/shared/bsp/h...12_06_form.pdf

    i enclosed copies of statements and that's about it


  15. #15
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    Default Re: harpoon vs barclays defence struck out

    i dont know what pm a mod means (sorry)


    This means private message a moderator. They will help you I'm sure

    Good luck


  16. #16
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    Default Re: defence struck out (barclays)

    I expect they wish to see your schedule of charges to assess what you are entitled to including interesticon.

    Fill out one of these and take it along to the court with you.

    http://www.consumeractiongroup.co.uk...eadsheets.html

    All the best

    Zoot


  17. #17
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    Default Re: defence struck out (barclays)

    Will Do Many Thanks


  18. #18
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    Default Re: harpoon vs barclays defence struck out

    Perhaps Saintly or other Site Helper could PM a mod if nec'y and mention threads for Harpoon.


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    Default Re: harpoon vs barclays defence struck out

    Its ok he has 2 threads going ..... a mod has already advised

    Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

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  20. #20
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    Default Re: harpoon vs barclays defence struck out

    went to court, 2 minute hearing. Barclaysicon apparently didn't mount a defence and never have dona at my local court (and neaither has any other bank from what the judge was saying), he was surprised that they hadn't already settled - believes they must have overlooked me.

    To receive £630 + £80 fee within 14 days

    many thanks to all who have helped

    (sorry i've had two threads running - not quite got my head around all this)



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