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.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Have hit my first problem, i am on stage 5 of 8 on the 'on-line' claim form and have to enter the claim deatails within 1080 words, where can i find the wording i need that i can just copy and paste??? i have looked but can't find the right one, only a guide.
please help! (a link would be great or an example)
My particulars of claim with MCOL are:
"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999, Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).
I have now sent off the claim via the MCOL and paid the fee of £120.
claim number: 6QZ64923
claim amount: (£2,701.93)
The one and only reply from Barclays was after the first letter i sent them, they said that they would get back to me by the 18th Sept 2006... they didn't. I almost hope i have to go to court now.
I will start to get my case together with all the points of law i need to disprove their two possible lines of defence.
Just going though my case. i'm a bit confused about this bit about the big bank managers quote...
What can you offer the court?
On the issue of whether or not the charges are proportionate:-
That a senior and highly respected member of the banking industry Peter McNamara, said on BBC Radio in 2004 that the charges were used to fund Free Banking for all personal customers. (This argument is especially useful for claims against Lloyds as he was head of personal banking at Lloyds). You should produce a CD of the interview along with a CD player. Give the bank an advance copy about 21 days before the hearing(recorded delivery)and warn them that you will be producing it in court. Warn the court as well.
i'm going after Barclays, can i still use this CD??? will they not just say "thats not your view at barclays plc your worship"
Yes, Peter McNamara was referring to the penalty regimes opeated by all the banks. It is persuasive of the principle in respect of them all. Don't forget that this doesn't stand on its own. You provide a bundle of information which together has a high probative value.
Well done on getting prepared already. People don't bother and then go into panic
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Next question, I’m going to be away when the 14 days run out - fingers crossed Barclays will not have retorted to the court claim so I need to ask for a judgement by the court in my favour - right???.
(I have looked on the forum but can't find the answer)
How do I do that??? Do I just ring the court customer service??? Better still if I have been stupid and it is on the forum somewhere can I have the link please.
I think this will help you. I would call the court and ask them if they require this first off. You can request a default judgment online on the MCOL site, it will say "Judgment" then below that it will say start. you click on the start when the banks 14days are up. Good Luck.
Customer Help Desk Money Claim Online
The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:
Tel : 0845-601 5935
Fax : 0845-601 5889
If you prefer to write your query instead, please contact:
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
Well i have just got back from a nice holiday to find that Barclays have (on the last possible day) acknowledged my cliam and they have 28 more days...
Is this from the date of the issue of the claim or from the date that they made the acknowledgement???
What happens next, how long before i get to see there defence? will i get it in the post or view it on line at MCOL?
I understand (i think) what their two lines of defence will be and i understand (sort of) what i can say to counter that, what i need is a fully conprehensive list of what evidence i need and where to find it...( i'm not a complete idot and have read a lot on this but i'm sure that there will be someone that will have it a bit more clear in there head)
OK. I have been away for a short while o sorry I did not respond to your posting regarding the schedule being sent to the bank and MCOL.
Some people say that it's not needed but others say, it won't do any harm. I sent it.
Print out two copies of the schedule which includes the 8% interest, one with the court reference number on the top and the other with the reference number from the banks' letters to you (obviously then sending each to their respective institutions). Include a covering letter, again with the relevant reference numbers on them, adding that a copy has also been sent to the other party. The text of my covering letter was:
"Please find enclosed a schedule of charges in relation to the above claim. Would you be so kind as to add it to the file with the above reference number.
The “Interest” column reflects the current running Interest total as at put the date you printed the schedule out here"
Send to:
The Court Manager
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
and the Banks' copy to
The Litigation and Disputes Team, Barclays Bank PLC
Level 29,
1 Churchill Place
London
E14 5HP
As for todays queries, by acknowledging, the bank gets a further 14 days - that's 28 in total from the date deemed served. Tehy haven't filed a defence as yet, they'll do so at the last minute. I'm not quite at that stage yet, but a copy is sent to you.
You need to start preparing a court bundle. Go to jonni2bad v Barclays (sorry havn't got the direct link) and there's a list of what you need there, but there's a bit to delete from that particular bundle.
I just need to go through the whole lot and find out what i need and what i don’t as his court cliam is diffrent in as much as he has successfully recived all monies but wants his ‘default notice’ removed. (I don’t, i just want the money!)
I would guess that if a bank recived a ‘bundel’ heavey and deatiled enough that if you were to drop it on your foot it would break toes that they might just start writing cheques!
Bookworm has put together a bundle that would suit a 'money only' case.
Best of luck
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
1) The 6yr rule, is it 6yrs from the 1st letter? if not- when?
2) Have gone through all the statements that Barclays sent me and can't find any mistakes, i seem to remember about 3yrs ago they did refund a £30 fine to me. i can't see it on the statements, what if i have over looked it, will it make my claim invalid?
3) What is the main diffrence between damages and liquidated damages? (i have been reading through the case law)
4) What doesprima faciemean?, what does passim mean?
5) And last but not least... where can i find a copy of Barclays Terms and Condistions?
Apart from that i am just waiting, waiting and more waiting, i wasn't happy to read Bookworms note that if they do play hard ball it will be claoser to easter than x-mas before i get any money from their dirty little mitts!
1) The 6yr rule, is it 6yrs from the 1st letter? if not- when?
1st letter
Originally Posted by pauldean
2) Have gone through all the statements that Barclays sent me and can't find any mistakes, i seem to remember about 3yrs ago they did refund a £30 fine to me. i can't see it on the statements, what if i have over looked it, will it make my claim invalid?
If you've gone by the statements then you'll be fine
Originally Posted by pauldean
3) What is the main diffrence between damages and liquidated damages? (i have been reading through the case law)
Damages - i.e. their actions caused you loss
Liquidated damages - the amount it costs them to deal with your breach, for instance
Originally Posted by pauldean
4) What does prima facie mean?, what does passim mean?
The Latin term "Prima facie" means, in a UK legal context: "on the face of it."
Passim -
• adverb (of references) at various places throughout the text. — ORIGIN Latin, ‘everywhere’.
5. Don't know....
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Well in the post today a letter from the court confirming that Barclays have indeed acknowledged the claim and will be defending it in full.
Mr A Ruffhead is their man, i'm not worried, i have my evidence bundel all sorted now, just needs typing up and made to look sharpe in anticipation of the aq and request for it, it's bloody big! about 150+ pages so far.
They have untill the 18th October 2006 to get their, no-doubt, standard defence to the court.
I have come to terms that i will not be seeing any money now untill post x-mass, makes me so bloody mad.
No Money V Barclays ***SETTLED IN FULL***
... NOTHING!
Reply With Quote
Re: No Money V Barclays
Originally Posted by pauldean
