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Need some advice here, which is surprising because so far I thought I was doing OK with my claims!
I have now realised (this is what happens when you take your eye off the ball) that I have claimed against Barclaycard at county court without doing a Pre-lim or a lba!, what a dic*head!
I was that angry with there microfihe argument and the letters going back and forth, that I thought stuff it, I will file on estimate of costs. They have defaulted me for £547, and I am claiming £960.00 on the basis of the amount of charges over the course of the credit card duration (but forgot that I had not done a LBA/Pre Lim). They have declined to give any statements, only the print outs that show the balance.
They acknowledged my claim on the 29th August (an employed Solicitor) and I have recieved a letter yesterday with there defence and an allocation questionaire. They claim has also been transferred from Northamption County Court to Telford County Court (is this a good or bad sign?).
There defence is long, very long. It amounts to 63 lines and the average amount of words in a line is 14, put it in another way, if I typed it, it would take a while!
Their second paragraph in their defence is:
The particulars of the Claim are summary and do not provide details of the precise charges alleged to have been unlawful, or the date thereof. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of case in due course. It is averred that the Claimaint has failed to identify and state any cause of action against the Defendant to establish any legal liability for the sum claimed.
They have also stated in their third paragraph:
It is admitted that the Claimant has an account, number 4929XXX. To the extent it is alleged that the Claimaint incurred charges on HIS(should be her) account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "charges"), it is admitted that such charges were debited from the Claimaints account; however, the Defendant puts the Claimaint to strict proof of each charge and the date thereof.
So, it goes on like this, if it is better for me to type up there whole defence and post it here, please advise me.
I do not know if the best thing to do is to drop the claim and do a Pre-lim and LBA on estimated fees, and obviously lose my £80 fee, and start again. Or let this stand fill in the allocation questionaire (with advice from anyone) and see what happens. I will be gobsmacked if they defend this, but who knows.
They have obviously admitted that there are charges, but it is up to me to prove it, If I state that this is estimated as they have not follwed the DPA and the 'ol microfiche' saga, would this stand up (even though we all know that it IS a relevant filing system!)
Halifax - £1469 **Settled in full** Halifax - £948 **Settled in full** HalifaxMortgage - £301.83 **Settled in full** Abbey - £907 **Settled in full** RBS - £2100 **Settled in Full** RBS - £650 **Settled in full** Capital One - £520 **Settled in full** Capital One - £330 **Settled in full** Capital One - £670 **Settled in full** Barclaycard - £370 **Settled in full** Barclays Bank - £296.17 **Settled in full** I Group - £500 **Settled** NatWest - £1133.32 **Settled in full**
1st off the principle that the court will be looking for is to see that you have tried to get BC to settle and given them a reasonable time to do so, hence the prelim/lba and the total of 28 days notice.
unless you can show that in some way you have given them adequate time and that it is clear to them that you will sue then it may be struck out by the court I fear.
I would wait to see if there are any other views from anyone with experience in such matters.
IMHO it would be better to withdraw than get the claim struck out for a proceudural gaff.
Re the defence, as much as its a pain if you are wanting specific support on this i would suggest posting it so that the comments you want support on are put in the context of the document. Oh and how many pages does 64 lines amount to, there have been reports of 10 and 12 pages of defence submitted!!
Did you send a schedule of charges with your claim?
I cannot be certain how good/bad my particualrs of claim are but your welcome to look at mine and see if theres anything there you can glean for future use.
Sadly i think you will need to re submit, wait and see who else posts i case i have it wrong.
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Halifax - £1469 **Settled in full** Halifax - £948 **Settled in full** HalifaxMortgage - £301.83 **Settled in full** Abbey - £907 **Settled in full** RBS - £2100 **Settled in Full** RBS - £650 **Settled in full** Capital One - £520 **Settled in full** Capital One - £330 **Settled in full** Capital One - £670 **Settled in full** Barclaycard - £370 **Settled in full** Barclays Bank - £296.17 **Settled in full** I Group - £500 **Settled** NatWest - £1133.32 **Settled in full**
Just on 2 short excerpts, looks like standard Barclays fodder to me... Check my Barclays thread, I posted mine in full there, and see if it's identical?
Interesting that they haven't even picked up on the fact that you didn't give them enough time to settle before filing...
Apologies to people who I was in the process of helping, I may be gone some time.
Do you think that failing to give the defendant any time to resolve the dipsute will be bought up by the defendant ?
If it is would the court striek the claim?
GLenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Sorry I have not posted for a while, I have no internet at home at the moment, and I can only check my emails at work!
Best regards
David
Halifax - £1469 **Settled in full** Halifax - £948 **Settled in full** HalifaxMortgage - £301.83 **Settled in full** Abbey - £907 **Settled in full** RBS - £2100 **Settled in Full** RBS - £650 **Settled in full** Capital One - £520 **Settled in full** Capital One - £330 **Settled in full** Capital One - £670 **Settled in full** Barclaycard - £370 **Settled in full** Barclays Bank - £296.17 **Settled in full** I Group - £500 **Settled** NatWest - £1133.32 **Settled in full**
Have I cocked up here?
without doing a Pre-lim or a lba
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