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.
Issued the first letter on the 7 April 2006 requesting the repayment of the charges that have been added to my account.
Received this reply on the 12 April 2002.
Retail Banking Customer Relations
Central Region
P.O. Box 305
Northampton
NN1 4WL
Dear Mr xxxxxx
I am sorry you have had to contact us about the charges on your account. Thank you for taking the time and trouble to do so.
I have passed your concerns to our Head Office Customer Relations team and they will let you have a response or update as quickly as they can but no later than 10 May 2006. In the meantime if you need to speak to them please call on 0800282390. I have enclosed a leaflet explaining how Barclays works to resolve complaints. I hope you find this helpful.
Thank you for bringing this to my attention.
Yours sincerely.
This looks like the their standard letter telling me to go and bury my head in the sand.
I'm sticking to the timetable outlined in the first letter, just waiting to see if I will receive any further replies before I send the second letter before action.
Just like to inform you that my N1 claim form was filed on the 12 May 2006 and was served today the 17 May 2006. I'll fill the detail in the Litigation in Progress.
Today I also received a letter from Barclays they are willing to offer me £800.00 as the sum in Full and final settlement. This letter was the response to my lba which has exceeded my time scale. Shall I reply to this letter, telling them that the Claim is in progress and that the amount claimed is £2770.77 which includes the interest and court fees.
I've followed the procedures of filling in the court forms and all was going well until to day.
I've received a General Form of Judgement or Order.
Upon reading the papers filed.
IT IS ORDERED THAT
1. The Claimant must identify each and every debit on him, upon which £XXXX.XX is calculated,giving dates and amounts in each case and why he contends such debit was contrary to contract and agreed banking procedures to law by 4pm 24 July 2006 or claim struck out.
2. Defendant have permission to amend defence if so by 4pm 7 August 2006.
3. The file to be referred back thereafter.
I'm at a bit of a loss here, I attached to the N1 a schedule using the spreadsheet identifying the charges giving dates and the amounts, and in filling out the N1 form why the debit were contrary to contract.
Can you help!!! General Form of Judgement or Order
I've followed the procedures of filling in the court forms and all was going well until to day.
I've received a General Form of Judgement or Order.
Upon reading the papers filed.
IT IS ORDERED THAT
1. The Claimant must identify each and every debit on him, upon which £XXXX.XX is calculated,giving dates and amounts in each case and why he contends such debit was contrary to contract and agreed banking procedures to law by 4pm 24 July 2006 or claim struck out.
2. Defendant have permission to amend defence if so by 4pm 7 August 2006.
3. The file to be referred back thereafter.
I'm at a bit of a loss here, I attached to the N1 form the spreadsheet identifying the charges giving dates and the amounts, and in filling out the N1 form why the debit were contrary to contract.
Do I need to send a copy of the 'schedule' to the Court and Barclays and what reply do I need to give to their question (why he contends such debit was contrary to contract and agreed banking procedures to law)
Re: Can you help!!! General Form of Judgement or Order
where has this come from - the Court or Barclays/solicitors?
I think this may be a CPR18 - do a search - and isn't applicable to a case that is in small claims. There are others that will know better - I'm surprsied they haven't replied yet.
Here's hoping someone does
Don't be afraid of contacting the court themselves and asking exactly what this is about. As you say, you've enclosed a schedule of charges breaking down the charges placed against you, and presumably your Particulars of Claim used something similar to the template particulars in the Bank templates library?
This is an off-the-cuff remark - I've been away from the forum a bit over the last week or so, getting back into it Monday - but to me it sounds as though Barclays Solicitors have filed for a judgement against you for one reason or another - presumably you missed no deadlines and provided them with a copy of the schedule of charges?
Thinking about it, it could simply be that - they've not had a copy of the schedule of charges, and instead of asking you directly for one filed for a judgement against you on the grounds of insufficient information. Which is absolute cod if you ask me, as they blatantly have the information in the Bank's files.
As mentioned - give the courts a ring and ask for some help. Don't forget, generally speaking the court is on your side in cases such as these - Joe Public vs Corporation.
Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Can you help!!! General Form of Judgement or Order
Originally Posted by itsmine
Do I need to send a copy of the 'schedule' to the Court and Barclays and what reply do I need to give to their question (why he contends such debit was contrary to contract and agreed banking procedures to law)
If you sent a detailed Breakdown of all charges to the bank with your lba, and provided another copy to the court with your N1, you should not really need to do so again. However, with all the claims taking place at the moment it is possible that it has become mislaid.
When you filled in your N1, did the court clerk make a photocopy of the form and attached paperwork, and if so, did they give you a copy? If they did, then you need to visit the court, show them the copy, and explain that the requested information has already been provided.
You also need to check the particulars of your claim, and ensure that reference is made to the UTCCRs as well as common and statute law. Again, this should have formed part of your LBA, as well as being entered in the "particulars" section of your claim form.
Best advice would be to print out your LBA again, and also a copy of your spreadsheet detailing the applied charges, and take them along to the court with the letter/form of judgement. Explain that they can take copies of whatever they feel is necessary, and that you authorise them to provide a copy to the defendant.
If there is anything else that they require, then they are to give you a list, so that you can write it down, and we can deal with that when it arises...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I've just got my court date which is on the 21 November 2006.
I my thought the case had gone cold but now its hot very hot.
Only just got round to reading the documents sent from the court and I think going to need some advice for what documents need to be sent.
Notice of Allocation to the Small Claims Track (Hearing)
The court must be informed immediately if the case is settled by agreement before the hearing date.
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 02 October 2006.
The original documents shall be brought to the hearing.
The Defendant shall file and serve not less than 14 days before the hearing, a bundle of authorities relevant to the issues in this case,
Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.
Page 2
SMALL CLAIMS EXPANATORY NOTE AND
WARNING
Please read this carefully and ensure that you comply with it.
Failure to do so may irreparably damage your case.
1. With this document you will have received the Court's directions —- -about your case and a hearing date.
2. It is vital that you fully comply with ALL the directions given at the right time.
3. In particular you must send to the court and to your opponent:
(a) copies of your document OR if you have none a letter confirming this and
(b) statement of you own evidence and of any other witnesses you intend to call or upon whose evidence you intend to rely to arrive by the date on the Court's direction order sent with this notice
If you need more time you will need to apply for it in accordance with
the Civil Procedure Rules.
4. The fact that you have attached statements and/or documents to your claim or defence or to your allocation questionnaire may not be compliance with the order. In particular you may not have given them to you opponent. Accordingly please re-read paragraph 3 to ensure that you have complied.
5. Your file will be referred to a judge without notice to you or your opponent before the hearing date and if you have failed to comply with the directions order the judge will consider:
(a) dismissing your claim or counterclaim,
(b) striking out your defence with judgment for your opponent against
you, . (c) canceling the hearing,
(d) refusing to allow you to call evidence, produce documents or raise
issues, and
(e) ordering costs to be paid by you.
Excellent advice on contents of bundles for the court
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
Itmine v Barclays
works to resolve complaints. I hope you find this helpful.
Reply With Quote
Re: Itmine v Barclays
Re: Itmine v Barclays
Re: Itmine v Barclays
Re: Itsmine v Barclays
Originally Posted by itsmine
Re: Itsmine v Barclays
