Thread: Reid Vs Barclays

Good going Richard, hope your claim is settled soon

Keep on at it....

Hi Riccles,

Letter sounds good, can't really make it much clearer than that can you...you're being generous in sending them a rejection and giving them more time...I would have a filed a court claim straightawy.

As for their 8 wk deadline - that's their own get-out clause...your letters showed them you meant business, and albeit you're a bit late, YOU haven't told them the matter is closed as you're still pursuing it. They'll know Christmas and New Year came in the way!

I wouldn't worry...proceed as normal, it's not as if they don't know what's coming. Worst case scenarion, if they do hold it against you, re-start by sending them the same letters again....that'll really tick 'em off!

Thanks Crash,

Thats what I thought.
And I have worked out how to do my signature as well!

Hi everybody,

I have given an outline below of where I am upto:

Initial Bank Charges Letter & Charges sheet sent - 06/10/06
Letter from Barclays explaining investigation to take place - 11/10/06
letter before action sent to Barclays & Charges sheet - 31/10/06
Letter from Barclays offering partial settlement - 02/11/06
Letter to Barclays rejecting partial settlement sent - 05/01/06

MCOL issued 24/01/07
MCOL served to Barclays 29/01/07
Request for judgement 13/02/07 - REJECTED
Barclays file acknowledgement of service 14/02/07
Request for judgement 26/02/07 - REJECTED
Barclays file defence 26/02/07

I need to have my Allocation questionairre returned by the 18/03/07, but as this is a Sunday it needs to be with them by Friday, which means it needs to go in the post today.

I have downloaded notes on how to complete, and have completed except for 'Section G - Other information'. Could someone please advise if there are any standard words to put in here or if not, what I should be putting?

Also, when reading the advisory notes again it stated that when completing my MCOL, that I should have sent MCOL a schedule of charges. I don't think I did this. Will this affect my claim in any way?
The last schedule of charges I sent to Barclays was with my rejection of settlement offer letter.

Hi Reidy, you can put the following in the section G:

"I am respectfully requesting that my claim be allocated to the small claims track. This issue
is not a complicated one; it is an issue of fact and 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 reduced my claim without argument. However, the continuing problem is (in common with the hundreds of other cases currently 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 utmost good faith.
Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order :
i) Summary Judgement as the Defendants defence did not answer the particulars of claim and consisted of no grounds for defence;
OR
ii) Standard Disclosure.
I believe this would bring a rapid end to this litigation."


As for the schedule, I wouldn't worry too much about it. If you want, you can send an updated SOC now, and advise that you're enclosing it (covering letter will do) or you will get an opportunity to submit an up-to-date one at court bundle stage anyway.

HTHs

Thanks Crash,

A few more questions before I send:

1) As my claim is around £600 do I need to actually attach a fee to the allocation questionairre?

2) Is the fee for the allocation quest the same as the court fee?

3) Do I need to add any other words to section G other than the ones you have given me, the guidance notes mention attaching other documents. Should I be doing this?

Cheers

Riccles

Originally Posted by riccles

Thanks Crash,

A few more questions before I send:

1) As my claim is around £600 do I need to actually attach a fee to the allocation questionairre? No

2) Is the fee for the allocation quest the same as the court fee? Not required

3) Do I need to add any other words to section G other than the ones you have given me, the guidance notes mention attaching other documents. Should I be doing this? No

Cheers

Riccles

Hope this helps

Lively got there before me....lol! Just for your info, an additional £100 fee for the aq is only payable if your claim is over £1500. No other docs need to be attached at this stage as you'll get an opportunity to do this later

Thanks guys,

Much appreciated.

Hi again,

Now I have sent my allocation questionaire in, I know I need to get my court bundle together..........should I do this straight away?

I ask this because it seems that the banks generally seem to drop at the last minute and is there any point getting together until near the court date?

Also, how long does it take to put this all together?

Advice would be much appreciated.

Reidy, your bundle usually needs to be in 14 days before your court hearing by the latest (but check the instructions you get with the hearing date). You can start doing the bundle about a week before it is due in...don't leave it till the last minute. There is a lot of printing, copying, and page numbering to do so you do need several hours for this.