Thread: dondon59 v Barclaycard

I need urgent advice regarding b) below.

I have a hearing against Barclaycard and need to get a) and b) below to the court by Monday.

a) is no problem but can anyone advise me what b) entails or how to word what I send to the court? Do I have to set my whole case out here? Can I leave it blank and wait till the hearing to present my case?

The contents of the order (pertaining to me) are:

"The claimant shall ...... file and serve:
a) Copies of any statement relied upon as showing that each and every charge repayment of which is sought has been made.
b) A statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties."

Pertaining to the bank:

"The defendant shall ……. file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed:
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not, why not;
c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was."

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Can anyone offer urgent advice regarding b) below ?

I have a hearing against Barclaycard and need to get a) and b) below to the court by Monday (15th Jan).

a) is no problem but can anyone advise me what b) entails or how to word what I send to the court ?

The contents of the order (pertaining to me) are:

"The claimant shall ...... file and serve:
a) Copies of any statement relied upon as showing that each and every charge repayment of which is sought has been made.
b) A statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties."

Pertaining to the bank:

"The defendant shall ……. file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed:
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not, why not;
c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was."

See here for 2 statements of evidence one for service defence and one for pre-estimated cost defence:
http://www.consumeractiongroup.co.uk...tml#post482194

Originally Posted by jonni2bad

See here

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

posts 4 and 5 are most relevant to you...

Many thanks, I'm well on the way to completion. I've downloaded the Court Bundle as well. Will the court require me to print out the whole of the legislation (UTCCR 1999, UCTA 1977, SOGA 1982) or can I just refer to them by title or quote from them?

Originally Posted by jonni2bad

You'll be fine to make reference to them for now - the court will certainly be able to supply their own copy of the full text if they require it.

If this proceeds to a hearing then I suggest you get the full text.

Thanks