Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Unhappy Help !!!!! Allocation To Fast Track **WON**

    Morning everyone !!

    Claiming off Barclaysicon, sent prelim letters, sent lbaicon letter (*2). recieved offer which I politley refused. Sent letter today Sorry you are not satisfied, but that all we will offer ...... Barclays 14 day deadline runs out on the 28th November do i give them to then to increase the offer or do I apply to the courts now. I can't believe Barclays want to pay extra cost my claim is for only £300. Better in my pocket then theirs tho

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  2. #2
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    Default Re: araiangel Vs Barclays

    morning

    And you dont need to wait just go with the oringal deadline.

    and goodluck


  3. #3
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    Default Re: araiangel Vs Barclays

    Quote Originally Posted by araiangel View Post
    Morning everyone !!

    Claiming off Barclaysicon, sent prelim letters, sent lbaicon letter (*2). recieved offer which I politley refused. Sent letter today Sorry you are not satisfied, but that all we will offer ...... Barclays 14 day deadline runs out on the 28th November do i give them to then Yes, that's what you said in your LBA.

    or do I apply to the courts now No, stick to your time-table don't cut any corners. You would expect them to.

    I can't believe Barclays want to pay extra cost my claim is for only £300. Better in my pocket then theirs tho
    Good Luck

    To follow my case progress, click here to see where I'm at right now.

    Welshman

  4. #4
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    Default Re: araiangel Vs Barclays

    wait till the 28th then!! gives me time to do more reading

    thanks


  5. #5
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    Default Re: araiangel Vs Barclays

    nothing in the post today, final day to hear from Barclaysicon. Oh well time to fill out the court forms and hand them in tommorrow


  6. #6
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    Unhappy Help !!!!! Allocation To Fast Track

    Good morning

    Just recieved my post this morning and in it was my notice of allocation to fast track.

    I filled out my allocation questionnaire and sent it back agreeing to it being put on small claims. My claim is for last than £370.00. I sent back with the allocation the new stratergy that is posted on this site. Today i recieved this back:

    District Judge has considered the statements and case and allocation questionaires filed, and allocated the claim to the fast track.
    There be standard disclosure of documents by list between the parties by serving copies together with disclosure statement by 4pm 12/02/07
    A defaulting party will not be permitted to rely on any document of which disclosure has not been given persuant to this order.
    Each party shall serve on every other party statements of all witnesses as to the fact upon which he intends to rely at trail, There shall be simultanous exchange of such statements no late than 4pm 26/03/07
    the witness shall stand as evidence in chief at trail
    Evidence will not be permitted at trail from any witness whose staatement has not been disclosed in accordance with this order.
    no expert evidence being necessary, no party has permission to call or rely on expert evidenve
    The matter be listed in a 3 week trial window commencing 19/07/07 with a time estimate of 3 hrs
    The trail checklista to be filed by 4pm 14/06/07
    The claimant shall file with the court not less than 7 days before trial a budle comprising of the following: an agreed case summary
    an agreed proposed trial timetable
    the pleading
    the statements of the parties and witnesses as to fact
    the skeleton argument and reports of any cases upon reliance is placed

    Any party affected by the terms of this order may apply to have it set asideicon, varied or stayed within 7 days

    I have to fill out a pre trail questionnaire and pay £275.00.

    I am really stressing i was prepared for the small claim track and cannot believe they have allocated it to fast track and I have to pay out even more money.

    What do i do first ???????? Would really appreciate all your help at the moment, new baby, no sleep and now this


  7. #7
    hek hek is offline
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    Default Re: Help !!!!! Allocation To Fast Track

    Oh dear, poor you.
    I've not heard of this before but hopefully a mod will be able to guide you in the right direction.
    Good luck.
    Hek


  8. #8
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    Default Re: Help !!!!! Allocation To Fast Track

    sorry to bump this but I really do need help as to how to proceed ???


  9. #9
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    Default Re: Help !!!!! Allocation To Fast Track

    From What I can gather this is good for you!

    The Bank will have to give full dislosure (ie tell the court what it 'actually costs' which they certainly do not want to do!

    IE it should make them pay up quicker!


  10. #10
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    Default Re: Help !!!!! Allocation To Fast Track

    So what do I have to do by the 12/02/07 ???

    There will be standard disclosure of documents by list between the parties by serving copies together with a disclosure statement

    Sorry to sound sooooo thick, my hand was all sorted for small claims and this has ent me in a spin


  11. #11
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    Default Re: Help !!!!! Allocation To Fast Track

    any mods out there able to help me on how to proceed ????? THANKS


  12. #12
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    Default WHAT TO DO NEXT ??? araiangel vs barclays

    what do I do next, what do I have to produce to the court by the 12/02/07 do I have to have my full court bundle ready by then and hand it in. I don't quite understand the

    "standard disclosure of documents by list between the parties serving together with a disclosure statement"

    I must be so thick as not to grasp the basic concept of the english language ... but this has got me sooooo confused. Any help will be much appreciated all I can offer it cold cups of tea and lots of dirty nappies from my new born. May be that is why I'm losing the grasp on english you do lose touch with reality when you have a screaming 3 month old


  13. #13
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    Default Re: Help !!!!! Allocation To Fast Track

    Can somebody help araingel her?
    PM a mod (in green on members viewing part) if you get no response.
    Cold tea and dirty nappies? Luxury.


  14. #14
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    Default Re: Help !!!!! Allocation To Fast Track

    Araiangel,
    try sending a personal message to 'BANKFODDER' [adminicon]
    http://www.consumeractiongroup.co.uk...ankfodder.html

    it does sound to me that the judge is trying to work it in YOUR favour, He knows the bank cant defend, they never do.

    .
    http://www.findmadeleine.com/
    http://news.sky.com/skynews/madeleine

    If I dont reply to a direct question please feel free to PM me.

  15. #15
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    Default Re: Help !!!!! Allocation To Fast Track

    http://www.consumeractiongroup.co.uk.../bookworm.html
    Bookworm always has good advice.
    Take what he says onboard, very reliable.
    Good Luck - dont panic!

    .
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    http://news.sky.com/skynews/madeleine

    If I dont reply to a direct question please feel free to PM me.

  16. #16
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    Default Re: Help !!!!! Allocation To Fast Track

    Quote Originally Posted by araiangel View Post
    Good morning

    Just recieved my post this morning and in it was my notice of allocation to fast track.

    I filled out my allocation questionnaire and sent it back agreeing to it being put on small claims. My claim is for last than £370.00. I sent back with the allocation the new stratergy that is posted on this site. Today i recieved this back:

    District Judge has considered the statements and case and allocation questionaires filed, and allocated the claim to the fast track.
    There be standard disclosure of documents by list between the parties by serving copies together with disclosure statement by 4pm 12/02/07
    A defaulting party will not be permitted to rely on any document of which disclosure has not been given persuant to this order.
    Each party shall serve on every other party statements of all witnesses as to the fact upon which he intends to rely at trail, There shall be simultanous exchange of such statements no late than 4pm 26/03/07
    the witness shall stand as evidence in chief at trail
    Evidence will not be permitted at trail from any witness whose staatement has not been disclosed in accordance with this order.
    no expert evidence being necessary, no party has permission to call or rely on expert evidenve
    The matter be listed in a 3 week trial window commencing 19/07/07 with a time estimate of 3 hrs
    The trail checklista to be filed by 4pm 14/06/07
    The claimant shall file with the court not less than 7 days before trial a budle comprising of the following: an agreed case summary
    an agreed proposed trial timetable
    the pleading
    the statements of the parties and witnesses as to fact
    the skeleton argument and reports of any cases upon reliance is placed

    Any party affected by the terms of this order may apply to have it set asideicon, varied or stayed within 7 days

    I have to fill out a pre trail questionnaire and pay £275.00.

    I am really stressing i was prepared for the small claim track and cannot believe they have allocated it to fast track and I have to pay out even more money.

    What do i do first ???????? Would really appreciate all your help at the moment, new baby, no sleep and now this
    This is simply a list of all the docs that you will rely on at the trail - everything should be included as you cannot add new info to it. So a list of correspondnace, cases you rely on etc. If you PM me an e-mail address I wil lsend you the simple format on a spreadsheet for you to fill in. Most of the info you need can be found in the standard bundle.
    This is very unusual for such a small claim. When do you need to pay the £275 by?


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  17. #17
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    Default Re: Help !!!!! Allocation To Fast Track

    Two threads merged into one


    BEFORE
    starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

    If you win, donate to this site
    Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.


  18. #18
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    Default Re: Help !!!!! Allocation To Fast Track

    The fast -tracking of this case is likley to lead to a fairly rapid settlement of your claim including all fixed costs including the £275.

    On the other hand it probably has been handled this way as a test of your resolve.

    I can imagin that Barlcays will wait to see whether you are prepared to put n the £275 rather than withdraw. When they do see you put in the £275 they will settle rather than make the dislcosure., they have settled very much larger sums than this. I would suggest that you don't worry. Make the payment and then wait for the cheque for the lot.

    I do think that it was unfair of the judge to do this for such a small claimicon but it is Barclaysicon who will loe out not you. It sends another message to the bank that the judges want to see their costs. You can send a message to Barclays that you are certainly prepared to invest what it takes to get your money back.

    barcclays are making huge profits from their charges. It will have to come to end soon.

    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.

  19. #19
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    Default Re: Help !!!!! Allocation To Fast Track

    Hello I worked for royal Bank of Scotlandicon. The visa company at harrogate were notorious in our office for being like a pirate vessle in her majesty's fleet.

    I have just closed my Visa account that I origionally opened to build good credit history with the shark experian.

    After being told my account was closed they screwed me with a final charge on the account. I had moved home and by the time I had got my mail They screwed me again twice for two £30 missed payments.

    The guy told me over the phone to tear up my card. It was not finalised. They got me! my phone number is 07922987741.

    I'm going to cort!


  20. #20
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    Default Re: Help !!!!! Allocation To Fast Track

    Good News ,My account was overdrawn when i took out steps to recover my charges by sending letter 1 to my local branch .It was 22 days before they sent it to head office and i called to follow up ..and was given a ref number. I then sent letter 2 ..and gave them 14 days included in the text from the 3rd Jan ...They sent a letter offering full refund to the day i claimed.. however ..as charges kept on being added to the account ...from Dec 06 ..i accecpted the offer with a clause ..i could claw back those charges not recovered. However as my account is up and running ..i might not go after any futher amounts as the main amounts are returned with interesticon at 8%.Many thanks for all the information and RBSicon have a backlog of claims mounting each day as i had a long converstion with the legal dept re time scales ...1st told they turn claims round in 10 working days ..then told 10 weeks ..when i gave them 14 days or into court you go .Regards Mobberley08



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