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.

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  1. #1
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    Default Crash v Barclays2**won**

    I thought I better start a seperate thread for hubby's claim.

    S.A.R. sent on 22 Aug 06;
    Prelim on 04 Oct as they took forever with the statements;
    lbaicon on 23 Oct;
    Court claim filed on 21 Nov for £1,404.41 for charges & contractual interesticon at 26.4% (rate charged pre-6yrs ago);
    aqicon sent in on 26 Jan 07. Last date for filing was 09 Feb and the courts or I haven't seen anything from Barclaysicon since.

    I called Paul Quinn a couple of days ago and he said they had sent it in and would chase. I reminded him that they've recently settled my claim in full, two days before the hearing (similar claim, bigger numbers) but he said irrespective of that they have to give other more imminent claims priority, and suspects they will be calling me to settle two weeks before a hearing date.

    So just waiting until that time.

    Similar Threads:
    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  2. #2
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    Default Re: Crash v Barclays2

    Called the court today as not heard anything. Have been issued with a court date of 19th April for the small claims hearing.

    I guess the fun begins from about 10th April then!

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  3. #3
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    Default Re: Crash v Barclays2

    Bundle sent via TNT yesterday with an application for costs included, just so that they know I'm gonna be claiming those too

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  4. #4
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    Default Re: Crash v Barclays2

    Rung Paul Quinn today to remind him of the imminent court hearing next Thursday. They are swamped as usual so he will be in touch on Monday. All the better for me, anyway I hear they are now giving in without much of a telephone fight (dagnabbit!)

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  5. #5
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    Default Re: Crash v Barclays2

    was your CI compound Mindsai stylee?

    and best of luck, it looks like you're on top of it


  6. #6
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    Default Re: Crash v Barclays2

    Yes Micky it was.

    Feel a bit sick now, but Paul called and asked me for a settlement figure. I gave him the full amount with costs. He called back after 10 mins saying they were prepared to pay the full claim that went into court, but not the application for costs, calling me a 'serial' litigant!! I said fine, we'll just leave it up to the judge to decide. We went around in circles for a bit, and he said we will instruct a barrister to come into court, it's not an empty threat etc. I said fine. He finished off by saying it's obvious we're not going to come to an agreement, see you in court.

    Thus I feel a bit sick (GULP!) however, for now I am sticking to my guns.

    We'll see how things progress and whether I get another call in a couple of days.

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  7. #7
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    Default Re: Crash v Barclays2

    so they're ok with the charges plus comp CI but not the costs?

    that make sense, not

    'serial litigant'? no problems with them being a 'serial illegal charger' then?

    sounds like you're on the cusp of a win to me

    excellent news

    can I ever so slightly have a look at your various letters regarding the CI argument? They clearly get the job done. I'm still at prelim stage with the CI claims

    thanks

    and how much did you claim for costs?


  8. #8
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    Default Re: Crash v Barclays2

    Well he called back to say there was a bit of confusion over my costs page. They seemed to be looking at MY costs from my previous claim, rather than hubby's although I can't understand how they've managed to mix them up, as hubby's bundle definitely had his costs (£384.93) in them. I faxed it off to him and confirmed that he'd received it.

    Maybe that's why they got so funny...they were thinking I'd snuck it the same costs from an older claim, which isn't the case at all (it was more in my last claim too!)

    Still we'll see what happens.

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  9. #9
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    Default Re: Crash v Barclays2

    that would make sense

    all sounds good then

    that's a fair bit of costs isn't it, although I suppose the court fee and the MCOL thing is most of it, plus time plus letters?


  10. #10
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    Default Re: Crash v Barclays2

    Micky this is additional costs for preparation/research on the case - 38 hrs @ £9.25 per hour. See here for more info

    http://www.consumeractiongroup.co.uk...tml#post553523

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  11. #11
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    Default Re: Crash v Barclays2

    this is great news apart from the costs.


  12. #12
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    Default Re: Crash v Barclays2

    Thanks Kimmy, it's not over just yet but we'll see

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  13. #13
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    Default Re: Crash v Barclays2

    Keep at 'em Crash.
    Best wishes
    sandbag.


  14. #14
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    Default Re: Crash v Barclays2

    looks like litigation are losing their professional touch. just been reading your posts again.

    im quite horrified that they called you SERIAL LITIGANT! errr excuse me its our money

    youve got every right to the costs

    will find dar3n quote on this in a min


  15. #15
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    Default Re: Crash v Barclays2

    no he wont ...LOL

    .
    http://www.findmadeleine.com/
    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: Crash v Barclays2

    Quote Originally Posted by dar3n View Post
    no he wont ...LOL
    what i meant was trying to find the legal term you quoted on spleens thread re costs


  17. #17
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    Default Re: Crash v Barclays2

    To be honest, I cant really advise anymore than Crash already knows. Ive only just started my claim #2 so am behind, so it'll be more like me asking than advising.
    Im getting prepared for a rough ride on this one.

    but i DO hope they call me a serial litigant.

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

  18. #18
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    Default Re: Crash v Barclays2

    oh I see.
    you mean I'd say something nerdy like.
    "you should quote him CPR 27.14"

    LOL

    but just in case
    PART 27 - THE SMALL CLAIMS TRACK

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

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

  19. #19
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    Default Re: Crash v Barclays2

    Quote Originally Posted by dar3n View Post
    oh I see.
    you mean I'd say something nerdy like.
    "you should quote him CPR 27.14"

    LOL

    but just in case
    PART 27 - THE SMALL CLAIMS TRACK
    YES what i was looking for. sadly didnt do this on my biggy claim last june. oh well swings and roundabouts gonna wallop them now pre six years ha ha


  20. #20
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    Default Re: Crash v Barclays2

    Any update Crash ? Subscribing...

    Claims:
    bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

    bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

    bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

    *Paid Deposit on New House with my Winnings !



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