newbe to CAG Woolwich defended small claims

[barbara.charlton]

Hello everyone,

I have only just joined the CAG, looking for divine inspiration and help for my claim against Woolwich (Now taken over by Barclays) for just under £1000 including interest.

I have followed the templates on moneysavingexpert, issued the small claims and the bank have defended the case, and yesterday I received a copy of the defence. PANICKED!!!! Now what? I am no lawyer, just a Travel Agent, what next?

I called the court appointed, as there did not appear to be any date for a hearing and she just said I should send in my evidence. What? I have just followed the instructions on Moneysavingexpert!!

Read a few threads and Kevboy (The famnous one) has directed me to a link for a court bundle (Which is huge and frankly in another language to me!!), and I am unsure what else to send, surely I don't just print that off and send it to the court with my file number? I read somewhere that I need a copy of my banks T&C, but have looked at my online banking site and no sign of them. Do I just call Woolwich/Barclays and ask them? Would they have a copy in the bank?

Any help MOST appreciated, as Woolwich have gone to all the trouble of doing a defence, seems to me they will follow thru!

Thanks in advance

Barb

[Kevboy_telford]

Barb

First thing first DONT panic
What date do you have to have it in for?
Evidence is your statements etc so you should have all that. Best bit of advice from me is to read as much as you can from all the threads that you think are relevant and ask questions about things you aint too sure of here.
I dont know the deal with Woolwich (seeing I is from Lloyds!) but somebody here should be able to point you in the right direction

Cheers

Kevin

[barbara.charlton]

Thanks Kev.

I don';t have a date yet, just got a transferance of court thing with a copy of the banks defence.
Rang the court and they said that it goes to a district judge in next few days who reviews and sets a court date, and then I will have to send evidence in and copy to bank.
I read a lot of threads yesterday relating to barclays and woolwich, and gleaned an email address for someone at Barclays who I emailed, to ask if they have any idea when they would be sending me a copy of their court bundle. I have not yet had a reply, but thought this might prompot them to realise that I am serious and am a member of CAG (which I mentioned) and it might prompt them to call me and settle! I live in hope!!

Many thanks

[amandaardley]

its ok at the moment hun dont panic they did exactly the same to me, except the judge had hold of it for over a month, i then called the court and the woman said i need to fill out an allocations questionaire and rather than wait for the judge to decide she would send one to me asap, i filled it in and paid £100, even if u dont have to do an Allocations questionaire u will need ot pay the £100, once a court date is issued then they will ask u to send ur evidence ( court bundle) u dont need to untill they tell u to do so, so give ur court a ring and ask them to send u a Allocations Questionaire while ur waiting for the judges descsion

amandax

[barbara.charlton]

strangely enough on the transfer details the bit about the allocation questionaire, has been crossed out, what exactly is it, and why do I have to pay another £100?

thanks

[amandaardley]

firstly the allocations question bit that has been crossed out is because the mcol no longer which to deal with them instead they are letting the local courts decide whether to use them or not, an allocations questionaire is for the purpose of allocating a date and time for your case to be heard hence a charge for it. have a look in the library on here for allocation questionaire, it will give u an insight as to what they are and how to fill in, but do give ur court a ring and see if one is needed.

amandax

[barbara.charlton]

Hi Amanda,

I called the court and was advised that the charge is only for claims over £1500 which mine isn't, so I don't have to pay. Nice lady there told me mine is upto judges office today, and that I didn't need to send anything at this stage, but I said would it speed things up if I faxed over my statement and notes so far, she said OK, so faxed that to her to perhaps save them writing to me for more details and thus a couple of weeks. I hope that will prompt the judge to give a hearing date now.

Will keep you informed..............

[amandaardley]

brillaint hun, sometimes it pays to just give the court a call to see what u need to do rather than waiting, so good on u and hopefully u will get a court date soon.

amandax

[barbara.charlton]

dear all,

the court have now sent me a letter saying I am ordered to file and serve (does that mean post to them?) a detailed statement of the charges I allege are unlawful and the dates when charged by 4pm on the 5th July.

and then it says....

Upon compliance with paragraph 1 (the above)
(i) allocate small claim track
(11) standard directions#
(iii) court to list for 5 minutes hearing


well if he only wants the hearing for 5 mins that has to be good news eh?

do I have to 'allocate small claim track? or are those last things directions to some admin person?

Thanks!

[welshcakes]

Hi barbara

So, the court is asking you to provide a Schedule of Charges, probably as oppose to full statements. If you haven't already, use the spreadsheet from this site - it will automatically calculate the 8% Statutory Interest, days since incurred etc. Make sure you don't use abbreviations for the item descriptions ie don't put RC for Returned Cheque, put words in full so the judge can see exactly what is what.

As I read it, you aren't being asked to allocate, that's down to the judge and basically, they've given 5 mins because it's only a simple "in-out" Directions Hearing where you'll go in and the judge will likely just advise that it's to be treated under Small Claims.