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african_igbo

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  1. Hi Please can you proof read and confirm if I can send this application to the courts. Claimant xxxx xxxx Vs Barclays Bank PLC. This application to the court is to have the Barclays Bank PLC defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted. Power to strike out a statement of case 3.4 (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case. (2) The court may strike out (GL) a statement of case if it appears to the court - (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim; (b) that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or © that there has been a failure to comply with a rule, practice direction or court order. (3) When the court strikes out a statement of case it may make any consequential order it considers appropriate. (4) Where - (a) the court has struck out a claimant's statement of case; (b) the claimant has been ordered to pay costs to the defendant; and © before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out, the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid. (5) Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case. (6) If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit - (a) the court's order must record that fact; and (b) the court must at the same time consider whether it is appropriate to make a civil restraint order. Cheers
  2. Cardiff Civil Justice Centre 12 Park Street Cardiff CF10 1ET Date: 31/07/07 Dear Judge. Claim Number: 7xxxxx Claimant: xxxx xxxx vs Defendant: Barclays Bank PLC. Please can the Barclays defence be struck out for not submitting their Allocation Questionnaire and returning there Allocation Questionnaire on or before 27th of July 2007. which has now passed. Your Sincerly
  3. Is there a general letter to get Bs (Banks) to have the defence thrown out of court. Cheers
  4. I am at the same stage Bs did not send in their AQ which was 27/07/07 can I send the Request for Judgment slip by Recorded Delivery.
  5. How do I apply to have their defence thrown out and receive judgment in my favour can I send the the "Request for Judgment" slip.
  6. Oops I may of mislead you all I have sent my AQ and Draft order which had to be in before the 27/07/07 which it has I telephoned the court who state that Bs haven't sent in anything other than the Notice of defense. I was under the impression that they also had to file a AQ before the 27th of July to which I was told by the Courts that Bs haven't and they told be to send a Request for Judgment is this correct as I just assume I wait for the Courts to allocate my claim set the date (possible November 2007 ), issue directions etc etc and wait as Bs told me over the phone that they will not be doing anything until the Test Case.
  7. Thx Sainty I will nothing to loose anyway. Sure right how's does Paul Quinn (PQ ) know!.;
  8. Sainty 1 go for what - Judgement of Default using the slip that was attached.
  9. Paul Quinn at Bs has told me the case will likely last for at least a couple of years to resolve, "What the Hell" I am awaiting a Court Date a date to conclude I assume that I will have to wait a couple of years while they make a deal that possible takes into consideration this and that and we'll end up with out every pound they got of ours they can keep thirty pence in the pound or some thing. Please can some one confirm as I am ready for "Court" with my Court Bundle printed and 2 of the six T&Cs my folders with indexing the lot.
  10. I just had a call from Paul Quinn and stated that they will defend and it's possible that the Post Strike has delayed their AQ side of things plus he Mentioned that all Banks are unlikely to pay out for any charges until OFT test case is sorted apparently theres "Notice of Stay" thus could be ages before the outcome of this case is known. Usually "crap" one rule for one and anoter "rule" for another my AQ would have been thrown out without a doubt but Bs big pockets can have a few days extra on the house.
  11. I have just telephoned the Courts and Barclays have failed to comply to the AQ mine is in theirs is not. I am now going to request a judgment as Bs have failed at this point. Please advise.
  12. I note that I haven't received anything and my AQ and draft order have been delivered to Court using recorded delivery. What is next and should Barclays sent me something by now!. As it's the 31st of July and the 27/07/07 has long gone.
  13. Hi All just an update I haven't received anything so far since I sent AQ and Draft order by recorded delivery.
  14. Anyone got Barclays Additions T&C's 2000, 2003 ,2004 ,2005 and 2006. Cheers.
  15. Just an update my N149 AQ and the attached Request for Draft Order have been posted today. Got until 27/07/07 to reach the Courts.
  16. Hi Folks sending my n149 Tomorrow after reading and digesting before finally checking it over. I have had my friend print out 3 copies of the Court Bundle So Bs Im nearly there I did get 3 of of the 6 Terms and Conditions for Bs Additions Account Holders So hope to see the 4 shortly. I Did not receive any feed back or acknowledgment from Paul Quinn as Dino had returned my email to confirm that P Quinn was apparently dealing with my case. Never mind I don't care know I will see if I can get the full amount as I was willing to shave a few hundred of it but if I do win will start the process again for the last 3 months as well!.
  17. Hi again I have completed the form in pencil and attached the Section G - "other information inc of my Name and and Bs I note that I have been given a Small Claims Mediation Service form and details is it best to ignore this opportunity service. Thx
  18. Excellent link got notes to read and digest and tomorrow or over the week end send. Thanks again. Fingers x As I am hoping that Bs back down and settle to a satisfactory figure.
  19. Hi I have read and digested the the thread regarding New Strategy for Allocation Questionnaire and thus printed off for further reading and understanding I have got a N149 (Small Claims fast track). I assume I add to Section G - the "other information" N149 Allocation Questionnaire - then have to submit the claimants doc's a), b), c) and d) of the order.
  20. Hi Igbo is Nigerian tribe located South East part of the Country. Sorry for the confusion I wll have to pay for my copy of the Bs bank statements to be copied the court bundle I have a mate in the Office Stationary Business who will make 3 copies of the court bundle. I have just received notice that Bs will defend and that their Defence has been filed. Thus got a Allocation Questionnaire to fill out. Please advice as I got to complete before the 27th of July.
  21. Thanks I signed up and I have got Bs 2000, Bs Additions 2001 and 2002. So onl3 3 more to go. Will monitor I got time I hope on my side anyway and I got a mare ready to press out my Court Bundle when ready just my Bank Statements that I am going to take a hit (Pay) with. Cheers CAG for your help.
  22. Excellent thanks for the heads up. sliclwilly132.
  23. Hi All - Bs have until the 16th of July to enter their defense So I am getting rather worried now!. Do I need the Terms and Conditions as part of my defense, I have a Friend in printing business who will make 3 copies of the Court Bundle when I get the Court Date. I will get them printed a week and half before going to Court. I have not had any replies to an email asking Paul Quinn ( Who never returns Tel calls or email) So that's that very unprofessional in my book just to say "Yes" I am and will look into nearer the date would be sufficient. Gloves off So plz confirm the T&C's.
  24. I did not have any choice or option regarding writing representations rather than attending? . Never mind as long as I get a court date and time to seek satisfactory settlement. Thx
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